Naperville's historic architecture and the character of its historic neighborhoods contribute to the community's well-being and development. The purpose of this Chapter is to protect these valuable resources by:

1.

Fostering civic pride through public education and enhanced awareness of Naperville's rich history as embodied in its architecture and neighborhoods.

2.

Preserving Naperville's heritage by proactively providing tools and oversight to identify and protect landmarks and historic districts.

3.

Protecting neighborhood character by providing that rehabilitations, renovations and new improvements in an historic district are compatible in terms of scale, style, exterior features, building placement and site access.

4.

Supporting property owners and property values for designated historic districts or landmarks by providing that repair, rehabilitations and renovations shall be compatible with the historic, architectural and aesthetic character of the historic districts and landmarks.

(Ord. No. 11-034, § 5, 3-1-2011)

The following definitions of word use shall apply:

1.

Effect of Landmarking: Upon an improvement being landmarked under the provisions of this Chapter, only that portion of the exterior of the improvement that is visible from the right-of-way shall be subject to compliance with Section 6-11-6 (Certificate of Appropriateness). Therefore, a certificate of appropriateness will be required prior to any alteration, construction, demolition, or material change of the exterior of the landmarked improvement which is visible from the right-of-way. All other exterior components and the interior of a landmarked structure are not subject to compliance with Section 6-11-6.

2.

Notice of Intent to Submit a Landmark Application: Any person or entity, including the property owner of record and the Historic Preservation Commission, but not including members of the City Council, may notice of intent to submit a landmark application (notice of Intent) to the owner of record of an improvement located within the corporate limits of the City of Naperville.

The notice of intent shall confirm that the improvement in question is at least fifty (50) years old, include a brief description of the improvement requested to be landmarked, and identify which of the criteria for designation of landmarks set forth in Subsection 6-11-3:5 hereof form the basis for the desire to Landmark the improvement.

Said notice of intent, along with a copy of Section 6-11-3 (Designation of Landmarks) of the Naperville Municipal Code then in effect, shall be delivered to the owner by the applicant by: (i) personal delivery; (ii) certified mail/receipt requested; and/or (iii) by overnight mail by a nationally recognized delivery service.

2.1.

Within fourteen (14) calendar days of receipt of a notice of intent to landmark, the owner of the property on which the improvement sought to be landmarked is located shall provide a written response to the applicant indicating either a consent to the request to landmark (owner consent) or a refusal of the request to landmark (denial of owner consent). If the owner fails to respond to the notice of intent to designate a landmark within said timeframe, it shall be presumed that the owner consent has been denied.

2.2.

If owner consent to the request to designate an improvement as a landmark is given, then the procedures set forth in Subsection 6-11-3:4 hereof shall be followed.

3.

Request to Submit a Landmark Application Without Owner Consent: Owner consent to landmark an improvement shall be required unless the City Council approves a request to submit a landmark application without owner consent in accordance with the following provisions:

3.1.

If owner consent to a notice of intent to designate a landmark has been denied, the applicant may send a request to submit a landmark application without owner consent to the individual members of the City Council, to the City Zoning Administrator, and to the owner of the improvement in question, seeking approval of said request. Notice of the request shall be sent by email to each member of the City Council and to the City Zoning Administrator at their City email addresses, and by personal delivery or overnight mail by a nationally recognized delivery service to the owner of the improvement.

The request to submit a landmark application without owner consent shall include the notice of intent and must be submitted within fourteen (14) calendar days of the owner's denial of the request (either by owner's affirmative written denial or by a default denial due to owner's failure to respond).

3.2.

Under new business at either the first or second regular City Council meeting which is held following receipt of a request to a submit landmark application without owner consent, one or more City Council members may request that a motion to consider said request be added as an agenda item at a future City Council meeting. If this request is supported by at least three (3) City Council members, the matter shall be included as an agenda item at a future City Council meeting subject to compliance with the notice provisions provided in Subsection 6-11-3:3.2.1 herein. If the request is not raised by one or more City Council members under new business at either the first or second regular City Council meeting that is held following receipt of the request by the Zoning Administrator, or if the request is timely raised but fails to receive the support of at least three (3) City Council members under new business, the request shall be considered denied.

3.2.1.

At least fifteen (15) days prior to the City Council meeting at which the request to submit a landmark application without owner consent will be on the City Council agenda, City staff shall send notice by certified mail/receipt requested, or by overnight mail by a nationally recognized delivery service, to the applicant and the owner of the improvement sought to be landmarked. Said notice shall include the request and the date of the City Council meeting at which the matter will be scheduled.

At the City Council meeting at which the request is scheduled, or any continuance thereof, the City Council will consider any information provided in the request and any response, comments, or materials provided by the Owner of the improvement, the applicant, and members of the public for the limited purpose of determining whether a hearing on a landmark application is warranted without owner consent given the totality of the circumstances.

3.2.2.

The positive vote of at least five (5) City Council members shall be required to approve applicant's request to submit a landmark application without owner consent. A positive vote shall allow for submission of a full landmark application under the provisions set forth in Subsection 6-11-3:4 of this Chapter. Such positive vote shall not be considered a finding that landmarking is warranted for the improvement in question.

3.2.2.1. City Council approval of a request to submit a landmark application without owner consent shall be valid for forty-five (45) calendar days after such approval is granted.

3.3.

A denial of a request to submit a landmark application without owner consent shall be deemed final if: (i) a request is not brought up under new business at either the first or second City Council meeting following receipt of the request or if the request is timely raised but fails to receive the support of at least three (3) City Council members under new business as set forth in Subsection 6-11-3:3.2 above; (ii) if five (5) members of the City Council do not vote in favor of the request as set forth in Subsection 6-11-3:3.2.2 above; or (iii) if the landmark application is not submitted to the City within forty-five (45) days of City Council approval of the request as set forth in Subsection 6-11-3:3.2.2 above.

3.4.

No alteration or demolition of the improvement for which a request to submit a landmark application without owner consent has been received by the City shall occur until a denial of the Request is final.

3.5.

No additional requests to submit a landmark application without owner consent shall be made as to the same improvement within a three (3) year period from the date of a final denial as set forth in Subsection 6-11-3:3.3.

3.6.

An applicant may, at any time, submit a written withdrawal of its request to submit a landmark application without owner consent. Notice of withdrawal of the request shall be given individually to the owner in the same manner as described in Subsection 6-11-3:3.1 above, to each City Council member, and to the City Zoning Administrator. Upon receipt of such withdrawal by the Zoning Administrator, the matter shall be deemed closed and no further action shall be required on the part of the applicant, the City, or the owner.

4.

Landmark Application Procedures: A landmark application shall be filed with the Zoning Administrator, who shall promptly review the application to determine whether it is complete. A landmark application shall be in writing and shall include the following:

[4.1.]

