Loading...
HomeMy WebLinkAboutG8-88 (2) Revised Ordinance No. G8-88 AN ORDINANCE TO PROVIDE FOR THE DESIGNATION AND PRESERVATION OF HISTORICALLY AND ARCHITECTURALLY SIGNIFICANT PROPERTY WHEREAS, the City of Elgin is one of the earliest settlements in Northern Illinois and contains many structures and neighborhoods of both historical and architectural significance; and WHEREAS, the City Council of the City of Elgin has determined that it is neces- sary and desirable to preserve the historical and architectural significance of these structures; and WHEREAS, Ordinance No. G40-84 passed on July 9, 1984, created the Elgin Heritage Commission and requires the Commission to draft a preservation ordinance; and WHEREAS, the Commission has drafted and forwarded a draft of a preservation ordinance; and WHEREAS, the City Council has conducted a public hearing on the proposed draft ordinance; and WHEREAS, the City of Elgin is a home rule municipality as defined in Article VII, Section 6(a) of the 1970 Constitution of Illinois; and elk WHEREAS, a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the designation and preservation of property with historical and architectural significance pertains to the government and affairs of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Chapter 3.70 of the Elgin Muicipal Code, 1976, as amended, be and is hereby amended to read as follows: "Chapter 3.70 Elgin Heritage Commission 3.70.010 Commission created. There is hereby created the Elgin Heritage Commission. 3.70.020 Composition—Terms--Vacancies. A. Composition. The Commission shall be composed of nine members. The Commission members shall include one architect, one local tiririrtrn, one licensed real estate agent, one licensed attorney, and one representative of the Elgin Area Historical Society, to the extent that such professionals or persons are available. Members shall also be appointed 1 from among professionals in the disciplines of architectural history, historic architecture, planning, archeology, historic preservation or a related field to the extent that such professionals are available and may also include other persons who have demonstrated special interest, knowledge or experience in architecture, history, neighborhood preservation or related disciplines. In addition to the foregoing, the building official, or his designee, shall serve as an ex officio nonvoting member of the Commission and shall act as secretary for the Commission. B. Terms. The terms of the members of the Commission shall be for three (3) years; how- ever, of the members first appointed, three members shall be appointed for a term of three (3) years, three members shall be appointed for a term of two (2) years, and three members shall be appointed for a term of one (I) year. Appointments shall expire on the first day of May in the anniversary year of appointment of a member. C. Vacancies. Vacancies shall be filled by appointment by the Mayor and City Council. 3.70.030 Associate members. The Commission may appoint nonvoting associate members to the Commission whose expertise or interest in specific or generalized areas shall be deemed necessary or desirable to further the work of the Commission. At no time shall the number of asso- ciate members exceed nine. 3.70.040 Officers--Chairman--Secretary. A. Officers. Officers shall consist of a Chairman and a Vice-Chairman elected by the Commission who shall each serve a term of one (I) year and shall be eligible for re- election. Elections shall be held annually. B. Chairman. 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. C. Secretary. The Secretary of the Commission shall be the building official or his designee. The Secretary shall: I. Keep and maintain minutes of each Commission meeting; 2. Provide administrative and technical assistance to the Commission; 3. Publish and distribute to the Commission and to the City Council copies of the minutes, reports and decisions of the Commission; 2 4. Give such notice as provided herein or as may be otherwise required by law for all public hearings conducted by the Commission; 5. Investigate any complaint of a violation of this ordinance and provide to the Commission a copy of such complaint and a written report of the Bureau of Inspection Services' disposition thereof. 6. Advise the Mayor of vacancies on the Commission as they occur and of expiring terms of Commissioners at least ninety (90) days prior to the end of the expired term; and 7. The Secretary shall have no vote in matters before the Commission. 3.70.050 Meetings--Quorum--Voting. A. Meetings. The Commission shall meet not less than once a month and at any time upon the call of the Chairman. All meetings shall be subject to the provisions of the Illinois Open Meetings Act. B. Quorum. No business shall be conducted by the Commission without the presence of a quorum of five or more voting members. rak C. Voting. I. Recommendations for designation of landmarks and historic districts as herein provided shall require six affirmative votes by the members of the Commission. All other actions of the Commission shall be made by a majority vote of the members at my meeting where a quorum is present. 2. No action shall be taken by the Commission which in any manner could deprive or restrict the owner of property in its use,Inodification, maintenance, disposi- tion or demolition until such owner first shall have had the opportunity to be heard at a public hearing of the Commission. 