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Home My WebLink AboutG70-94 (2) CITY OF ELGIN ORDINANCE NO. G70-94 AN ORDINANCE AMENDING THE PROCEDURES FOR OBTAINING CERTIFICATES OF APPROPRIATENESS ADOPTED BY THE eft CITY COUNCIL OF THE CITY OF ELGIN ON THIS 14TH DAY OF DECEMBER, 1994 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 15th day of December, 1994 . eft STATE OF ILLINOIS ss . COUNTY OF KANE ) CERTIFICATE I, Dolonna Mecum, certify that I am the duly appointed and acting municipal clerk of the City of Elgin, Cook and Kane Counties, Illinois . I further certify that on December 14, 1994, the Corporate Authorities of such municipality passed and approved Ordinance No. G70-94, entitled An Ordinance Amending the Procedures for Obtaining Certificates of Appropriateness, which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G70-94, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on December 15, 1994 , and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk. DATED at Elgin, Illinois, on December 15, 1994 . Municipal Clerk (SEAL) Ordinance No. G70-94 AN ORDINANCE AMENDING THE PROCEDURES FOR OBTAINING CERTIFICATES OF APPROPRIATENESS WHEREAS, Chapter 20 . 08 of the Elgin Municipal Code, 1976 , as amended, provides for the procedures for the application and issuance of Certificates of Appropriateness for property within the City' s Historic District; and WHEREAS, in order for the City to qualify as a Certified Local Government with the Illinois Historic Preservation Agency, it is necessary to amend the procedures within Chapter 20 . 08 so as to provide for applications for Certificates of Appropriateness to be made to the Heritage Commission instead of the Building Official; and WHEREAS, the City Council has determined it is necessary and desirable for the City to become a Certified Local Government with the Illinois Historic Preservation Agency and such status would enable the City to compete for federal funding in support of the City' s Historic Preservation Program. fek NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1 . That Section 3 . 70 . 055 of the Elgin Municipal Code, 1976, as amended, be and is hereby added to read as follows : "3 . 70 . 055 Design Review Subcommittee. A. Subcommittee Created. There is created the Design Review Subcommittee of the Elgin Heritage Commission. The Design Review Subcommittee shall be responsible for receiving applications for and issuing or denying Certificates of Appropriateness as provided in Chapter 20 . 08 of this code. B. Composition. The Design Review Subcommittee shall be composed of four (4 ) members from the Heritage Commission. Members of the Subcommittee shall be elected by the entire Heritage Commission. C. Terms . The terms of the members of the Design Review Subcommittee shall be for one ( 1) year. Elections for the Design Review Subcommittee shall be held by the Heritage Commission in June of each year. ew. D. Officers . Officers of the Design Review Subcommittee shall consist of a chairman and a vice-chairman elected by the commission. The chairman shall preside over meetings of the subcommittee. In the absence of the chairman, the vice chairman shall perform the duties of the chairman. E. Meetings . The Design Review Subcommittee shall meet upon the call of the chairman. No business shall be conductd by the Design Review Subcommittee without the presence of a quorum of three ( 3) members . All actions of the Subcommittee shall be made by a majority vote of the members at any meeting where a quorum is present. " Section 2 . That Section 20 . 08 . 020 of the Elgin Municipal Code, 1976, as amended, be and hereby is further amended to read as follows : "20 . 08 . 020 Application and Approval Process . A. Applications to Design Review Subcommittee. Applications for a Certificate of Appropriateness, including the accompanying plans and specifications, shall be made to the Design Review Subcommittee of the Heritage Commission. The Design Review Subcommittee shall issue or deny a Certificate of Appropriateness within thirty (30) days of the receipt of a completed application. The Design Review Subcommittee 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. B. Administrative Approvals . The building official, or his designee, may issue Certificates of Appropriateness for certain routine or emergency kinds of work applications as specified by the Heritage Commission in its rules . The Heritage Commission shall adopt rules specifying routine or emergency kinds of work applications which may be processed by the building official or his designee. " Section 3 . That Section 20 . 08 . 030 of the Elgin Municipal Code, 1976 , as amended, be and is hereby further amended to read as follows : "20 . 08 . 030 Design Guidelines . In considering an application for a Certificate of Appropriateness, the Heritage Commission and the Design Review Subcommittee shall apply the Secretary of the United States Department of Interior Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings as a standard for whether to issue such certificates, and other guidelines which may be adopted from time to time. " Section 4 . That Section 20 . 08 . 040 of the Elgin Municipal Code, 1976 , as amended, be and is hereby further amended to read as follows : "20 . 080 . 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 Design Review Subcommittee of the Heritage Commission shall make recommendations to the applicant concerning changes, if any, in the proposed action that would cause the Design Review Subcommittee to reconsider its denial and shall confer with the applicant and attempt to resolve as quickly as possible the differences between the applicant and the Design Review Subcommittee. The applicant may submit an amended application or reapply for a Certificate of Appropriateness that takes into consideration the recommendations of the eft Design Review Subcommittee. " Section 5 . That Section 20 . 08 . 050 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows : "20 . 08 . 050 Appeals . A determination by the Design Review Subcommittee of the Heritage Commission that an application for a Certificate of Appropriateness be denied may be appealed to the entire 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 same manner as provided by Sections 20 . 06 . 040 and 20 . 06 . 060 . In considering such appeals the Commission shall use the decision guidelines as provided in Section 20 . 08 . 030 . The Commission shall render a decision on an appeal within ten ( 1) 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 . " Section 6 . That Section 20 . 08 . 080 be and is hereby added to the Elgin Municipal Code, 1976, as amended, to read as follows : "20 . 08 . 080 . Other Permit Requirements . The issuance of a Certificate of Appropriateness shall not relieve a person from obtaining other permits as required by this Code, including but not limited to, a building permit or demolition permit. The building official shall not issue a building permit, demolition permit, or other permits for work affecting the exterior architecture appearance of a designated landmark or of a property within a designated historic district until a Certificate of Appropriateness has been issued. " Section 7 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 8 . That this ordinance shall be in full force and effect ten days after its passage and publication in the manner provided by law. eft Geo� VanDeVoorde, Mayor Presented: December 14, 1994 Passed: December 14, 1994 Omnibus Vote: Yeas 7 Nays 0 Recorded: December 15, 1994 Published: December 15, 1994 Attest: CY- C-t�fi1..- Dolonna Mecum, City lerk tom-