If the applicant is not the owner, either: (i) a copy of the owner consent; or (ii) a copy of the minutes of the City Council meeting at which the City Council approved a request to submit a landmark application without owner consent which must reflect that the application is being filed within forty-five (45) days of the date of that meeting.

[4.2.]

Contact information of the persons or entities seeking the landmark designation (applicant) including their names, addresses, telephone numbers, email addresses and designating of one person to serve as the primary point of contact.

[4.3.]

The legal description and common address of the improvement in question.

[4.4.]

The name and address of the current owner of the improvement in question.

4.5.

A written report containing: a) a description of the real property on which the improvement south to be landmarked is located; b) an analysis of the historic, architectural and aesthetic value of the proposed landmark in relation to the criteria set forth in Subsection 6-11-3:5 under standards for designation of landmark; c) a list of significant exterior architectural features of the property; and d) other reasons and data in support of the proposed designation.

4.6.

A plat of survey of the property if available and dated photographs of the improvement in question.

4.7.

Any other information that the applicant deems relevant.

4.8.

Such other information as the Historic Preservation Commission may request or prescribe from time to time.

4.9.

Non-Owner Applicant: If the owner has not consented to the landmark application but the City Council has determined that the landmark application should be forwarded to the Historic Preservation Commission for consideration without owner consent, the Zoning Administrator shall transmit a copy of the completed landmark application to the property owner by certified mail/receipt requested, or by overnight mail by a nationally recognized delivery service.

Within sixty (60) calendar days thereafter, the owner of the improvement to which the landmark application applies may submit a written response to any analysis or evidence presented in the landmark application the Zoning Administrator. The Zoning Administrator shall forward a copy of the owner's response to the applicant.

Upon written request of the owner, the Zoning Administrator may grant an extension of the sixty (60) day time limit to submit a written response for up to an additional thirty (30) days.

4.10.

The Zoning Administrator shall transmit copies of the completed landmark application and all documentation pertaining to the landmark application, including the owner's response if the owner is not the applicant, to the Historic Preservation Commission.

Except as provided herein, an application for landmark designation shall be valid for a period of one hundred fifty (150) calendar days from the date on which the completed application is transmitted by the Zoning Administrator to the Commission. Any application for landmark designation which is not granted or denied under the provisions of this Section within said one hundred fifty (150) calendar day period shall automatically lapse and become null and void without further action by the City, except that the application may be extended for a period up to sixty (60) calendar days upon the written request of the applicant or owner prior to the expiration date. If the applicant is not the property owner, a request for an extension of time shall require written documentation signed by the owner indicating consent to such extension.

4.11.

Within thirty (30) days after the completed landmark application has been transmitted to the Commission, the Commission shall commence a meeting to consider the Landmark Application.

4.12.

Required Notices for a Landmark Application Proceeding with Owner Consent: A voluntary landmark application which has owner consent shall not require a public hearing before the Historic Preservation Commission. Said application shall be reviewed by the Historic Preservation Commission through a regular business meeting. The following notice requirements shall be provided for such application:

4.12.1.

Sign: The applicant shall post notice of the public meeting on a sign on the property being considered for designation as a landmark or at an alternate location approved by the Zoning Administrator, for a continuous period of not more than thirty (30) calendar days and not less than fifteen (15) calendar days in advance of the Historic Preservation meeting. Such sign shall:

4.12.1.1. Be a minimum size of three feet by four feet (3' × 4').

4.12.1.2. Include a title (i.e., "Notice of Public Meeting"); the case number assigned to the application; the place, the purpose, and the date and time of the public meeting; and the address and phone number of the City department where additional information may be obtained.

4.12.1.3. Include red lettering a minimum of four inches (4") high in the title, and black lettering a minimum of two inches (2") high for all other text on a white background.

4.12.1.4. The applicant shall remove the sign upon which the notice is posted within seven (7) days following the conclusion of the public meeting before the Historic Preservation Commission. Failure to remove the sign within said timeframe as provided herein may result in the imposition of a fine not to exceed fifty dollars ($50.00) per day.

4.13.

Required Notices for a Landmark Application Proceeding Without Owner Consent: A landmark application for which the City Council has approved a motion to allow the landmark application to proceed without owner consent shall require a public hearing before the Historic Preservation Commission. The following notices shall be provided for such application:

4.13.1.

Written Notice To The Property Owner: The applicant shall give written notice of the public hearing to the owner of record of the property to which the landmark application applies as shown on the record of the applicable township assessor's office. The written notice shall be delivered by first class U.S. Postal mail, properly addressed and with sufficient prepaid postage affixed thereon, not more than thirty (30) calendar days nor less than fifteen (15) calendar days in advance of the public hearing.

4.13.2.

Publication: Notice of the public hearing shall be published by the City at least once in a newspaper of general circulation in the City, no more than thirty (30) calendar days nor less than fifteen (15) calendar days in advance of the public hearing. The cost of publication shall be paid for by the applicant.

4.13.3.

Sign: The applicant shall post notice of the public hearing on a sign on the property being considered for designation as a landmark or at an alternate location approved by the Zoning Administrator, for a continuous period of not more than thirty (30) days and not less than fifteen (15) calendar days in advance of the public hearing. Such sign shall:

4.13.3.1. Be a minimum size of three feet by four feet (3' × 4').

4.13.3.2. Include a title (i.e., "Notice of Public Hearing"); the case number assigned to the application; the place, the purpose, and the date and time of the public hearing; and the address and phone number of the City department where additional information may be obtained.

4.13.3.3. Include red lettering a minimum of four inches (4") high in the title, and black lettering a minimum of two inches (2") high for all other text on a white background.

The applicant shall remove the sign upon which the notice is posted within seven (7) days following the conclusion of the public hearing before the Historic Preservation Commission. Failure to remove the sign within said timeframe as provided herein may result in the imposition of a fine not to exceed fifty dollars ($50.00) per day.

4.13.4.

Written Notice To Surrounding Property Owners: The applicant shall give written notice of the public hearing to the property owners of record of all tax parcels, whether tax exempt or not, lying within three hundred (300) feet, inclusive of public right-of-way, of the property lines of the property on which the improvement proposed for landmark designation is located as shown on the record of the applicable Township Assessor's Office. Such written notices shall be properly addressed, delivered personally or sent by first class U.S. Postal mail, with sufficient prepaid postage affixed not more than thirty (30) calendar days nor less than fifteen (15) calendar days in advance of the public hearing.

4.13.4.1. All written notices shall contain the following information: the case number assigned to the application, the name and address of the applicant and property owner, the common address or location of the property on which the improvement sought to be designated as a landmark is located, location, date and time of the public hearing before the Historic Preservation Commission, a description of the nature and purpose of the public hearing, and the office address and telephone number of the City department where information concerning the application may be obtained.

4.13.5.

Prior to commencement of the public hearing to consider the application, the applicant shall file a sworn affidavit, including a copy of the notices, with the City Clerk showing the names and addresses to which the written notices were sent or delivered. Said affidavit shall create a presumption that the notices have been properly given.