3. No Commissioner shall participate in or vote on my matter which materially or apparently may affect the property, income or business interest of that Commissioner. In the event more than one Commissioner is disqualified as provided in this section, the matter in question shall be presented directly to the City Council. 3.70.060 Duties and responsibilities. The duties and responsibilities of the Commission shall include the following: A. To adopt rules of procedure; B. To hold regular meetings and call such special meetings as may be required; C. To promote the education of property owners, local government agencies and the public at large regarding the protection, maintenance and preservation of Elgin's 3 rbk architectural, historic and cultural resources by holding programs and seminars, creating appropriate maps, newsletters, pamphlets and brochures or other materials to increase public awareness, education and tourism; D. To obtain certification of the Elgin Historic Preservation Ordinance with the Illinois Historic Preservation Agency. E. To explore funding, grant sources and tax incentives related to the preserva- tion of Elgin's urban environment; F. To initiate and continue a process of survey and inventory of Elgin's histori- cally and architecturally significant structures and areas; G. To investigate, hold public hearings and recommend to the City Council designation of certain Elgin sites, structures or areas as having special historic, community, architectural or archeological value as "landmarks" or "historic districts"; H. To keep a register of all property and structures which have been designated as a landmark or historic district, and to develop an appropriate system of markers or other means of recognition; I. To review and recommend to the City Council local landmarks and historic districts for listing in the State and National Register of Historic Places; J. To develop design guidelines for the alteration, construction, removal or demolition of landmarks or property and structures within historic districts; irk K. To hold public hearings and to hear appeals on decisions concerning permit applications for new construction within historic districts and for additions to, altera- tions or removal of designated landmarks or structures within historic districts, and to issue or deny Certificates of Appropriateness for such actions; L. To issue or deny applications for Certificates of Economic Hardship that would allow for the performance of work for which a Certificate of Appropriateness has been denied; M. To testify before all boards and commissions and the City Council concerning any matter affecting historically or architecturally significant property, structures and areas; N. To develop a preservation plan and to recommend it to the Planning Commis- sion and the City Council; 0. To cooperate with the Illinois Historic Preservation Agency and all other local, regional, state and federal agencies and organizations in terms of preservation policy and governmental action; P. To confer recognition when appropriate upon owners of landmarks or property or structures within historic districts or other individuals or organizations who have contributed to the architectural and historic character of the City by means of certificates, plaques or markers; eft 4 O. To establish and maintain an archive of preservation related materials for public use; R. To recommend to the City Council the adoption of an appropriate sytem of historically and architecturally compatible streetscape elements, including but not limited to landscaping, signage, color motifs and directional signage on routes leading to historic districts; S. To recommend to the City Council appropriate street usage in designated historic districts including but not limited to traffic route designations, public walkways, and paths. T. To advise and assist the owners of landmarks, and other significant structures or property within the City on the physical and financial aspects of preservation, rehabil- itation and adaptive reuse, and on procedures for inclusion of such structures or property on the State and National Register of Historic Places; U. To recommend that the City retain specialists or consultants with the approval of the City Council and to establish such citizens advisory committees as may be desirable from time to time; V. To endeavor to stabilize and increase property values within the City and enhance the investment climate in the older areas within the City; W. To cooperate with agencies of local, regional, state and federal government in the planning of policies and governmental actions concerning historic preservation; X. To recommend to the City Council for their approval, any preservation related actions or activities necessary or appropriate for the implementation of their duties and responsibilities, and for the implementation of this ordinance; Y. To cause one member to attend at least one informational or educational meeting each year which is approved by the State Historic Preservation Officer and which pertains to the work and functions of the Commi's'sion or to historic preservation; Z. To prepare and 'transmit an annual report to the State Historic Preservation Officer; AA. To monitor and notify the State Historic Preservation Officer of demolitions or major alterations to property listed on the State or National Register of Historic Places; and BB. To perform such other duties as may from time to time be delegated by the City Council." Section 2. That the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding the following: 5 "TITLE 20 Designation and Preservation of Historically and Architecturally Significant Property Chapter 20.02 General Provisions 20.02.010 Short title. The ordinance codified in this title shall be known, cited, and referred to as the "Elgin Historic Preservation Ordinance." 