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VILLAGE OF LEMONT
ORDINANCE NO.1 i' I ' o
HISTORIC PRESERVATION ORDINANCE
OF THE VILLAGE OF LEMONT
COOK, WILL AND DU PAGE COUNTIES, ILLINOIS
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
rh
This day of r-- .e.b''vtw'W , 2001.
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village of
Lemont, Counties of Cook, Will, and
DuPage, Illinois this /c2'
day of f'•Q.Ji , 2001
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TABLE OF CONTENTS
I. HISTORIC PRESERVATION 2
II. DEFINITIONS 2
III. HISTORIC PRESERVATION COMMISSION 5
A. COMPOSITION 5
B. QUALIFICATIONS 5
C. TERMS 5
D. OFFICERS 6
E. MEETINGS 6
F. POWERS AND DUTIES 7
G. SURVEYS AND RESEARCH 8
IV. LANDMARK/HISTORIC DISTRICT DESIGNATION 9
A. NOMINATION 9
B. CRITERIA 9
C. PROCEDURES 11
D. APPLICATIONS AND SUPPORTING DOCUMENTATION 12
E. DECISIONS 13
V. CERTIFICATE OF APPROPRIATENESS 14
A. STANDARDS 14
B. DESIGN GUIDELINES 15
C. HEARING ON APPLICATION 16
D. ISSUANCE 17
E. APPEALS FOR DENIAL 18
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F. FINDINGS ON APPEAL 18
VI. CERTIFICATE OF ECONOMIC HARDSHIP 19
VII. APPEALS 21
VII. NATURAL DESTRUCTION OR DEMOLITION 21
VIII. FEES AND PENALTIES 21
IX. PUBLICATION 22
X. EFFECTIVE DATE 22
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ORDINANCE O -O 7`0
HISTORIC PRESERVATION ORDINANCE
OF THE VILLAGE OF LEMONT
COOK, WILL AND DU PAGE COUNTIES, ILLINOIS
WHEREAS, movements and shifts of population and the changes in residential, commercial
and industrial uses and customs threaten the destruction of areas, places, structures, works of art, and
other objects having special historic, community, architectural or aesthetic importance, interest, or
value and whose preservation and continued use are necessary and desirable for the enjoyment and
beauty of the Village of Lemont and for the welfare of the citizens of Lemont; and
WHEREAS, the authority for these purposes is found in the Illinois Historic Areas
Preservation Act, Chapter 65 Illinois Compiled Statutes 5/11- 48.2 -1 which_ has granted powers
to the Mayor and Village Board of the Village of Lemont to provide for official landmark
designation by ordinance of areas, places, buildings, structures, and other objects having a special,
historical, community or aesthetic interest or value, and in connection with such areas so designated
by ordinance of areas, places, buildings, structures, and other objects having a special historical,
community or aesthetic interest or value, and in connection with such areas so designated by
ordinance to impose regulations governing the construction, alteration, demolition and use, and to
adopt other additional measures appropriate for their preservation, protection, enhancement,
rehabilitation, reconstruction, perpetuation or use; and
WHEREAS, the Village of Lemont contains many structures and areas that embody a sense
of time and place unique to the Village or which exemplify or reflect the cultural, social, economic,
political or architectural history of the Village of Lemont, the State of Illinois, or the nation; and
WHEREAS, the protection of the historic and architectural character and resources of the
Village of Lemont is necessary for the promotion of its economic development; and
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NOW, THEREFORE, BE IT ORDAINED by the Village Board of the Village of Lemont,
Cook, Will and DuPage Counties, Illinois:
I. HISTORIC PRESERVATION
The purpose of this ordinance 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 Lemont by:
1. Identifying and preserving the historic and architectural characteristics of Lemont which
represent elements of the Village's cultural, social, economic, special political and
architectural history;
2. Promoting civic pride in the beauty and noble accomplishments of the past as represented
in Lemont landmarks and historic districts;
3. Stabilizing and improving the economic vitality and value of Lemont's landmarks and
historic areas;
4. Protecting and enhancing the attractiveness of the Village to buyers, visitors and shoppers
and thereby supporting business, commerce, industry, and providing economic benefit to the
Village;
5. Fostering and encouraging preservation, restoration of structures, areas, and neighborhoods
and thereby preventing erosion of the special historic significance of Lemont in the State of
Illinois and its history.
II.
DEFINITIONS
Unless specifically defined below, words or phrases in this ordinance shall be interpreted
giving them the same meaning as they have in common usage and so as to give this ordinance its
most reasonable application.