4.14.

The public meeting or public hearing, as appropriate, shall be conducted by the Historic Preservation Commission and minutes of such proceedings shall be made and maintained by the City of Naperville in accordance with the provisions of the Illinois Open Meetings Act.

4.15.

The Commission shall conclude the public meeting or public hearing, as applicable, on the landmark application, and issue findings of fact and a recommendation to grant or deny the application, within sixty (60) calendar days after the completed landmark application has been transmitted to the Commission. It shall be within the discretion of the Commission to recommend denial of a landmark application even if the criteria set forth in Subsection 6-11-3:5 are met. The Commission's findings of fact shall include the following:

4.15.1.

Findings of fact related to the criteria set forth in Subsection 6-11-3:5;

4.15.2.

A statement indicating whether the owner of the proposed landmark has responded to the application and the nature of the response;

4.15.3.

A description of evidence received by the Commission relative to the proposed landmark designation pursuant to Subsections 6-11-3:4.1—4.9; and

4.15.4.

Any other facts that the Commission finds relevant.

4.16.

The landmark application, together with the Commission's findings of fact and recommendation, shall be forwarded to the City Council within thirty (30) calendar days following issuance of the findings of facts and recommendation.

4.17.

The City Council shall grant or deny the landmark application using the criteria set forth in Subsection 6-11-3:5 or on such other bases as it deems appropriate, prior to the expiration date of the landmark application as provided in Subsection 6-11-3:4.10 or within an extended timeframe approved by the City Council for up to an additional thirty (30) calendar days.

If the City Council passes an ordinance approving the landmark application, a copy of said ordinance shall be sent by the City Clerk to the applicant, the owner of the improvement in question, and the applicable Township Assessor's Office, and shall be recorded with the appropriate County Recorder.

4.18.

From the date that a complete landmark application is filed to the date that the landmark application is granted, denied or expires, whichever comes first, no exterior architectural feature of the proposed landmark may undergo alteration, construction, or demolition if such alteration, construction, or demolition would be subject to the issuance of a certificate of appropriateness pursuant to the provisions of Section 6-11-6 after designation. Nothing in this paragraph shall prohibit any work that would not be subject to the issuance of a certificate of appropriateness or any work that is necessary to prevent or correct an imminently dangerous or hazardous condition as described in Subsection 6-11-10:1.

4.19.

Landmarks shall be designated by ordinance.

4.20.

In the event that a landmark application is denied by the City Council or does not proceed for any reason, no landmark application of the same improvement shall be made within three (3) years of the date of final action on or expiration of the original landmark application, unless the owner consents to such landmark application and designation.

5.

Criteria For Designation Of Landmarks: An application for landmark designation may be granted based on the findings that the improvement proposed to be designated as a landmark meets the following criteria:

5.1.

That it is over fifty (50) years old, in whole or in part; and

5.2.

That one or more of the following conditions exist:

5.1.1.

That it was owned or occupied by a person of historic significance in national, State or local history;

5.1.2.

That it has a direct connection to an important event in national, State or local history;

5.1.3.

That it embodies the distinguishing characteristics of an architectural period, style, method of construction, or use of indigenous materials;

5.1.4.

That it represents the notable work of a builder, designer or architect whose individual work has substantially influenced the development of the community; or

5.1.5.

That it is included in the National Register of Historic Places.

(Ord. No. 11-034, § 5, 3-1-2011; Ord. No. 13-129, § 6, 11-5-2013; Ord. No. 19-086, § 2, 6-18-2019; Ord. No. 23-005, § 2, 1-17-2023)

1.

Procedure:

1.1.

Any person or entity, including the Historic Preservation Commission, may submit an application requesting an historic district designation for any defined geographic area within the corporate limits of the City as prescribed herein. The application shall be supported by a petition as further provided herein.

1.2.

For the purpose of this Section 6-11-4, the number of owners within a defined geographic area proposed for an historic district designation shall be determined on the basis of the total number of tax parcels within the area proposed for designation. The number of tax parcels owned, rather than the identity of the owner, shall prevail, so that, for example, one (1) person who owns two (2) separate tax parcels shall be counted as two (2) "owners".

1.3.

An application seeking an historic district designation shall be in writing and shall include the following:

1.3.1.

Contact information of the persons or entities seeking the historic district designation (applicant) including names, addresses, telephone numbers, email addresses and designation of one (1) person to serve as the primary point of contact.

1.3.2.

A map delineating the boundaries of the area proposed for designation including the common addresses and PIN numbers of all parcels located within and a legal description of the proposed area.

1.3.3.

A petition, in a form provided by the City, supporting the proposed historic district designation signed by no less than ten percent (10%) of the current owners of real property within the area to be considered for designation. The petition shall identify the addresses and PIN numbers of the tax parcels located within the area proposed for designation that are owned by the persons who signed the petition.

1.3.4.

An affidavit signed by the applicant certifying that at least ten percent (10%) of the property owners consent to the application for designation.

1.3.5.

The name and address of the current owner of each parcel located within the proposed area.

1.3.6.

An affidavit signed by the applicant certifying that notice of the application for designation of the area in question has been sent to the current owners of record of all parcels within the proposed area by first class U.S. Postal mail.

1.3.7.

A written report containing: a) a description of the character of the area and properties contained therein; b) an analysis of the historic, architectural and aesthetic value of the proposed area in response to the criteria set forth in Section 6-11-4:2 under standards for designation of historic districts; c) a list of significant structures, sites or Improvements and significant exterior architectural features of each; and d) other reasons in support of the proposed designation.

1.3.8.

Dated photographs of all structures, sites or Improvements within the designated area, including current information as to age, condition, style, and use of each.

1.3.9.

Any other information that the applicant deems relevant.

1.3.10.

Such other information as the Historic Preservation Commission may request or prescribe from time to time.

1.4.

The application for an historic district shall be filed with the Zoning Administrator, who shall promptly review the application to determine whether it is complete. After the application is deemed complete, the Zoning Administrator shall transmit copies of the application and any documentation pertaining to the application to the Commission.

Except as provided herein, an application for historic district designation shall be valid for a period of one hundred fifty (150) days from the date on which the completed application is transmitted by the Zoning Administrator to the Commission. Any application for historic district designation which is not granted or denied under the provisions of this Section within said one hundred fifty (150) day period, shall automatically lapse and become null and void without further action by the City, except that the application may be extended for a period up to sixty (60) days upon the written request of the applicant prior to the expiration date. A request for an extension of time shall require written documentation signed by at least ten percent (10%) of all owners within the proposed area to be designated indicating consent to such extension. An affidavit signed by the applicant certifying that at least ten percent (10%) of the property owners consent to the extension shall be submitted along with the written request.

1.5.