20.02.020 Purpose and intent. The purpose of this ordinance is to promote the educational, cultural, economic and general welfare of the community by: A. Providing a mechanism to identify, designate, preserve and protect landmarks, buildings, fixtures, facades, places, districts and natural objects within the City of Elgin which have historical or architectural significance. B. Protecting and enhancing the City of Elgin's attractions to residents, tourists and visitors. C. Stabilizing and improving the property values within the City of Elgin. D. Supporting and stimulating business and industry in Elgin. E. Encouraging civic pride in the accomplishments of the past as manifested in existing structures and landscapes. Chapter 20.04 Definitions 20.04.005 Definitions generally. • Unless specifically defined below, words or phrases in this ordinance shall be inter- preted in accordance with definitions contained in Webster's Dictionary. 20.04.010 Alteration. "Alteration" means any act or process that changes one or more of the exterior architectural features of a structure, including, but not limited to, the erection, con- struction, reconstruction, addition, sand blasting, water blasting, chemical cleaning, chemical stripping, or removal of any structure, but not including changes to the color of exterior paint. 6 20.04.015 Area. "Area" means a specific geographic division of the City of Elgin. 20.04.020 Certificate of Appropriateness. "Certificate of Appropriateness" means a certificate issued by the building official or the Elgin Heritage Commission indicating its approval of plans for alteration, con- struction, removal or demolition of a landmark or of a structure within a historic district. 20.04.025 Certificate of Economic Hardship. "Certificate of Economic Hardship" means a certificate issued by the Elgin Heritage Commission authorizing an alteration, construction, removal or demolition even though a Certificate of Appropriateness has previously been denied. 20.04.030 Commission. "Commission" means the Elgin Heritage Commission. 20.04.035 Commissioners. "Commissioners" means voting members of the Elgin Heritage Commission. rek 20.04.040 Construction. "Construction" means 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. 20.04.045 Council. "Council" means the City Council of the City of Elgin. 20.04.050 Demolition. • "Demolition" means any act or process that destroys in part or in whole a landmark or a structure within a historic district. 20.04.055 Design guideline. "Design guideline" means the Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings as adopted by the Secretary of the United States Department of the Interior, and other guidelines which may be adopted from time to time. 20.04.060 Exterior architectural appearance. "Exterior architectural appearance" means the architectural character and general composition of the exterior of a structure, or natural object, including but not limited to the kind and texture of the building material and the type, design, and character of all windows, doors, light fixtures, signs, and appurtenant elements. 7 20.04.065 Historic district. "Historic district" means an area designated as a "historic district" by ordinance of the City Council and which may contain within definable geographic boundaries one or more landmarks and which may have within its boundaries other properties or structures that, while not of such historic or architectural significance to be designated as land- marks, nevertheless contribute to the overall historic or architectural characteristics of the historic district. 20.04.070 Landmark. "Landmark" means a property, structure or natural object designated as a "landmark" by ordinance of the City Council, pursuant to procedures prescribed herein, that is worthy of rehabilitation, restoration, and preservation because of its historic or architectural significance to the City of Elgin. 20.04.075 Owners of record. "Owners of record" means the person, corporation, or other legal entity who holds fee simple title in a subject property. 20.04.080 Rehabilitation. "Rehabilitation" means 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. 20.04.085 Relocation. "Relocation" means any repositioning of a structure on its site or moving it to another site. 20.04.090 Repair. "Repair" means any change that does not requfre a building permit, that is not construction, relocation or alteration and does not alter the exterior architectural appearance of the structure. 