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1. Alteration - 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.
2. Area - A specific geographic division of the Village of Lemont.
3. 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.
4. 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.
5. Certificate of Appropriateness. - A certificate from the Lemont Historic Preservation
Commission authorizing plans for alterations, construction, removal or demolition of a
landmark or site within a designated historic district.
6. Commission - Lemont Historic Preservation Commission.
7. Commissioners - Voting members of the Lemont Historic Preservation Commission.
8. 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.
9. Board - The Village Board of the Village of Lemont.
10. Demolition - Any act or process that destroys in part or in whole a landmark or site within
a historic district.
11. Design Guideline - A standard of appropriate activity that will preserve the historic and
architectural character of a structure or area.
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12. 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.
13. Historic District - An area designated as a "Historic District by ordinance of the Village
Board" that 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 visual character and historic significance of the district as a whole.
14. Landmark - Any building, structure or site which has been designated as a "landmark" by
ordinance of the Village Board, 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 Lemont.
15. Minor Alteration - A non - structural alteration to a building, structure or site within the
boundaries of a designated historic district, including but not limited to: addition or removal
of paint, signs, awnings, roofing materials, gutters and downspouts, or any interior
remodeling that does not affect the exterior of the building, structure or site. Exception:
replacement of windows or exterior doors.
16. Owner of Record - The person, corporation, or other legal entity listed as owner on the
records of the Cook County Recorder of Deeds.
17. 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.
18. Removal - Any relocation of a structure on its site or to another site.
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19. Repair - Any change that does not require a building permit, that is not construction,
relocation or alteration.
20. Structure - Anything constructed or erected, the use of which requires permanent or
temporary location on or in the ground, including, but not limited to: buildings, fences,
gazebos, advertising signs, bill boards, refuse enclosures, radio and television antennae,
including supporting towers, swimming pools, satellite dishes, solar panels and wind
generation.
21. Structural Change - 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.
III. HISTORIC PRESERVATION COMMISSION
A. COMPOSITION
The Lemont Historic Preservation Commission shall consist of seven (7) voting members,
residents of the Village or Township of Lemont or owners of property within the boundaries
of the Historic District, appointed by the Mayor and approved by the Village Board. In
addition to the Commissioners, the Commission may include up to four (4) non - voting
members who serve in an ex -oficio or advisory capacity.
B. QUALIFICATIONS
The membership of the Commission shall exhibit interest and expertise in the areas
of architectural history, building construction or engineering, finance, local history, historical
and architectural preservation, community organizations, or real estate.
C. TERMS
Members of the Commission shall be appointed for terms of three (3) years. Of those
members first taking office, two (2) shall be appointed for one (1) year, three (3) for two (2)
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years, and two (2) for three (3) years. No members shall serve more than two (2) successive
three -year terms. Alternate members shall be appointed to serve in the absence of or
disqualification of the regular members. Vacancies shall be filled for the unexpired term
only. Members shall serve without compensation.
D. OFFICERS
Officers shall consist of a chairman appointed by the Mayor, a vice - chairman, and
a secretary elected by the Historic Preservation Commission who shall serve a term of (1)
year and shall be eligible for re- election, but no member shall serve as the same officer for
more than two (2) consecutive years. The chairman shall preside over meetings. In the
absence of the chairman, the vice - chairman shall perform the duties of the chairman. If both
are absent, a temporary chairman shall be elected by those present.
E. MEETINGS
1. A quorum shall consist of a majority of the members. All decisions or actions of the
Historic Preservation 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 resolution of the
Commission at the beginning of each calendar year or at any time upon the call of the
chairman. There shall be a minimum of four (4) meetings per year and as necessary
to review applications for Certificates of Appropriateness.
2. No member of the Lemont Historic Preservation Commission shall vote on any
matter that may materially or apparently affect the property, income or business
interest of that member or give the appearance of that interest. No action shall be
taken by the 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
Lemont Historic Preservation Commission, as provided herein. The chairman, and
in his absence the vice - chairman, may administer oaths and compel the attendance
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of witnesses. All meetings of the Historic Preservation Commission shall be open
to the public. The Historic Preservation 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 Lemont Historic Preservation Commission and shall be a public record.