Upon receipt of the completed application for historic district designation and any documentation pertaining to the application, the Commission may request additional information as necessary to form findings and recommendations to the City Council. Such information shall be promptly provided.

1.6.

Within thirty (30) days after the completed application for designation of an historic district has been transmitted to the Commission, the Commission shall commence a public hearing on the application.

1.7.

Required Notices:

1.7.1.

Written Notice To The Property Owners: The applicant shall give written notice of the public hearing to the current owner(s) of record of all tax parcels located within the area proposed to be designated as an historic district as shown on the record of the applicable township assessor's office. The written notice shall be delivered by first class U.S. Postal mail, properly addressed and with sufficient prepaid postage affixed thereon, not more than thirty (30) days nor less than fifteen (15) days in advance of the public hearing.

1.7.2.

Publication: Notice of the public hearing shall be published by the City at least once in a newspaper of general circulation in the City, no more than thirty (30) days nor less than fifteen (15) days in advance of the public hearing. The cost of publication shall be paid for by the applicant.

1.7.3.

Written Notice To Surrounding Property Owners: The applicant shall also give written notice of the public hearing to the property owners of record of all tax parcels, whether tax exempt or not, lying within three hundred (300) feet, inclusive of public right-of-way, of the proposed boundaries of the area to be proposed for historic district designation as shown on the record of the applicable Township Assessor's Office. Such written notices shall be properly addressed, delivered personally or sent by U.S. Postal mail, with sufficient prepaid postage affixed thereon not more than thirty (30) days nor less than fifteen (15) days in advance of the public hearing.

1.7.4.

All written notices shall contain the following information: the case number assigned to the application, the name and address of the applicant, a map delineating the boundaries of the area in question, the common addresses and PIN numbers of all tax parcels located within the proposed area, location, date and time of the public hearing before the Historic Preservation Commission, a description of the nature and purpose of the public hearing, and the office address and telephone number of the City department where information concerning the application may be obtained.

Prior to commencement of the public hearing to consider the application, the applicant shall file a sworn affidavit, including a copy of the notices, with the Zoning Administrator showing the names and addresses to which the written notices were sent or delivered. Said affidavit shall create a presumption that the notices have been properly given.

1.7.5.

Prior to commencement of the public hearing to consider the application, the applicant shall file a sworn affidavit, including a copy of the notices, with the Zoning Administrator showing the names and addresses to which the written notices were sent or delivered. Said affidavit shall create a presumption that the notices have been properly given.

1.8.

The public hearing shall be conducted by the Historic Preservation Commission and minutes of such proceedings shall be made and maintained by the City of Naperville in accordance with the provisions of the Illinois Open Meetings Act.

1.9.

The Commission shall conclude the public hearing on the application for historic district designation, and issue findings of fact and a recommendation to grant or deny the application, within sixty (60) days after the completed application for designation of an historic district has been transmitted to the Commission. The Commission shall have the discretion to recommend denial for an application for designation of an historic district even if the criteria set forth in Section 6-11-4:2 are met. The Commission's findings of fact shall include the following:

1.9.1.

Findings of fact related to the standards set forth in Section 6-11-4:2;

1.9.2.

A description of the evidence received by the Commission relative to the percentages of the owners within the area to be considered for historic district designation who consent or oppose designation of an historic district, pursuant to Section 6-11-4:1.2.2 and 6-11-4:3; and

1.9.3.

Any other facts that the Commission finds relevant.

1.10.

The application for historic district designation, together with the Commission's findings of fact and recommendation, shall be forwarded to the City Council within thirty (30) days following issuance of the findings of fact and recommendation.

1.11.

The Commission may recommend, or the Council may decide, without requiring further application, notice or hearing, that the area to be designated an historic district be smaller than the area proposed in the application, provided that such smaller district be located entirely within the area originally proposed.

1.12.

The City Council shall grant or deny the application for designation of an historic district using the criteria set forth in Section 6-11-4:2 or on such other bases as it deems appropriate, prior to the expiration date of the application as provided in Section 6-11-4:1.4 or within an extended timeframe approved by the City Council for up to an additional thirty (30) days.

If the City Council passes an ordinance approving the application for historic district designation, a copy of said ordinance shall be sent by the City Clerk to the applicant, the owner of all tax parcels located within the historic district, and the applicable Township Assessor's Office, and shall be recorded with the appropriate County Recorder.

1.13.

From the date that a complete application for historic district designation is filed to the date that the application is granted, denied or expires, whichever comes first, no exterior architectural feature of any improvement which is located in the proposed historic district may undergo alteration, construction, or demolition if such alteration, construction, or demolition would be subject to the issuance of a certificate of appropriateness pursuant to the provisions of Section 6-11-6 after designation. Nothing in this paragraph shall prohibit any work that would not be subject to the issuance of a certificate of appropriateness, or any work that is necessary to prevent or correct an imminently dangerous or hazardous condition as described in Section 6-11-10:1.

1.14.

Historic districts shall be designated by ordinance.

1.15.

In the event that an application for designation of an historic district is denied by the City Council, or does not proceed for any reason, no application for designation of an historic district including any portion of the same area shall be made within one (1) year of the date of final action on or expiration of the original application, unless one hundred percent (100%) of owners within the proposed historic district consent to such renewed application and designation. An affidavit signed by the applicant certifying that one hundred percent (100%) of the property owners consent to the extension shall be submitted along with the application.

2.

Standards For Designation Of Historic Districts: An application for historic district designation may be granted based on the findings that the area proposed to be designated as an historic district meets the following requirements:

2.1.

No less than fifty-one percent (51%) of the parcels within the proposed area contain principal structures that are over fifty (50) years old, in whole or in part; and

2.2.

That one or more of the following conditions exists:

2.2.1.

That the proposed district has a sense of cohesiveness expressed through a similarity or evolution of architectural style, time period, method of construction, or use of indigenous materials that reflects a significant aspect of the architectural heritage of the City;

2.2.2.

That some architectural or land use characteristics are prevalent within the proposed district in a manner which distinguish it from the rest of the City and which is relevant to the historical development of the City; or

2.2.3.

That the proposed district is included in the National Register of Historic Places.

3.

Owners' Consent: During the period beginning with the filing of an application for designation of an historic district and ending with the final action of the City Council granting or denying said application or the expiration of the application, whichever comes first, any person, group of persons or association may present to the Historic Preservation Commission or the City Council with a petition supporting or opposing the proposed designation of an historic district. The Commission shall not recommend, nor the City Council grant, a designation of an historic district if a petition is presented in opposition to the proposed designation that contains signatures of fifty-one percent (51%) or more of the owners of real property within the area to be considered for designation as an historic district, accompanied by an affidavit certifying the same.

(Ord. No. 11-034, § 5, 3-1-2011; Ord. No. 13-129, § 6, 11-5-2013; Ord. No. 19-086, § 2, 6-18-2019)

1.