20.04.095 Structure. "Structure" means anything constructed or erected, the use of which requires. permanent or temporary location on or in the ground, including, but without limiting the generality of the foregoing, buildings, fences, gazebos, advertising signs, billboards, backstops for tennis courts, radio and television antennae, including supporting towers, swimming pools, air conditioners, heat pumps, satellite dishes, basketball standards and solar energy equipment. 8 Chapter 20.06 Landmark and Historic District Nomination and Designation 20.06.010 Nomination of landmarks and historic districts. Nominations shall be made to the Heritage Commission on a form prepared by it and may be made and submitted by a member of the Heritage Commission, owner of record of the nominated property or structure, the City Council, or any other person or organization having a substantial interest in the property. 20.06.020 Fees. A. Each nomination request submitted to the Heritage Commission pursuant to this chapter shall be accompanied by a fee in the amount of twenty-five dollars ($25.00) for landmark nominations and two hundred and fifty dollars ($250.00) for historic district nominations. A nomination submitted without this fee shall have no effect under this ordinance. Nomination requests submitted by the Heritage Commission or the City Council shall be exempt from the payment of any fees. B. In addition to the nomination fee, each applicant shall pay for the costs of providing an accurate verbatim account of the public hearing. A deposit of one hundred dollars (100.00) shall be made at the time of application to cover the direct costs of recording and transcription of the public hearing. If the cost is less than the deposit, the remainder shall be paid in full to the applicant. If the cost exceeds the deposit, the applicant shall pay the additional amount in full prior to consideration of the nomination by the City Council. C. Any party pursuing an appeal pursuant to this ordinance, including an application for a certificate of economic hardship, shall pay the costs associated with such appeal. The Heritage Commission or the City Council, as the case may be, may require a deposit for such costs prior to the processing of any appeal. 20.06.030 Criteria for consideration of nomination. A nominated structure, property, or area must be fifty (50) years of age on the date of designation unless it is an intergral part of a designated historic district or if it has otherwise achieved significance of exceptional importance. The Heritage Commission shall, upon such investigation as it deems necessary, make a determination as to whether a nominated structure, property, or area meets one or more of the following criteria: A. That it has character, interest, or value as part of the development, heritage, or cultural characteristics of the community, county, state or country. B. That its location was a site of a significant local, county, state, or national event. C. That it is identified with a person who significantly contributed to the develop- ment of the community, county, state, or country. 9 D. That it embodies distinguishing characteristics of an architectural style valuable for the study of a period, type, method of construction, or use of indigenous materials. • E. That it is identified as the work of a master builder, designer, architect, or landscape architect whose individual work has influenced the development of the community, county, state or country. F. That it embodies elements of design, detailing, materials, or craftsmanship that render it architecturally significant. G. That it embodies design elements that make it structurally or architecturally innovative. H. That it has a unique location or singular physical characteristics that make it an established or familiar visual feature. I. That it is a particularly fine or unique example of a utilitarian structure, including, but not limited to farmhouses, gas stations, or other commercial structures, with a high level of integrity or architectural significance. J. That it is suitable for preservation or restoration. Any structure, property or area that meets one or more of the above criteria shall also have sufficient integrity of location, design, materials, and workmanship to make it worthy of preservation or restoration. 20.06.040 Notification of nomination. The Heritage Commission shall schedule a public hearing on a nomination within ninety (90) days following receipt of said nomination. In cases of a nomination of a structure as a landmark, notice of the date, time, place, and purpose of the public hearing and a copy of the completed nomination form shall be sent by regular mail to the owner(s) of record and to the nominators, at least thirty (30) days prior to the date of the hearing. Notice of the nomination of a landmark shall also be published at least once in a Elgin newspaper having general circulation in the City of not less than fifteen (15) days prior to the date of the hearing. The publication notice shall state the common street address and legal description of a nominated landmark along with the date, time, place and purpose of the public hearing. In cases of a nomination of an area as a historic district, notice of the date, time, place, and purpose of the public hearing and a copy of the completed nomination form shall be sent by regular mail to the common street address of each structure located within the boundaries of a nominated historic district and to the nominators, at least thirty (30) days prior to the date of the hearing. Notice of the nomination of a historic district shall also be published at least once a week for two consecutive weeks in a newspaper having general circulation in the City of Elgin not less than fifteen (15) days prior to the date of the hearing. The publication notice shall state the legal description and boundaries of a nominated historic district along with the date, time, place and purpose of the public hearing. 