F. POWERS AND DUTIES
The Lemont Historic Preservation Commission shall have the authority
1. To adopt its own procedural regulations;
2. To conduct an ongoing survey to identify historically and architecturally significant
properties, structures and areas;
3. To investigate and recommend to the Village Board the adoption of ordinances
designating properties or structures having special historic, community, or
architectural value as "Landmarks;"
4. To investigate and recommend to the Village Board the adoption of ordinances
designating properties or structures having special historic, community or
architectural value as "Historic Districts;"
5. 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;
6. 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;
7. To advise owners of Landmarks and property or structures within Historic Districts
on physical and financial aspects of preservation, renovation, rehabilitation, and
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reuse, and on procedures for inclusion on the State or National Register of Historic
Places;
8. To inform and educate the citizens of Lemont concerning the historic and
architectural heritage of the Village by publishing appropriate maps, newsletters,
brochures, and pamphlets, and by holding programs and seminars;
9. 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 issue or deny Certificates of Appropriateness for such actions.
Applicants shall be required to submit plans, drawings, elevations, specifications and
other information as may be necessary to make decisions.
10. To develop specific guidelines for the alteration, demolition, construction, or removal
of Landmarks or property and structures within Historic Districts.
11. To review proposed zoning amendments, applications for special use permits or
variances that affect proposed or designated Landmarks and Historic Districts. Such
review shall be made prior to the date of the hearing by the Lemont Planning &
Zoning Commission.
12. To testify before all boards and commissions, including the Lemont Planning &
Zoning Commission on any matter affecting historically and architecturally
significant property and landmarks.
13. To periodically review the Lemont Zoning Ordinance and to recommend to the
Village Planning & Zoning Commission and the Village Board any amendments
appropriate for the protection and continued use of Landmarks or property and
structures within Historic Districts.
G. SURVEYS AND RESEARCH
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The Lemont Historic Preservation Commission shall undertake an ongoing survey
and research effort in the Village of Lemont to identify neighborhoods, areas, sites,
structures, and objects that have historic, community, architectural or aesthetic importance,
interest, or value. As part of the survey, the Historic Preservation Commission shall review
and evaluate any prior surveys and studies by any unit of government or private organization
and compile appropriate descriptions, facts, and photographs. The Historic Preservation
Commission shall use the results of its surveys to delineate historic districts, identify
potential landmarks, and develop design guidelines for the review of alterations, demolition
and new construction activities.
IV. LANDMARK/HISTORIC DISTRICT DESIGNATION
A. NOMINATION
Nominations shall be made to the Historic Preservation Commission on a form
provided by the Community Development Department. A reasonable filing fee may
be required in such cases. The Commission may nominate potential Landmarks or
Districts as the result of its own surveys and research. In addition, the Commission
welcomes applications from other individuals or groups for the designation of
historic structures as local Landmarks or Historic Districts.
B. CRITERIA
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. Significant value as part of the historic, heritage or cultural characteristics of
Lemont, Cook County, State of Illinois, or the United States.
2. Identification with a person or persons who significantly contributed to the
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development of Lemont;
3. Representative of the distinguishing characteristics of architecture inherently
valuable for the study of a period, type, method of construction or use of
indigenous materials, especially the Lemont limestone known as "Athens
Marble;"
4. Notable work of a master builder, designer, architect or artist whose
individual work has influenced the development of the community, county,
state or country;
5. Its unique location or singular physical characteristics that make it an
established or familiar visual feature, including presence in the skyline as
viewed from the northern entrance to Lemont;
6. Its character as a particularly fine or unique example of a utilitarian structure,
including but not limited to farmhouses or commercial structures, with a high
level of integrity or architectural significance;
7. The site has yielded, or may be likely to yield, information important in
history or prehistory.
8. A District that contains one or more Landmarks along with such other
buildings, places or areas within definable geographic boundaries which,
while not of such significance to be designated as Landmarks, nevertheless
contribute to the overall visual characteristics of the Landmark(s) located in
the district;
9. A District that establishes a sense of time and place unique to the Village of
Lemont.
10. A District that exemplifies or reflects the cultural, social, economic, political
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or architectural history of the nation, the state or the Village of Lemont.
A preliminary determination as to whether a property, structure, or area meets one or more of the
foregoing criteria shall be made within sixty (60) days of filing of a nomination with the
Commission.
C. LANDMARK/HISTORIC DISTRICT DESIGNATION PROCEDURES
The Community Development Department shall supply application forms. Completed forms
and any required fee shall be submitted to the Community Development Department and
forwarded to the Commission for their consideration. The Commission shall schedule a
public hearing within sixty (60) days after the filing of an application to the Community
Development Department.