Zoning Classifications And Permitted Uses: All landmarks and historic districts shall also be classified in one or more of the zoning districts established by Chapters 6 through 8 of this Title.

For any landmark or any historic district, all the regulations of the underlying zoning district shall apply, except insofar as such regulations are in conflict with any special regulations applicable to a landmark or historic district, and in the event of a conflict, the regulations governing the landmark or historic district shall apply. All permitted uses or conditional uses otherwise allowable in the underlying zoning district shall continue to be the appropriate allowable uses.

2.

Relationship To Planning And Zoning Commission: The Historic Preservation Commission may, at the request of the Planning and Zoning Commission or on its own initiative, prepare a written report to, and, in addition, may testify at any public hearing conducted by the Planning and Zoning Commission with respect to any matter being considered by the Planning and Zoning Commission which may affect any improvement designated as a landmark or located within an historic district.

3.

Conditional Uses, Rezonings, and Variances For any conditional use, rezoning, or variance request that requires review by the Historic Preservation Commission, the Commission shall review said request to determine the effect, if any, that the proposal would have on the historic character of the landmark or historic district. Said review shall be completed by the Historic Preservation Commission within thirty (30) days after receipt of the applicable application, unless otherwise extended by the Zoning Administrator. The recommendation of the Historic Preservation Commission shall be forwarded to the Planning and Zoning Commission for its consideration.

3.1.

Conditional Uses and Rezonings: A copy of any application for a conditional use or rezoning for property located within a designated historic district or local landmark shall be reviewed by the Historic Preservation Commission and referred to the Planning and Zoning Commission for review and recommendation to the City Council.

3.2.

Variances: A copy of an application for a variance for property located within a designated historic district or for a local landmark shall be reviewed by the Historic Preservation Commission and referred to the Planning and Zoning Commission for review and recommendation to the City Council if the improvement, which is the subject of the variance request, would require a certificate of appropriateness in accordance with Section 6-11-8:2 (Certificate of Appropriateness Required: Subject to Historic Preservation Commission Approval). A variance application for a request that does not require a certificate of appropriateness, in accordance with Section 6-11-7 hereof, or for which said certificate of appropriateness can be administratively approved in accordance with Section 6-11-8:1, is exempt from review by the Historic Preservation Commission.

(Ord. No. 11-034, § 5, 3-1-2011; Ord. No. 19-086, § 2, 6-18-2019)

Property owners who seek to alter, construct, demolish or make a material change to landmark properties, or to properties located within an historic district, shall be required to obtain a certificate of appropriateness as provided herein. Nothing contained in this Chapter shall exempt any property owner from compliance with all other applicable requirements of the Naperville Municipal Code including, but not limited to, the building regulations and permit requirements as set forth in Title 5 and the zoning regulations as set forth in Title 6. A certificate of appropriateness may be required regardless of whether building or other permits are required under the current code.

(Ord. No. 11-034, § 5, 3-1-2011)

A certificate of appropriateness is not required for the following:

1.

Secondary Or Rear Facade: Any work (e.g., addition, demolition, alteration or change in material) performed on the secondary or rear facade of the principal building or structure if such work will result in no change to the exterior architectural appearance of the building or structure as visible from a public street measured by a line of sight perpendicular to the primary facade(s). A public street shall not include alleys.

2.

Exterior Building Materials: In-kind replacement of less than fifty percent (50%) of the primary facade(s) with use of original materials or fiber cement board in place of wood.

3.

Detached Garages: New detached garages or changes to existing detached garages.

4.

Rear Yard Improvements: Any accessory building or structure (e.g., shed, rear deck or porch, patio, and trellis) located behind the principal building or structure.

5.

Driveways: New or relocated driveway access from the alley or the corner side street (i.e. a street adjacent to the corner side yard of a lot); or relocation of the existing driveway access from the front street (i.e. a street adjacent to the front yard of a lot).

6.

Fences: Wood or iron open fences as defined in Section 6-1-6, which abut or are nearest to a front yard or a corner side yard and are visible from a public street; or fences of any type that abut or are nearest to an interior side yard or a rear yard. Public streets do not include alleys.

7.

Reversible Appurtenances: Air conditioning units, gutters, downspouts, antennas, satellite dishes, and mail boxes.

8.

Painting.

9.

Landscaping.

10.

Signs and graphics.

11.

Storm windows and doors.

(Ord. No. 11-034, § 5, 3-1-2011)

A certificate of appropriateness may be approved administratively or by the Historic Preservation Commission as follows:

1.

Certificate Of Appropriateness Subject To Administrative Approval: Minor work shall require a certificate of appropriateness subject to review and approval by the Zoning Administrator in accordance with Section 6-11-8:4.3 prior to commencement of such work. Minor work shall include the following work performed on the primary facades(s) of the principal building or structure, or driveways, or where projection of the work would be visible from a public street measured by a line of sight perpendicular to the primary facade(s). A public street shall not include alleys:

1.1.

Doors: In-kind replacement with use of wood or original material.

Windows: In-kind replacement with use of wood or aluminum clad wood.

1.2.

Roofs: In-kind replacement with use of asphalt or original material.

1.3.

Exterior Building Materials: In-kind replacement of fifty percent (50%) or more of the primary facade(s) with use of original material or fiber cement board in place of wood.

1.4.

Porches: In-kind replacement in whole or replacement of porch columns with use of wood, plaster or cement materials; porch flooring with use of wood or composite decking materials; or other porch components with use of wood or original material.

1.5.

Shutters And Awnings: In-kind replacement with use of original material.

1.6.

Reconstruction Of Principal Structures: The primary facade(s) of any exact duplication of the original structure with use of materials referenced in this Section 6-11-8.1.

1.7.

Additions: Any addition to the rear or side of the building that can be seen from the street but is set back, such that, it has no impact on the exterior architectural appearance of the primary facade as visible from the public street as determined by the Zoning Administrator.

2.

Certificate Of Appropriateness Subject To Historic Preservation Commission Approval: Major work shall require a certificate of appropriateness subject to the review and approval by the Historic Preservation Commission in accordance with Section 6-11-8:4.4 before such work may commence. Major work shall include the following work performed on the primary facade(s) of the principal building or structure, fences, driveways or attached garages, or where projection of the work would be visible from a public street measured by a line of sight perpendicular to the primary facade(s). A public street shall not include alleys:

2.1.

Doors: Any work that will result in a new opening, a change in style or opening, or use of material that is not wood or original material.

2.2.

Windows: Any work that will result in a new opening, a change in style or opening or use of material other than wood or aluminum clad wood.

2.3.

Roofs: Any work that will result in a change in height or pitch; or use of material other than asphalt or original material.

2.4.

Exterior Building Materials: Any work that would result in a change in reveal or profile; or use of material that is not specified under Section 6-11-8:1.1.3.

2.5.