10 20.06.050 Objection by owners of record of a nominated landmark or of � y properties within nominated historic district. An objection to the nomination of a landmark or of an area as a historic district may be made by petition signed by a majority of the owners of record of the nominated landmark or the properties in the nominated area. Such an objection shall be filed with the Heritage Commission prior to the close of the public hearing on the nomination and shall bar the renomination of the subject property or area as a landmark or a historic district for a period of two years from the filing of the objection. In such cases where a majority of the owners of record have filed an objection, the subject property or area shall not be designated as a landmark or a historic district except by a favorable vote of two-thirds of the members of the Council then holding office. 20.06.060 Public hearing. Oral or written testimony concerning the significance of the nominated landmark or historic district shall be taken at the public hearing from any person concerning the nomination. The Heritage Commission may present expert testimony or present its own evidence regarding the compliance of the nominated landmark or historic district with the criteria for consideration of a nomination set forth in Section 20.06.030 of this ordinance. The owner of any nominated landmark or of any property within a nominated historic district shall be allowed reasonable opportunity to present evidence regarding significance and shall be afforded the right of representation by counsel and reasonable opportunity to cross-examine expert witnesses. A transcript of the entire hearing shall be made by a stenographic reporter. The hearing shall be closed upon completion of testimony. 20.06.070 Findings and recommendation by Heritage Commission. Within thirty (30) days following close of the public hearing, the Heritage Commis- sion shall make a determination upon the evidence whether the nominated landmark or historic district meets the criteria for designation. Such a determination shall be passed by resolution of the Heritage Commission and shall be,accompanied by a report stating the findings of the Heritage Commission concerning- he application of the criteria for designation in Section 20.06.030 of this ordinance and the nominated landmark or historic district. The report accompanying the Heritage Commission's resolution shall also include the following information: A. Explanation of the significance or lack of significance of the nominated land- mark or historic district as it relates to the criteria for designation. B. Explanation of the integrity or lack of integrity of the nominated landmark or historic district. C. In the case of a nominated landmark found to meet the criteria for designa- tion: I. The significant exterior architectural features of the nominated landmark that should be protected. l II t 2. The types of construction, alteration, removal and demolition, other than those requiring a building or demolition permit, that should be reviewed for appropriate- ness pursuant to the provisions of Chapters 20.08 and 20.10 of this ordinance. D. In the case of a nominated historic district found to meet the criteria for designation: I. The types of significant exterior architectural features of the structures within the nominated historic district that should be protected. 2. The types of alterations and demolitions that should be reviewed for appropriateness pursuant to the provisions of Chapters 20.08 and 20.10 of this ordinance. E. Proposed design guidelines for applying the criteria for review of Certificates of Appropriateness to the nominated landmark or historic district. F. The relationship of the nominated landmark or historic district to the ongoing effort of the Heritage Commission to identify and nominate all potential areas and structures that meet the criteria for designation. G. Recommendations as to appropriate permitted uses, special uses, height and area regulations, minimum dwelling size, floor area, sign regulations, and parking regula- tions necessary or appropriate to the preservation of the nominated landmark or historic district. H. A map showing the location of the nominated landmark and the boundaries of the nominated historic district including a listing of all street addresses and the number of princpal buildings within a nominated historic district. 20.06.080 Notification of findings and recommendation. Notice of determination of the Heritage Commission, including a copy of the report, shall be sent by regular mail to the owner(s) of record of a nominated landmark, and to the common address of all property within a nominated historic district and to the nominator within seven (7) days following adoption Qf the resolution. Within seven (7) days following a determination by the Heritage Commission whether the nominated landmark or historic district meets the criteria for designation, a copy of the resolution and report accompanied by a recommendation whether the nominated landmark or historic district should be designated shall be sent to the Council. 