1. Any person, group of persons or association, including, but not limited to the
Lemont Historic Preservation Commission, may request a Historic Landmark
or Historic District designation for any structure, building or site within the
boundaries of the Village of Lemont which may have historic or architectural
significance as defined by the Ordinance.
2. Notice of date, time, place and purpose of the public hearing shall be sent by
mail to owner(s) of record, lessees, and to the nominator(s) as well as to the
adjoining property owners, not less than fifteen (15) nor more than thirty (30)
days prior to the date of the hearing. A public hearing notice also shall be
published in a newspaper having general circulation in the Village of Lemont
by the secretary of the Lemont Historic Preservation Commission. The
notice shall state the location of the property and a statement summarizing
how the proposed Landmark or District meets the criteria set forth herein.
3. During the public hearing, the Commission shall review and evaluate the
application according to the criteria established by ordinance.
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E. DECISIONS
A decision shall be made within thirty (30) days following the date of the closing
of the public hearing.
1. Following the public hearing, the secretary of the Commission shall prepare
the Commission's evaluation, recommendation, and all information for
submission to the Village Board within thirty (30) days.
2. If the Commission decides that the Landmark or Historic District should be
designated, it shall do so by a majority vote of the full membership
Commission.
3. The owner(s) of record shall be notified promptly by a letter containing
information of the Commission's decision.
4. A simple majority vote by the Village Board is necessary for approval of a
landmark designation. If the Village Board approves the application for a
designation by appropriate ordinance, the Commission shall notify the
property owner by certified U.S. mail, providing a copy of the ordinance and
send notices to the Community Development Department, the Building
Department, the Village Clerk's office, and the County Recorder of Deeds.
If the Village Board denies the petition, no petitioner or applicant may apply
to the secretary of the Commission for landmark designation of the same
property for a period of one hundred eighty (180) days.
5. A simple majority vote by the Village Board is necessary for passage or an
Ordinance approving a District designation. However, at least 51% of the
individual owner(s) of record must approve, in writing, Historic District
designation before the Village Board approves such designation. If the
Village Board approves the application for a designation by appropriate
ordinance, the Commission shall [notify the property owners by U.S. mail,
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providing a copy of the ordinance and send notices to the Community
Development Department, the Building Department, the Village Clerk's
office, and the County Recorder of Deeds. If the Village Board denies the
petition, no petitioner or applicant may apply to the secretary of the
Commission for Historic District designation of the same property for a
period of one hundred eighty (180) days.
6. Buildings designated as Historic Landmarks or within Historic Districts shall
be subject to issuance of Certificates of Appropriateness.
V. CERTIFICATE OF APPROPRIATENESS
A. WHEN REQUIRED
1. A Certificate of Appropriateness shall be issued before a building permit,
moving, or demolition permit is issued for any designated historic landmark or any
building, structure or site or part thereof in the Historic District if the proposed
action will produce a change in the exterior appearance of such building or structure.
2. Minor alterations to the exterior of a structure within the Historic District.
includingbut not limited to signs, awnings, minor repairs, and painting shall be
reviewed by the Community Development Department staff. If the alteration meets
the design guidelines established by the Lemont Historic Preservation Commission,
the Community Development Department shall issue a Certificate of
Appropriateness, with copies to the Building Department and the Lemont Historic
Preservation Commission.
3. Major alterations to the exterior of a structure, new construction, requests for
demolition and any alteration to designated Landmarks within the Historic District
shall be reviewed by the Lemont Historic Preservation Commission and require a
Certificate of Appropriateness before a building permit may be issued.
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4. If the Lemont Historic Preservation Commission, upon hearing the case,
finds at the time that the application merits additional time and consideration,
then the Commission may table the application until its next regularly
scheduled meeting.
5. A Certificate of Appropriateness shall be required for alteration, construction,
removal or demolition of a proposed Landmark or structure within a District
from the date when the nomination form is presented to the Commission until
the final disposition of the request.
D. APPLICATIONS AND SUPPORTING DOCUMENTATION.
1. For a Landmark:
a. The name and address of the property owner.
b. The legal description and common street address of the property.
c. A written statement describing the property and setting forth reasons
in support of the proposed designation.
d. Documentation that the property owner has been notified or consents
to the application for designation.
e. A list of significant exterior architectural features that should be
protected.
f. An overall site plan and photographs of [all sides of ] the Landmark.
The plan may also include a front, side and rear elevation drawing.
