G64-95 Ordinance No. G64-95
AN ORDINANCE
AMENDING TITLE 20 OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, BY ADDING CHAPTER 20 . 15 ENTITLED
"HISTORIC/ARCHITECTURAL REHABILITATION GRANT PROGRAM"
WHEREAS, certain areas of the City of Elgin are
characterized by older, historically/architecturally
significant residential structures which tend to require
substantial expenditures for historic/architectural
rehabilitation; and
WHEREAS, the City of Elgin has budgeted funds for a grant
program designed to encourage and assist property owners in
such areas with the historic/architectural rehabilitation of
historically/architecturally significant residential
structures; and
WHEREAS, the geographical area described herein as the
target area for the historic/architectural rehabilitation
program has been determined to contain
historically/architecturally significant residential
structures in need of substantial rehabilitation; and
WHEREAS, the City of Elgin is a home rule unit within the
meaning of the Constitution of the State of Illinois and is
authorized to exercise any power and perform any function
relating to its government and affairs; and
WHEREAS, it is within the government and affairs of the
City of Elgin and in the interest of the public health,
safety, and welfare to promote the historic/architectural
rehabilitation of historically/architecturally significant
residential structures and the stabilization of older
neighborhoods in the City of Elgin.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ELGIN, ILLINOIS:
Section 1 . That Title 20 entitled "Designation and
Preservation of Historically and Architecturally Significant
Property" of the Elgin Municipal Code, 1976, as amended, be
and is hereby further amended by adding Chapter 20 . 15 entitled
"Historic/Architectural Rehabilitation Grant Program" to read
as follows :
Chapter 20 . 15
HISTORIC/ARCHITECTURAL REHABILITATION GRANT PROGRAM
20 . 15 . 010 TITLE.
This program shall be entitled the
"Historic/Architectural Rehabilitation Grant
Program" of the City of Elgin.
20 . 15 . 020 PURPOSE.
The purpose of this ordinance is to provide a
financial incentive to encourage private investment
in the exterior rehabilitation and restoration of
historically/architecturally significant residential
structures, particularly those located in designated
historic districts .
20 . 15 . 030 ESTABLISHMENT.
There is hereby established an
Historic/Architectural Rehabilitation Grant Program
for the City of Elgin. Applications for program
participation shall be processed in the order in
which they are received. Grants for the program
established may be made until funds budgeted for
such use are exhausted.
20 . 15 . 040 ADMINISTRATION.
The administration of the provisions of this
chapter is hereby assigned to the Director of the
Department of Code Administration and Neighborhood
Affairs (Director) , or the Director' s designee.
Applications hereunder shall be made to the
Department of Code Administration and Neighborhood
Affairs which shall have the authority and
responsibility for carrying out the provisions of
this chapter. The Director shall establish any
reasonable rules and procedures not otherwise
established by this chapter that are deemed
necessary for administration of the
Historic/Architectural Rehabilitation Grant
Program. Such rules and procedures shall be written
and published in pamphlet form.
20 . 15 . 050 HISTORIC/ARCHITECTURAL REHABILITATION GRANT
PROGRAM.
A. Eligible Activities . Grants for the
exterior historic/architectural rehabilitation of
historically significant residential structures
shall be limited to actual out-of-pocket costs
incurred in meeting the requirements of the
Secretary of the Interior' s Standards for
Rehabilitation and Guidelines for Rehabilitating
Historic Buildings . Program participation and
historic/architectural rehabilitation activities
must result in full compliance with such standards
as they apply to the exterior of the structure. In
addition, eligible properties must be brought into
full compliance with the current, adopted BOCA
Property Maintenance Code prior to participation in
the Historic/Architectural Rehabilitation Grant
Program.
B. Applicant Qualifications . Eligible
applicants shall include any person who:
1 . Owns a lawful, conforming,
historically/architecturally significant
residential structure which is in compliance
with all applicable codes and contains no more
than four (4 ) dwelling units; and
2 . Is at least eighteen ( 18) years of
age.
C. Grants . The amount of any grant shall be
determined by the Director of the Department of Code
Administration and Neighborhood Affairs, or the
Director' s designee, in accordance with an approved
estimate of cost for eligible exterior
historic/architectural rehabilitation work. Grants
shall be limited to fifty percent (50%) of eligible,
approved project construction costs and applicable
to a minimum of $5, 000 and a maximum of $20, 000,
with no grant to exceed $10,000 .
D. Partial Grants . Partial grants for
completed historic/architectural rehabilitation
activities may be allowed if the applicant ' s
financial ability to participate in the program is
dependent upon the phasing of work.
E . Conditions - Agreement Required. Program
participation shall require the execution of an
agreement between the applicant and the City of
Elgin. The Director of the Department of Code
Administration and Neighborhood Affairs, or the
Director' s designee, is authorized to execute the
agreement on behalf of the city. The agreement
shall include, but is not limited to, requirements
for the applicant as follows :
1 . The applicant shall obtain a
Certificate of Appropriateness for any
construction work to be performed on the
residential structure which is the subject of
the agreement.
