§ 21.13. Definitions.


Latest version.
  • For purposes of this Chapter, the following definitions shall control:

    "Alteration" means any act or process requiring a building permit or demolition permit, or any act or process included in Article IV of this Chapter, that changes one or more of the historic, cultural, architectural or archaeological features of an area, property, structure, site or object, including, but not limited to, the erection, construction, reconstruction or relocation of any property, structure or object, or any part of a property, building, structure, site or object, or land altering activities.

    "Applicant" means a person who submits an application for designation of a landmark, for issuance of a certificate of appropriateness or for a certificate of economic hardship.

    "Application" means a form submitted for designation of a landmark, for approval of alteration, construction, demolition or relocation that requires issuance of a certificate of appropriateness or certificate of economic hardship.

    "Area" means a specific geographic division of the City of Elmhurst.

    "Building" means any structure built, used, designed, or intended for the support, shelter, protection, or enclosure of persons, animals, chattels, or property of any kind, and which is permanently affixed to the land.

    "Building Department" means the City of Elmhurst Building Department.

    "Business day" means a day on which the City of Elmhurst is open for business. Sections of this Chapter, which refer to time periods in which "business days" are not specified, shall be understood to refer to calendar days.

    "Certificate of appropriateness" means a certificate issued by the Commission indicating review and authorization of plans for alteration, construction, demolition or relocation of a landmark, or property, structure, site or object within a district.

    "Certificate of economic hardship" means a certificate issued by the Commission after a determination by the Commission that the previous denial of a certificate of appropriateness has resulted in a denial of all reasonable use of and return from the property.

    "Commission" means the Elmhurst Historic Preservation Commission.

    "Commissioners" means persons appointed by the Mayor, with the advice and consent of the Council, to the Elmhurst Historic Preservation Commission and the ex-officio members of the Commission.

    "Construction" means the act of adding an addition to a building or structure or the erection of a new principal or accessory building or structure on a property or site that requires a building permit under the ordinances of the City.

    "Corporate authorities" means the Mayor and City Council of the City of Elmhurst.

    "Council" means the City Council of the City of Elmhurst.

    "Demolition" means any act or process that destroys all or any part of an exterior wall, foundation, interior or exterior column or load-bearing wall of a landmark or a property, structure, site or object within a district.

    "Department of Planning, Zoning and Economic Development" or "department" means City of Elmhurst Department of Planning, Zoning and Economic Development.

    "Design guideline" means any design standard specified by the Commission for alteration, construction or relocation that is unique to a particular landmark or district to be used in conjunction with other design standards in this Chapter, and the U.S. Secretary of Interior's "Standards for Rehabilitation of Historic Properties," as amended.

    "District" means an identifiable area with definable boundaries designated as a "historic district" by an ordinance adopted by the Council and in which a significant number of the properties, structures, sites or objects have a high degree of historic, cultural, architectural or archaeological significance and integrity. Many of the properties, buildings, structures, sites or objects included in the district may qualify as landmarks and may or may not be contiguous. For purposes of this Chapter and unless otherwise expressly provided by Council in the ordinance for designation, all designations shall presumptively include the lot(s) of record or the zoning lots (as determined by the Zoning Administrator) associated with buildings, structures and objects located in the district.

    "Exterior architectural appearance" means the architectural character and general composition of the exterior of a property, structure or object, visible from a public street or public way, including but not limited to the kind and texture of the building material and the type, design and character of all architectural details and elements, including, but not limited to, windows, doors, light fixtures, trim and signs.

    "Land altering activity" means any act or process requiring a permit that changes one or more of the historic, cultural, architectural or archaeological features of an area, property or site, including but not limited to, berming, scraping, leveling, grading, pile driving, excavating and compacting.

    "Landmark" means a property, building, structure, site or object designated as a "landmark" by ordinance adopted by the City Council. Landmarks shall have a high degree of historic, cultural, architectural or archaeological significance to the City. For purposes of this Chapter and unless otherwise expressly provided by Council in the ordinance for designation, all designations shall presumptively include the lot(s) of record or zoning lots (as determined by the Zoning Administrator), as the case might be, associated with the property, building, structure, site or object designated as a landmark.

    "Lot of record" means a lot which is part of a subdivision, the plat of which has been recorded in the office of the Recorder of Deeds of DuPage County; or a parcel of land, the deed to which was recorded in the office of said Recorder of Deeds prior to the adoption of the ordinance codified in this Chapter.

    "Members" means members including ex officio members of the Commission, also referred to throughout this Chapter as "Commissioners."

    "Nominator" means a person or persons who submit a form for the designation of a landmark or district.

    "Object" means anything constructed, fabricated or created, the use of which does not require permanent or semi-permanent location on or in the ground, and can be moved from one location to another, including without limitation ships, boats, railroad cars, automobiles, wagons, tractors, statues and works of art.

    "Owner of record" for purposes of this Chapter, owner of record means any person having a legal or equitable interest in a property. The owner of record shall be established by the records of the DuPage County Recorder.

    "Person" means an individual, corporation, governmental agency, business trust, estate, trust, partnership, corporation, firm, association, two or more persons having a joint or common interest, or any other legal entity.

    "Project" means any proposed or actual alteration, construction, demolition or relocation of an area, property, building, structure, site, area or object.

    "Property" means land and structures or land and objects identified as a separate lot for purposes of the subdivision and zoning regulations of the City.

    "Relocation" means any repositioning of a structure or object on its site or to another site.

    "Repair" means any change to an area, property, structure, site or object that is not alteration, construction, relocation or demolition.

    "Rules" means the rules and procedures of the Elmhurst Preservation Commission, as amended from time to time.

    "Site" means the location of an event, activity, structure or object.

    "Structure" means anything constructed or erected, the use of which requires, directly or indirectly, a permanent location on or in the ground, including without limitation buildings, garages, fences, gazebos, signs, billboards, antennas, satellite sending or receiving dishes, swimming pools, walks, walls, steps, sidewalks, and works of art.

    "Zoning and Planning Commission" means the City of Elmhurst Zoning and Planning Commission.

    "Zoning lot" means a single tract of land located within a single block, which is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. Therefore, a "zoning lot or lots" may or may not coincide with a lot of record.

(Ord. 18-2006 § 2 (part))