2. For an Historic District
a. Names and addresses of the property owners.
b. Map delineating the boundaries or the area to be designated.
c. Written statement describing the area and properties within the
proposed Historic District and setting forth reasons in support of the
proposed designation.
d. List and photographs of significant exterior architectural features of
all properties in the district which should be protected.
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B. STANDARDS FOR CERTIFICATE OF APPROPRIATENESS
In making a determination whether to approve or deny an application for a
Certificate of Appropriateness, the Lemont Historic Preservation Commission and
the Community Development Department shall be guided by design guidelines as
adopted by the Commission, and the Commission shall also refer to the the Secretary
of the Interior's "Standards for Rehabilitation" as amended from time to time.
C. DESIGN GUIDELINES
The Lemont Historic Preservation Commission shall be responsible for the
preparation of design guidelines for alterations and new construction in the Historic District.
Design guidelines for applying the criteria for review of Certificates of Appropriateness shall
at a minimum, consider the following architectural criteria:
1. 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.
2. 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.
3. Relationship of Building Masses and Spaces.
The relationship of a structure within a Historic District to the open space between
it and the adjoining structures should be compatible.
4. Roof Shape.
The design of the roof, facia, and cornice should be compatible with the architectural
style and character of the landmark.
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5. Landscaping.
Landscaping should be compatible with the architectural character and appearance
of the landmark.
6. 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.
7. 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
directional expression of a landmark after alteration, construction or partial
demolition should be compatible with its original architectural style and character.
8. Architectural Details.
Architectural details should be treated so as to make the landmark compatible with
its original architectural style and character of a Landmark or Historic District.
9. New structures in a Historic District shall be compatible with the architectural styles
and design in said districts.
D. HEARING ON APPLICATION
1. Applications for a Certificate of Appropriateness shall be available from the
Community Development Department. Such applications shall be completed and
submitted to the Community Development Department which shall, if a major
alteration to the exterior of a structure, new construction, request for demolition or
any alteration to a designated Landmark, forward the application to the Lemont
Historic Preservation Commission. The Commission shall hold a public meeting for
consideration of the application within fifteen (15) days of receipt of application. A
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public notice for consideration of the application shall be made not less than seven
(7) days nor more than fifteen (15) days before hearing, in a newspaper of general
circulation published in the Village of Lemont.
2. The application shall contain the following:
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 architect 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 anyone to determine what final appearance and use of the real
estate will be.
e. Owner's name and proof of ownership.
f. Developer's name, if different than owner.
g. Architect's name.
h. A filing fee may be required.
3. If the Historic Preservation Commission finds at the time that the application
merits further consideration, then the Commission may table the application
and make its decision and recommendation at the next regularly scheduled
meeting.
E. ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS
In cases where a public meeting of the Commission is required, the Lemont Historic
Preservation Commission shall notify the applicants of its decision, in writing, within five
(5) days after the public meeting. Upon approval of the application, the Commission shall
direct the Community Development Department to issue a signed Certificate of
Appropriateness to the applicant with copies forwarded to the Building Department.
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A Certificate of Appropriateness shall apply only to plans reviewed by the
Community Development Department or the Lemont Historic Preservation Commission and
requires a valid building permit to authorize construction. The Certificate of
Appropriateness remains valid for the same period of validity as the building permit (one
year).
F. APPEALS UPON DENIAL OF A CERTIFICATE OF APPROPRIATENESS
In the event of a denial of an application for a Certificate of Appropriateness, the
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 thirty (30) days of receipt of the notification of disapproval, the applicant may
resubmit an amended application that takes into consideration the recommendations of the
Historic Preservation Commission. The application shall be considered to be withdrawn if
no written modification or request for public hearing is received. Within fifteen (15) days
of receipt of a written modification, the Commission must either issue the Certificate of
Appropriateness or hold a hearing.
G. FINDINGS ON APPEAL
The Lemont Historic Preservation 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 fifteen (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 fifteen (15) days nor more than thirty (30) days before the hearing by the
secretary of the Commission in a newspaper of general circulation published in the Village
of Lemont.
The chairperson shall conduct the hearing and the Lemont Historic Preservation
Commission and the applicant shall have the right to introduce evidence and cross - examine
witnesses. A recorded or written transcript of the hearing shall be made and kept.
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The Commission shall vote, announce its decision, make its recommendation, and
notify the Community Development Department and the applicant within five (5) days after
the conclusion of the public hearing, unless the time is extended by mutual agreement
between the Commission and the applicant.
In the event of a denial of appeal by the Lemont Historic Preservation Commission,
the applicant may appeal the decision to the Village Board, whose decision in this matter
shall be final, subject only to judicial review as provided by law.