Porches: Any work that would result in new enclosure, a change in size or style, or use of material that is not listed under Section 6-11-8:1:1.1.4.

2.6.

Shutters And Awnings: Any work that will result in new shutters or awnings, a change in size or style, or use of material that is not original to the structure.

2.7.

Other Original Architectural Features Contributing To The Style Of The Principal Building Or Structure: Any work that will result in a change in size or style; or use of material that is not original.

2.8.

New Principal Structures: The primary facade(s) of any new principal structure.

2.9.

Modifications To Principal Structures: The primary facade(s) of any reconstruction of a principal structure that will not match the original improvement or result in use of material not listed under Section 6-11-8.1.

2.10.

Additions: Primary facade(s) of the addition when said addition has an impact on the exterior architectural appearance of the primary facade of the principal building or structure as determined by the Zoning Administrator.

2.11.

Demolition: Demolition of a principal structure in whole; removal without replacement of original architectural features contributing to the style of the principal building or structure except otherwise provided herein.

2.12.

Driveways: New driveway access from the front street (i.e. a street adjacent to the front yard of a lot).

2.13.

Fences: Open fences (as defined in Section 6-1-6) comprised of material other than wood or iron or solid fences of any material that abut or are nearest to a front yard or a corner side yard and are visible from a public street. Public streets do not include alleys.

2.14.

Attached Garages: New attached garages. Existing attached garages shall be regarded as part of the principal building or structure, subject to Section 6-11-8:1 and Section 6-11-8:2 of this Code.

2.15.

Solar panels and skylights on principal structures.

3.

The Zoning Administrator shall review any work not listed in Sections 6-11-7, 6-11-8:1 and 6-11-8:2 to determine whether a certificate of appropriateness shall be required and whether it may be administratively reviewed. An appeal of the Zoning Administrator's decision shall be made in accordance with the procedure prescribed in Section 6-3-6:1 of this Code.

4.

Procedures For Issuance Of A Certificate Of Appropriateness ("COA"):

4.1.

An application for a certificate of appropriateness, when one is required, shall be in writing on a form provided by the Zoning Administrator, shall include the information set forth in Subsections 4.1.1 and 4.1.2 below (as applicable), and shall be filed with the Zoning Administrator. If the applicant is not the owner of the property in question, the application shall be signed by both the applicant and the property owner. The Zoning Administrator shall promptly review the application to determine completeness and to determine whether the proposed work is minor or major in accordance with Sections 6-11-8:1, 6-11-8:2 and 6-11-8:3 above. If review from the Historic Preservation Commission is required under this Section, the Zoning Administrator shall transmit a copy of the complete application to the Commission.

4.1.1.

COA Applications (non-demolition):

4.1.1.1. Street address of the property involved.

4.1.1.2. Applicant and/or owner's name and address.

4.1.1.3. Architect's name if one is utilized.

4.1.1.4. Brief description of the present improvements situated on the property.

4.1.1.5. A detailed description of any proposed addition, construction, or alteration affecting the primary facade together with any architectural drawings or sketches if those services have been utilized by the applicant and if not, a description of the addition, construction, or alteration sufficient to depict what the final appearance of the improvement will be.

4.1.1.6. Such other information as may be required by the Zoning Administrator.

4.1.2.

COA Applications (Demolition): An application for a certificate of appropriateness seeking demolition shall include the following at a minimum:

4.1.2.1. Street address of the property involved.

4.1.2.2. Applicant and/or owner's name and address.

4.1.2.3. Architect's name.

4.1.2.4. A detailed description of the present improvements situated on the property.

4.1.2.5. A detailed description of any proposed demolition affecting the primary facade, together with architectural drawings or sketches showing the remaining structure if a partial demolition is sought, sufficient to enable the Historic Preservation Commission to determine what the final appearance of the improvement will be post-demolition.

4.1.2.6. An acknowledgment that the applicant (and the owner, if the applicant is not the owner) is required to reimburse the City for the cost of the structural analysis described in Section 4.2. below, and that failure to make such payment shall authorize the City to file a lien against the property as provided herein.

4.1.2.7. Such other information as may be required by the Zoning Administrator.

4.1.2.8. If the applicant also seeks construction of a new structure, addition, or alteration after demolition is complete, the applicant shall file a separate Certificate of Appropriateness application pursuant to Section 4.1 above.

4.2.

If demolition is sought, a structural analysis, and an analysis of architectural and historical significance, shall be required as follows:

4.2.1.

Structural Analysis. Any request to demolish a principal structure in whole, or for certain partial demolitions of the principal structure as determined by the Zoning Administrator, shall require an independent structural analysis. Said analysis shall be conducted by a licensed architect or structural engineer and contracted by the City. Said analysis shall include, but is not limited to, the following: detailed conditions of the existing structure, a list of improvements required to restore or repair the structure to a condition that complies with the standards for issuance of an occupancy permit under the provision of Title 5, and the estimated cost of said restoration or repairs.

4.2.2.

Architectural and Historical Significance Analysis. Any request to demolish a principal structure in whole, or for certain partial demolitions of the principal structure as determined by the Zoning Administrator, shall include an analysis, provided by the applicant, of the architectural and historical significance of the existing structure. Said analysis shall include whether the structure embodies the distinguishing characteristics of an architectural period, style, method of construction, or use of indigenous materials and the structures current architectural integrity. Said analysis shall also disclose, to the extent of information available to the applicant, if the existing structure was owned or occupied by a person of historic significance in national, State or local history; if the structure has a direct connection to an important event in national, State or local history; or if the structure represents the notable work of a builder, designer or architect whose individual work has substantially influenced the development of the community.

4.2.3.

The owner, and applicant (if the applicant is not the owner), shall be jointly and severally responsible for reimbursement of the reasonable cost of the analysis described in Subsection 4.2.1 above. If reimbursement is not received by the City within sixty (60) days of issuance of an invoice therefor to the applicant (and owner, if applicable), the City shall be entitled to file a lien against the property in the amount of the costs of such analysis plus recording fees and interest.

4.3.

Administrative Certificate Of Appropriateness Review Procedures:

4.3.1.

Minor work set forth in this Section 6-11-8 may be administratively approved by the Zoning Administrator without the approval of the Historic Preservation Commission.

4.3.2.

Appeals To The Historic Preservation Commission: Any denial of an application for certificate of appropriateness by the Zoning Administrator may be appealed to the Historic Preservation Commission only by the applicant or property owner in accordance with the following provisions:

4.3.2.1.

A request for appeal must be filed with the Zoning Administrator within fourteen (14) days of the denial of the application.

4.3.2.2.

Within sixty (60) days of the filing of the request for appeal, the Historic Preservation Commission shall meet to consider the appeal.

4.3.2.3.

The applicant shall provide public notice in accordance with Section 6-11-8:4.4.3 and Section 6-11-8:4.4.4 below.

4.3.2.4.