20.06.090 Appeal. A determination by the Heritage Commission that the nominated landmark or historic district does not meet the criteria for designation may be appealed to the City Council. The nominator or owner of the nominated landmark or of property within the nominated historic district must, within thirty (30) days after the postmarked date of the notice of the determination, file with the City Clerk such a written appeal to the Council. 12 20.06.100 Action by City Council. The Council shall, after receiving the recommendation that the nominated landmark or historic district be designated or receiving a written appeal, either reject the recommendation or written appeal by formal resolution or designate the landmark or historic district by an ordinance. The Council may hold a public hearing before enacting the resolution or ordinance and provide notice and take testimony in the same manner as provided in Sections 20.06.040 and 20.06.060. The City Clerk shall provide written notification of the action of the Council by regular mail to the nominator, the appellant, and the owner(s) of record of the nominated landmark and to the common street address of all property within a nominated historic district. The notice shall include a copy of the designation ordinance or resolution passed by the Council and shall be sent within seven (7) days of the Council action. A copy of each designation ordinance shall be sent to the Heritage Commission, the Planning and Land Use Commission, and the Bureau of Inspection Services. 20.06.110 Interim control pending City Council action. Upon the submission of a nomination to designate a landmark or a historic district or an addition to an existing district to the Heritage Commission, all permits issued by the Bureau of Inspection Services for such buildings or property within an area of nominated for designation shall be accompanied by a Certificate of Appropriateness from the building official, at least until such time as a final determination is made on the nomination. Notwithstanding the above language, the building official may issue permits for work done on the interior of any structure. After a denial by Council, a new petition for the same building or area shall not be filed for a period of one (1) year from the date of denial. 20.06.120 Amendment or rescission of designation. Designation may be amended or rescinded upon petition to the Heritage Commis- sion and compliance with the same procedure and according to the same criteria set forth herein for such designation. A petition to rescind the designation of a landmark or historic district shall include the signatures of the majority of the property owners of record of the landmark or historic district within the designated area. 20.06.130 Recording of ordinance. A certified copy of the ordinance designating a landmark or historic district shall be recorded with the county recorder in the county in which the subject property is located. Chapter 20.08 Certificate of Appropriateness 20.08.010 Certificate of Appropriateness required. A Certificate of Appropriateness shall be required before the following actions affecting the exterior architectural appearance of any designated landmark or of any property within a historic district may be undertaken: 13 A. Any construction, alteration, removal or demolition requiring a building permit from the City of Elgin. B. Any construction, alteration, removal or demolition affecting a significant exterior architectural feature as specified in the ordinance designating•the landmark or historic district. 20.08.020 Application. Every application for a building permit or demolition permit, including the accompanying plans and specifications, affecting the exterior architectural appearance of a designated landmark or of a property within a designated historic district shall be made to the building official. The building official, or his designee, shall issue or deny a Certificate of Appropriateness within fourteen (14) days of the receipt of a completed application. Application for review of construction, alteration, removal or demolition not requiring a building permit or demolition permit for which a Certificate of Appropriateness is required shall be made to the building official on a form prepared by the Heritage Commission and available at the offices of the Bureau of Inspection Services. The building official, or his designee, shall issue or deny a Certificate of Appropriateness within fourteen (14) days of the receipt of a completed application. The building official, or his designee, shall provide technical assistance as to the application of design guidelines for proposed work on any landmark or on any property within a historic district. 