VI. CERTIFICATE OF ECONOMIC HARDSHIP
Notwithstanding any of the provisions of the ordinance to the contrary, the Commission may
issue a Certificate of Economic Hardship to allow the performance of work for which a Certificate
of Appropriateness has been denied.
A. Applicants claiming economic hardship shall be required to apply to the Historic
Preservation Commission to determine sources of eligibility for rehabilitation
assistance. The eligibility for an availability of financial aid shall be considered by
the Commission in making its decision.
B. An applicant for a Certificate of Economic Hardship may submit any or all of the
following information in order to assist the 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 tax bills for the previous two years.
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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 this purchase, financing or ownership of
the property.
6. Any listing of the property for sale or rent, asking price 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 the 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.
C. If the 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 (3) months. During this period of delay, the
Commission shall investigate plans and make recommendations to the Village Board
to allow for a reasonably beneficial use or a reasonable economic return, or to
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otherwise preserve the subject property. Such plans and recommendations may
include, but not be limited to: a relaxation of the provisions of the ordinance, a
reduction in real property taxes, financial assistance, building code modifications
and/or changes in zoning regulations.
D. If by the end of this three (3) -month period, the 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
Commission shall issue a Certificate of Economic Hardship approving the proposed
work. If the Commission finds otherwise, it shall deny the application for a
Certificate of Economic Hardship.
VII. APPEALS
A. When a Certificate of Appropriateness is approved or denied for either a Landmark
or a structure within a Historic District, the applicant or any interested party may,
within thirty (30) days, appeal the Commission's decision to the Village Board. The
Board may receive comments on the contents of the record, but no new matter may
be considered by the Board. The Village Board may affirm the decision of the
Commission or recommend changes by a majority vote of the Board after due
consideration of the facts contained in the record submitted to the Board by the
Commission. The Board may affirm, reverse or modify the Commission's decision
by a majority vote of a quorum of the Board.
B. If the Village Board concurs with the Commission's decision not to issue a
Certificate of Economic Hardship, the secretary of the Lemont Historic Preservation
Commission shall notify the applicant and the Building Department within seven (7)
days.
VIII. NATURAL DESTRUCTION OR DEMOLITION
In the case of partial or complete natural destruction or demolition of a site within a Historic
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Preservation District or of a Landmark, the owner will be required to obtain a Certificate of
Appropriateness from the Commission prior to reconstruction. Although exact duplication of the
previous structure may not be required, the exterior design of the property shall be reviewed for
compliance with the design guidelines.
IX. FEES AND PENALTIES
The Preservation Commission may establish an appropriate system of application review fees
for the review of nominations and Certificates of Appropriateness. Any person who undertakes or
causes an alteration, construction, demolition, or removal of any nominated or designated Landmark
or property within a nominated or designated Landmark or designated Historic District without a
Certificate of Appropriateness shall be guilty of a misdemeanor and upon conviction thereof shall
be punished by a fine of not less than fifty dollars ($50) nor more than five hundred dollars ($500).
Every day such violation shall continue to exist shall constitute a separate violation. The Lemont
Historic Preservation Commission may institute any appropriate action or proceeding in the name
of the Village of Lemont to enjoin, correct or abate any violation of this ordinance.
X. PUBLICATION
A full, true and complete copy of this ordinance shall be published once within thrity (30)
days after adpotion in pamphlet form by authority of the Village Board.
XI. EFFECTIVE DATE
All ordinances, resolutions and orders, or parts thereof, in conflict herewith, be and the same
are hereby repealed and this ordinance be in full force and effect immediately and forthwith upon
its adoption, approval and publication as provided by law, except that Certificates of Appropriateness
shall not be required nor issued by the Historic Preservation Commission, as described in Section
V.A., until the Village Board has adopted Design Guidelines recommended by the Commission, as
described in Section V.B.
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888
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COUNTIES OF COOK, DU PAGE AND WILL, ILLINOIS,
on this (�4) day of rd., cw. , 2001.
AYES NAYS PASSED ABSENT
John Benik
Debby Blatzer
Keith Latz
Connie Markiewicz
Rick Rimbo
Mary Studebaker
v
RLENE SMOLLEN, Village Clerk
Approved by me this i d'�"' day of
r , 2001.
LARD AS 'ES �irage President
CHARLENE SMOLLE , Village Clerk
pproved as to form:
John • •nopoulos, Village Attorney
is aco /
Date:
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