The Zoning Administrator shall forward the Commission written findings of facts regarding the decision.

4.3.2.5.

On appeal, the Historic Preservation Commission shall consider the findings of fact of the Zoning Administrator and shall determine whether the certificate of appropriateness should be approved or denied.

4.4.

Historic Preservation Commission Certificate Of Appropriateness Review Procedures:

4.4.1.

Major work set forth in this Section 6-11-8 shall be reviewed by the Historic Preservation Commission at a public meeting in accordance with Section 6-11-8:4.4.2.

4.4.2.

Public Meeting: A public meeting shall be held no more than sixty (60) days after a completed application for a Certificate of Appropriateness has been filed.

4.4.3.

Written Notice: The applicant shall give written notice of the public meeting at which the proposed certificate of appropriateness will be considered to the current owners of record of all lots lying within three hundred feet (300') of the property lines of the parcel of land on which the Improvement that is the subject of the request for a certificate of appropriateness is located, inclusive of public right-of-way. The written notices shall be delivered personally or may be sent by first class mail, properly addressed and with sufficient postage affixed not more than thirty (30) days or less than fifteen (15) days in advance of the public meeting.

All written notices shall contain the following information: the assigned certificate of appropriateness case number; the name and address of the petitioner and property owner; the common address or the location of the subject property; location, date, and time of the public meeting; a description of the nature and purpose of the requested action; and the office address and telephone number of the City where information concerning the petition may be obtained.

4.4.3.1. Publication: Any COA application for demolition shall require notice by publication which shall be given by the City and paid for by the applicant. Publication shall be given at least once in a newspaper of general circulation in the City, no more than thirty (30) days nor less than fifteen (15) days in advance of the meeting.

4.4.4.

Sign: The applicant shall post notice of the public meeting at which the proposed certificate of appropriateness will be considered on a sign visible from a public street (excluding alleys) upon the property for which the certificate of appropriateness is proposed. The sign on the property shall:

4.4.4.1. Include a title (i.e., "Notice of Historic Preservation Commission Meeting"); the case number assigned to the application; a brief description of the nature of the certificate of appropriateness request; the date, time and location of the public meeting; and the address and phone number of the administrative office of the City where additional information may be obtained.

4.4.4.2. Include lettering a minimum of three inches (3") high in the title, and a minimum of one inch (1") high for all other text.

4.4.4.3. Be posted on the property for a continuous period of not more than thirty (30) days and not less than fifteen (15) days in advance of the public meeting, at which the proposed certificate of appropriateness will be considered.

The applicant shall remove the sign upon which the notice is posted within seven (7) days following the conclusion of the public meeting on the matter before the Historic Preservation Commission. Failure to remove the sign within the timeframe as provided herein may result in the imposition of a fine not to exceed fifty dollars ($50.00) per day.

4.4.5.

The applicant shall file a sworn affidavit, including a copy of the notice, with the Zoning Administrator showing the names and addresses of the persons to whom the written notices have been sent or delivered, and that such notices were sent or delivered not less than fifteen (15) days in advance of the public meeting. Said affidavit shall constitute a presumption that the notices have been properly given.

4.4.6.

Public Comments: Except as provided in Section 6-11-8:4.3.2, the Historic Preservation Commission shall take public comments prior to rendering a decision to grant or deny a certificate of appropriateness.

4.4.7.

Decision Rendered: The Commission shall render a decision to grant or deny an application for a certificate of appropriateness at the meeting at which it considers an application unless such deliberations are continued to a subsequent meeting for the purposes of obtaining additional information or in order to allow the applicant to submit revisions to the application.

4.5.

Issuance Of Certificate: The Zoning Administrator shall issue the certificate of appropriateness within seven (7) business days of the approval of an application for a certificate of appropriateness by either the Zoning Administrator pursuant to Section 6-11-8:4.3 or by the Historic Preservation Commission pursuant to Section 6-11-8:4.4. The owner and/or applicant shall not perform any of the work requested until the owner and/or applicant is in receipt of the certificate and all other required permits.

A certificate of appropriateness shall not be valid unless the following conditions are met:

4.5.1.

The work authorized by the certificate of appropriateness has been completed within three (3) years of the issuance of the certificate. Upon written request of the owner and/or applicant prior to the expiration date the Zoning Administrator may extend the effective period of the certificate of appropriateness for a period of up to two (2) additional years without reapplication to the Commission.

4.6.

Appeals To City Council: The owner and/or applicant may appeal any denial of an application for a certificate of appropriateness as determined by the Historic Preservation Commission to the City Council in accordance with the following provisions:

4.6.1.

A request for appeal must be filed with the Zoning Administrator within fourteen (14) days of the denial of the application.

4.6.2.

The Zoning Administrator shall immediately notify the Commission of any appeal taken from the denial of an application for certificate of appropriateness.

4.6.3.

The Commission shall forward a copy of its written findings of fact and its decision to the Zoning Administrator within fourteen (14) days of receipt of the notice of appeal. The Commission shall forward to the Zoning Administrator a copy of its minutes of the meeting at which it considered the application.

4.6.4.

Within sixty (60) days of the filing of the request for appeal with the Zoning Administrator, the City Council shall consider the appeal.

4.6.5.

Notice: The owner and/or applicant shall provide proper notice in accordance with the following provisions:

4.6.5.1. Written Notice: The applicant shall give written notice of the City Council meeting at which the appeal will be considered to the current owners of record of all lots lying within three hundred feet (300') of the property lines of the parcel of land on which the improvement that is the subject of the request for a certificate of appropriateness is located, inclusive of public right-of-way. The written notices shall be delivered personally or may be sent by first class mail, properly addressed and with sufficient postage affixed not more than thirty (30) days or less than fifteen (15) days in advance of the City Council meeting.

All written notices shall contain the following information: the assigned certificate of appropriateness case number; the name and address of the petitioner and property owner; the common address or the location of the subject property; location, date, and time of the meeting, a description of the nature and purpose of the requested action, and the office address and telephone number of the City where information concerning the petitioner may be obtained.

4.6.5.2. Sign: The applicant shall post notice for the City Council meeting at which the appeal will be considered on a sign visible from a public street (excluding alleys) upon the property for which the certificate of appropriateness is proposed.

Upon appeal of the case, the applicant shall update the posted Historic Preservation Commission sign in order to give notice of the appeal or may post a new sign. Said sign shall include the following information: a title (i.e., "Historic Preservation Commission"); the certificate of appropriateness case number; a brief description of the request (i.e. "Appeal to City Council"); the date, time and location of the City Council meeting at which the request to appeal will be heard; and the address and phone number of the administrative office of the City where additional information may be obtained. The sign on the property shall:

Include lettering a minimum of three inches (3") high in the title, and a minimum of one inch (1") high for all other text.

Be posted on the property for a continuous period of not more than thirty (30) days and not less than fifteen (15) days in advance of the City Council meeting, at which the proposed certificate of appropriateness will be considered.