20.08.030 Design guidelines. In considering an application for a building permit or for a Certificate of Appro- priateness, the building official shall apply the Secretary of the United States Depart- ment of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings as a standard for whether to issue such certificates, and other guide- lines which may be adopted from time to time. 20.08.040 Denial of a Certificate of Appropriateness. A denial of a Certificate of Appropriateness shall be accompanied by a statement of the reasons for the denial. The building official shall make recommendations to the applicant concerning changes, if any, in the proposed action that would cause the building official to reconsider his denial and shall confer with the applicant and attempt to resolve as quickly as possible the differences between the applicant and the building official. The applicant may submit an amended application or reapply for a building or demolition permit that takes into consideration the recommendations of the building official. 20.08.050 Appeals. A determination by the building official that an application for a Certificate of Appropriateness be denied may be appealed to the Heritage Commission. All such appeals must be made to the Commission within ten (10) days from the denial of the original application. The Heritage Commission shall provide notice of and hold a public hearing on such appeals in the some manner as provided by Sections 20.06.040 and 20.06.060. In considering such appeals the Commission shall use the decision guidelines 14 as provided in Section 20.08.030. The Commission shall render a decision on an appeal within ten (10) days from its final meeting to consider the matter and shall include written findings to accompany the decision. A denial of a Certificate of Appropriateness by the Heritage Commission pursuant to this section may be appealed to the City Council as provided by Section 20.10.040. 20.08.060 Posting of certificate of appropriateness. A true copy of the certificate of appropriateness shall be kept on the site of work and posted so as to be open to public view and inspection during the entire time of prosecution of the work and until completion of the same. 20.08.070 Emergency orders. Notwithstanding other provisions of this ordinance, whenever the building official finds that an emergency exists in any landmark or property within a historic district which requires immediate action to protect the public's health and safety or that of the occupants thereof, he may issue an order certifying that such conditions exist and requiring actions as are necessary to meet such emergency. Subsequent to the correction of an emergency, the owner of an affected property shall apply for and obtain a certificate of appropriateness and shall restore said property in conformance with the requirements of this ordinance. Chapter 20.10 Certificate of Economic Hardship 20.10.010 Certificate of Economic Hardship - In general. Notwithstanding any of the provisions of this title to the contrary, the Heritage Commission may issue a Certificate of Economic Hardship to allow for the performance of work for which a Certificate of Appropriateness has been denied. 20.10.020 Application procedure. Application for a Certificate of Economic Hardship shall be made on a form prepared by the Heritage Commission. The Heritage Commission shall schedule a public hearing concerning the application and provide notice in the same manner as in Sec- tion 20.06.040, and my person may testify at the hearing concerning economic hardship in the same manner as provided by Section 20.06.060. The Heritage Commission may solicit expert testimony or require that the appli- cant for a Certificate of Economic Hardship make submissions concerning any or all of the following information before it makes a determination on the application: A. Estimate of the cost of the proposed construction, alteration, removal or demolition and an estimate of my additional cost that would be incurred to comply with the recommendations of the Heritage Commission for changes necessary for the issuance of a Certificate of Appropriateness. B. A report from a licensed engineer or architect with experience in rehabilita- tion as to the structural soundness of my structures on the property and their suitability for rehabilitation. 15 C. Estimated market value of the property in its current condition; after comple- tion of the proposed construction, alteration, demolition, or removal; after any changes recommended by the Heritage Commission; and, in the case of a proposed demolition, after renovation of the existing property for continued use. D. In the case of a proposed demolition, an estimate from an architect, developer, real estate consultant, appraiser, or other real estate professional experienced in rehabil- itation as to the economic feasibility of rehabilitation or reuse of the existing structure on the property. E. 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 of record or applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer. F. 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 depreciation deduction and annual cash flow before and after debt service, if any, during the some period. G. Remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two (2) years. H. All appraisals obtained within the previous two (2) years by the owner or applicant in connection with the purchase, financing, or ownership of the property. I. Any listing of the property for sale or rent, price asked and offers received, if any, within the previous two (2) years. J. Assessed value of the property according to the two (2) most recent assessments. K. Real estate taxes for the previous two (2) years. L. Form of ownership or operation of the property, whether sole proprietorship, for-profit or not-for-profit corporation, limited partnership, joint venture, or other. M. Any other information, including the income tax bracket of the owner, appli- cant, or principal investors in the property considered necessary by the Heritage Commission to make a determination as to whether the property does yield or may yield a reasonable return to the owners. 