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G70-94 • .. 1M 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. 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. 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 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. s/ George VanDeVoorde George 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: s/ Dolonna Mecum Dolonna Mecum, City Clerk rElin Agenda Item No. 1(: November 9, 1994 TO: Mayor and Members of the City Council FROM: Richard B. Heiwig, City Manager SUBJECT: Revision of the Elgin Historic Preservation Ordinance (Title 20) PURPOSE The purpose of this memorandum is to revise Chapter 20.08, Certificate of Appropriateness (COA) , of the Elgin Historic Preservation Ordinance in order to formally recognize an existing process for reviewing COAs. BACKGROUND On October 28, 1994, the City of Elgin submitted an applica- tion to the Illinois Historic Preservation Agency (IHPA) for consideration of status as .a Certified Local Government (CLG) (see Attachment 1) . Such status would enable the City of Elgin to compete for limited federal funding in support of the historic preservation program. For example, two grant appli- cations have been submitted to the IHPA in anticipation of receiving CLG status. If approved, these grants would reim- burse approximately $12,000 to the City for work done next year in implementing an architectural survey of the Spring/Douglas corridor and development of historic district design guidelines . Designation of Elgin as a Certified Local Government and hence, consideration of any grant pre-applications, are con- tingent upon the revision of the Certificates of Appropriate- ness. The IHPA identified the existing COA review process as a deficiency in Elgin's historic preservation program in 1989 and reconfirmed this observation during conversations with staff in July, 1994 (see Attachment 2) . At present, Chapter 20.08 of the Elgin Historic Preservation Ordinance enables the building official, or his designee, the authority to approve or deny all COA applications (see Attach- ment 3) . The Elgin Heritage Commission (EHC) is limited to reviewing only appeals to the decisions made by the building official, or his designee. rRevision of the Elgin Historic Preservation Ordinance November 4, 1994 Page 2 The revised ordinance will formally provide for EHC review of COA applications for new and/or expansion projects within any historic district. The Illinois Historic Preservation Agency has suggested a process whereby a Design Review Subcommittee of the EHC would review nonroutine COAs in a timely manner. The subcommittee would meet twice a month. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Elgin Heritage Commission. FINANCIAL IMPACT None. LEGAL IMPACT None. RECOMMENDATION rIt is recommended the Historic Preservationist work with the Legal Department to make all appropriate revisions to the Elgin Historic Preservation Ordinance at this time. An ordi- nance change should be prepared for the December 14, 1994 meeting of the City Council to advance consideration of Elgin's status as a Certified Local Government, including pending grant pre-applications. Respectfu , su. itt=• , o- 10/ 400 H.Oel We.b, Director Department of Code Administration Richard B. Helwig City Manager HCJW/trh • • • ATTACHMENT 1 • 1 CITY OF ELGIN 150 DEXTER COURT ELGIN, ILLINOIS 50120.5555 • October 19, 1994 : • Michael Ward • Local Government Services Coordinator Old State Capitol Springfield, IL 62701 • Dear Mr. Ward: The City of Elgin, Illinois hereby submits its application to become a Certified Local Government as provided for in the National Historic Preservation Amendments Act of 1980. Oft Our local government of Elgin, has satisfied the minimum requirements for certification as spelled out in Illinois ' Procedures for the Certified Local Government Program. Accompanying this letter are all the documents as requested on the application for certification. Should you need any additional materials or have any questions, please call Ian E. Cordwell at (708) 931-5943 . Sincerely, • George VanDeVoorde Mayor • • GV/trh • enclosures • • • • r • ATTACHMENT 2 (rook Illinois Historic V". a." Preservation Agency Mad State Capitol • Springfield, Illinois 4 6Z 7 01 u 1 7)712-4136 i August 16, 1989 • Ms. Pat Miller 166 South Gifford Elgin, IL 60120 Dear Ms. Miller: Enclosed; as per our recent telephone conversation is information about the Certified Local Government program. I have reviewed the Elgin preservation ordinance; and have determined that the procedures outlined in the Certificate of Appropriateness process are inconsistent with the CLG program guidelines. The ordinance gives the city building official full authority to approve or deny a Certificate. The /* Heritage Commission only reviews appeals of the building official's decision. To be consistent with the CLG program, the Commission should review 411 Certificates of Appropriateness and make the final decision to approve or deny them. In the interest of speeding up the review process; many communities give staff the authority to review and approve routine work items. while more problematic issues are referred to the Commission for review. Many communities also appoint a design review sub-committee of the commission, that meets on an as-needed basis to review the Certificates. Such systems are in place in Evanston, Chicago, and Bloomington, for example. Information relatin to their programs is enclosed. You may also wish to contact the other CLG communities directly to discuss how their review process works. I hope that this information is helpful. Please feel free to contact me at (217)785-4512 if our office can be of further assistance. • Sincerely; coli;;;;;L. • Michael Ward Local Government Services Coordinator :cso Enclosures • • r . , . _ .. ATTACHMENT 3 • Certificate of Appropriateness taw 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 . • • . . • • • r A. Any construction, alteration, removal or demolition requiring a building permit from the City of Elgin. B. Any construction, alteration, removal or demolition affecting 0 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 mode to the building official. The building officio!, 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 mode to the building official on a form prepared by the Heritage Commission and available of 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 on application for o 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 Stondords for Rehabilitation and Guidelines for Rehabilitating Historic Buildings as a stondord 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 reopply 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 f Appropriateness be denied may be appealed to the Heritage Commission. All such appeals must be mode 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 , . • . r 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 some. 20.08.070 Emergency orders. Notwithstanding other provisions of this ordinance, whenever the building official finds that an emergency exists in any landmark a 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 on 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 sold 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 Certificate of Economic Hardship shall be mode on a form prepared by the Heritage Commission. The Heritoge Commission shall schedule a public hearing concerning the application and provide notice in the some manner as in Sec- tion 20.06.040, and any person may testify at the hearing concerning economic hardship • in the some 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 any additional cost that would be incurred to comply with the recommendations of the Heritage.Commission for changes necessary for.the issuance . `�f a Certificate of Appropriateness. B. A report'from a licensed engineer or architect with experience In rehabilito- • Lion as to the structural soundness of any structures on the property and their suitability for rehabilitation.