The applicant shall remove the sign upon which the notice is posted within seven (7) days following City Council's decision with respect to the appeal. Failure to remove the sign within the timeframe as provided herein may result in the imposition of a fine not to exceed fifty dollars ($50.00) per day.

4.6.5.3. Affidavit: Prior to commencement of the meeting to consider the petition, the petitioner shall file a sworn affidavit with the Zoning Administrator verifying completion of all required notices. Such affidavit shall include a copy of the written notice and a list of all names and addresses to which the notices were provided, and shall specify by address whether such notice was mailed or personally delivered. Such affidavit shall create a presumption that the required notices have been properly given.

4.6.6.

On appeal, the City Council shall consider the minutes and findings of fact of the Historic Preservation Commission and shall determine whether the certificate of appropriateness should be approved or denied.

5.

Factors For Consideration Of A Certificate Of Appropriateness Application:

5.1.

Compatibility With District Character: The Commission and Zoning Administrator shall consider the compatibility of the proposed improvement with the character of the historic district in terms of scale, style, exterior features, building placement and site access, as related to the primary facade(s), in rendering a decision to grant or deny a certificate of appropriateness.

5.2.

Compatibility With Architectural Style: The Commission and Zoning Administrator shall consider the compatibility of the proposed improvement with the historic architectural style of the building or structure to be modified by the certificate of appropriateness request.

5.3.

Economic Reasonableness: The Commission and the Zoning Administrator shall consider the economic reasonableness of any recommended changes determined to be necessary to bring the application into conformity with the character of the historic district.

5.4.

Energy Conservation Effect: In making its determinations, the Commission and Zoning Administrator shall consider the effect that any recommended changes may have on energy conservation.

5.5.

Impact of Proposed Demolition: In evaluating any application for demolition of a principal structure in whole, or for certain partial demolitions as determined by the Zoning Administrator, the Commission shall balance the findings presented in the structural analysis, which includes an analysis of the improvements required to restore or repair the structure to a condition that complies with the standards for issuance of an occupancy permit under the provision of Title 5, and the estimated cost of said restoration or repairs, against the architectural and historical significance of the structure.

5.6.

The City's Historic Building Design and Resource Manual may be used as a resource in consideration of the above.

(Ord. No. 19-086, § 2, 6-18-2019)

Neither the owner of nor the person in charge of an improvement designated as a landmark or an improvement located within an historic district shall permit such improvement to fall into a state of disrepair which may result in the deterioration of any exterior appurtenance or architectural feature so as to produce or tend to produce, in the judgment of the Zoning Administrator, a detrimental effect upon the character of the historic district as a whole or the life and character of the improvement in question, including, but not limited to:

1.

The deterioration of exterior walls or vertical supports.

2.

The deterioration of roofs or other horizontal members.

3.

The deterioration of exterior chimneys.

4.

The deterioration or crumbling of exterior plaster or mortar.

5.

The ineffective waterproofing of exterior walls, roofs and foundations, including broken windows or doors.

6.

The deterioration of any feature so as to create or permit the creation of any hazardous or unsafe condition or conditions.

Nothing in this Chapter shall exempt an improvement designated as a landmark or located within a historic district from compliance with the provisions of Section 5-1H (Property Maintenance Code) of this Code. Enforcement of this Section shall be pursuant to Section 6-3-10 and Section 5-1H of this Code as amended from time to time.

(Ord. No. 11-034, § 5, 3-1-2011; Ord. No. 19-086, § 2, 6-18-2019)

1.

In the event that a condition on property located within the historic district, or property designated as a landmark, presents an imminent danger to the public health, safety, or welfare or requires immediate construction, reconstruction, repair, alteration, or demolition as ordered by a court of competent jurisdiction or as determined by a representative of the City, then such work may be performed without a certificate of appropriateness. Work performed under such circumstances shall be the minimum necessary in order to render the improvement safe, after which any construction, reconstruction, alteration or demolition shall be processed in accordance with the provisions of Sections 6-11-6, 6-11-7 and 6-11-8 of this Chapter.

2.

Under the circumstances described in Section 6-11-10:1, the owner of the property shall notify the Zoning Administrator in writing prior to performing the work necessary to make the property safe. If advance notification is not practical due to the emergency nature of the situation, the Owner shall provide written notice to the Zoning Administrator within seven (7) calendar days of commencement of such work. In either case, the written notice shall include the following: (i) a detailed description of the dangerous condition in question; (ii) the timeframe needed to complete the work; and (iii) the specific actions to be taken in the performance of such work.

(Ord. No. 11-034, § 5, 3-1-2011)

1.

For the purposes of this Section, natural demolition shall occur when an improvement is damaged by fire, explosion, or other casualty or act of God.

2.

In the case of natural demolition of all or part of a landmark or an improvement located within an historic district, the owner shall obtain a certificate of appropriateness prior to reconstruction when required under the provisions of this Chapter.

(Ord. No. 11-034, § 5, 3-1-2011)

1.

Illegal Demolition:

1.1.

Demolition occurring under the provisions of Section 6-11-10 and Section 6-11-11 shall not be considered illegal demolition for the purpose of this Chapter, provided that the Zoning Administrator is properly notified in writing as provided in Section 6-11-10:2.

1.2.

It shall be unlawful to demolish any portion of any landmark or any improvement located within the historic district unless specifically permitted through a certificate of appropriateness issued for that property.

1.3.

Property owners will be subject to a fine of no less than ten thousand dollars ($10,000.00) and no greater than fifty thousand dollars ($50,000.00) for any and all illegal demolition to any landmark or to any improvement located within an historic district.

2.

Illegal Construction Or Alteration:

2.1.

It shall be unlawful to complete any construction or alteration to any landmark or any improvement located within an historic district unless specifically permitted through the certificate of appropriateness issued for that property.

2.2.

Property owners will be subject to the following fines and penalties for any and all illegal construction or alteration to any landmark or any improvement located within an historic district:

2.2.1.

A fine of no less than five hundred dollars ($500.00) and no greater than one thousand dollars ($1,000.00), per violation.

3.

Other violations of the Naperville Municipal Code:

3.1.

Except as otherwise provided herein, property owners will be subject to the following fines and penalties, for violations of provisions of the Naperville Municipal Code, including but not limited to, the requirements in Section 6-11-9 hereof.

3.1.1.

A fine of not less than five hundred dollars ($500.00) and not greater than one thousand dollars ($1,000.00), per violation.

4.

Liens: If fines, penalties, and reimbursement to the City as provided in Section 6-11-8:4.2.3 above are not timely paid, the City shall be entitled to file a lien against the property on which the violation occurred in the amount of such fines, penalties, or reimbursement amounts due, plus recording fees and interest.

(Ord. No. 11-034, § 5, 3-1-2011; Ord. No. 19-086, § 2, 6-18-2019)