20.10.030 Findings. A. If the Commission finds that without approval of the proposed work, the owner of the property cannot obtain a reasonable beneficial use and a reasonable economic return therefrom then the application shall be delayed for a period not to exceed ninety (90) days. During this period of delay, the Commission shall investigate alternatives and make recommendations to the City Council to allow for a reasonable beneficial use and a reasonable economic return from the property, or to otherwise preserve the subject property. Such plans and recommendations may include, but are not limited to: a relaxation of the provisions of the ordinance, a reduction in real property taxes, financial assistance, building code modifications or changes in zoning regulations. 16 ... B. If by the end of this ninety (90) day period, the Commission has found that without approval of the proposed work, the owner of the property cannot obtain a reasonable beneficial use and 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. 20.10.040 Appeals. When a Certificate of Appropriateness or a Certificate of Economic Hardship is approved or denied by the Heritage Commission for either a landmark or a structure within a historic district, the applicant may, within thirty (30) days, appeal the Commission's decision to the City Council. The Council may receive comments on the contents of the record but no new matter may be considered by the Council. The City Council may affirm the decision or recommend changes by a majority vote of a quorum of the Council after due consideration of the facts contained in the record submitted to the Council by the Commission. The Council may overturn the Commission's decision by a majority vote of the Council. Chapter 20.12 Miscellaneous Provisions 20.12.010 Designation of existing historic district. The area designated on the map attached hereto and made a port hereof by reference as Exhibit A, being the same Elgin Historic District designated in the 1981 resolution adopted by the Elgin City Council on March 11, 1981, is hereby established and designated as a historic district pursuant to the terms and provisions of this ordinance. 20.12.020 Additional proceedings to prevent violations. In addition to the enforcement of the requirements of this ordinance by the City of Elgin, any owner or tenant of real property within twelve hundred (1200) feet in any direction of property on which a violation of this ordinance is occurring who shows that his property or person will be substantially affected by the alleged violation, may institute appropriate proceedings to prevent the alleged violation as provided by statute. 20.12.030 Notice to Heritage Commission. The Director of the Planning Department shall provide notice in writing to the Chairman of the Heritage Commission at least thirty (30) days in advance of forthcoming public hearings regarding zoning, special use or variation petitions involving designated properties. Additionally, the building official shall provide notice in writing to the Chairman of the Heritage Commission at least sixty (60) days in advance of plans by the City of Elgin to alter or demolish a designated property owned by the City. 20.12.040 Technical assistance for application of design guidelines to interior features. Notwithstanding other provisions of this ordinance, the Building Official, or his designee, shall provide technical assistance as to the application of design guidelines for proposed work on interior features of my landmark or of any property within a historic district when specifically requested by the owner of record. 17 • 20.12.050 Affirmation of existing codes and ordinances. Nothing contained in this title shall supersede the powers of other local legislative or regulatory bodies, or relieves any property owner from complying with the require- ments of any other applicable codes and ordinances. Specifically, this ordinance shall not be construed to modify any applicable code or ordinance. 20.12.060 Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Chapter 20.14 Penalties 20.14.010 Violation and penalty. Any person who undertakes or causes any alteration, construction, removal or demolition of any nominated or designated landmark or property within a nominated or designated historic district without a Certificate of Appropriateness or a Certificate of Economic Hardship 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) and shall also be required to restore the building or structure and its site to its appearance prior to the violation. Every day each such violation shall continue to exist shall constitute a separate violation." Section 3. That all ordinances or parts of ordinances in conflict with the provi- sions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by lad' s/ George Van De Voorde George VanDeVoorde, Mayor Presented: January 13, 1988 Passed: January 27 , 1988 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk 18