2 . The applicant shall complete the
historic/architectural rehabilitation of the
residential structure which is the subject of
the agreement in compliance with the Secretary
of the Interior' s Standards for Rehabilitation
and Guidelines for Rehabilitating Historic
Buildings and in conformance with the
Certificate of Appropriateness within a twelve
( 12 ) month period from the date of the
execution of the agreement.
3 . The applicant shall retain ownership
of such rehabilitated structure for a period
not less than twelve ( 12 ) months following the
historic/architectural rehabilitation
completion date as approved by the Director of
the Department of Code Administration and
Neighborhood Affairs, and may not convey such
real property, in whole or in part, during said
period.
20 . 15 . 060 PROGRAM - GENERAL.
A. Evaluations Required. The Director of the
Department of Code Administration and Neighborhood
Affairs shall evaluate, or cause to be evaluated,
all premises for which grants are sought pursuant to
the terms of this ordinance for compliance with the
current, adopted BOCA Property Maintenance Code, the
Elgin Municipal Code (EMC) Title 19 - Zoning
Ordinance, and any other applicable codes and
ordinances . Such evaluation shall be made prior to
the execution of any agreement for a grant in order
to confirm compliance with codes and ordinances, and
to determine the scope of the historic/architectural
rehabilitation project. A second evaluation shall
be made following completion of work, and prior to
the payment of a final grant, to confirm compliance
with the Secretary of the Interior' s Standards for
Rehabilitation and Guidelines for Rehabilitating
Historic Buildings and conformance with the
Certificate of Appropriateness .
B. Applications and Guidelines . The Director
of the Department of Code Administration and
Neighborhood Affairs, or the Director' s designee, is
hereby authorized and directed to prepare and
distribute the appropriate application forms and
operational guidelines for the implementation of
this ordinance.
C. Limitations . Grants authorized under this
chapter shall be limited to the reimbursement of
actual expenses incurred for eligible
historic/architectural rehabilitation work, shall be
payable only upon satisfactory proof of payment for
historic/architectural rehabilitation work, and
shall be limited to the amount approved at the time
of execution of the historic/architectural
rehabilitation grant agreement. No grants shall be
approved for any historic/architectural
rehabilitation, repair, reconstruction, or
accessibility improvement activities initiated or
completed prior to the execution of the
historic/architectural rehabilitation grant
agreement.
D. Failure to Perform. Failure to perform
the obligations of the historic/architectural
rehabilitation grant agreement shall require the
applicant to make repayment of any grant monies
received.
E. Penalty for Misrepresentation. Any person
who willfully makes any false statement or
misrepresentation in obtaining a grant under the
provisions of this chapter shall be subject to a
fine of not less than one hundred ( 100) nor more
than five hundred (500) dollars and shall forfeit
the right to future participation in any property
improvement program authorized under the Elgin
Municipal Code. Such person shall also repay any
monies received pursuant to this ordinance.
20 . 15 . 070 PROGRAM TARGET AREA DESCRIPTION.
The area designated on the map attached to the
ordinance codified in this title and made a part of
this title 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 established and designated as a
historic district pursuant to the terms and
provisions of this chapter.
Section 2 . That Chapter 20 .04 entitled "Definitions" of
the Elgin Municipal Code, 1976 , as amended, be and is hereby
further amended by adding Section 20 . 04 . 066 to read as follows :
20 . 04 . 066 HISTORIC/ARCHITECTURAL REHABILITATION.
The preservation and replacement of those
portions and features, or the replacement of missing
portions and features of a structure which
contribute to its historic, architectural, and
cultural value.
Section 3 . That Chapter 20 . 04 entitled "Definitions" of
the Elgin Municipal Code, 1976, as amended, be and is hereby
further amended by adding Section 20 . 04 . 067 to read as follows :
20 . 04 . 067 HISTORICALLY/ARCHITECTURALLY SIGNIFICANT
RESIDENTIAL STRUCTURE.
A residential structure listed as a significant
or contributing structure, or a structure having the
potential to be listed as a significant or
contributing structure as a result of
historic/architectural rehabilitation, within an
Elgin Historic District; or a residential structure
designated as a landmark, or listed in the National
Register of Historic Places .
Section 4 . That Chapter 20 . 04 entitled "Definitions" of
the Elgin Municipal Code, 1976, as amended, be and is hereby
further amended by adding Section 20 . 04 . 028 to read as follows :
20 . 04 . 028 CITY COUNCIL.
The City Council of the City of Elgin.
Section 5 . That Chapter 20 . 04 entitled "Definitions" of
the Elgin Municipal Code, 1976, as amended, be and is hereby
further amended by deleting Section 20 . 04 . 045 .
Section 6 . That Chapter 20 . 04 entitled "Definitions" of
the Elgin Municipal Code, 1976, as amended, be and is hereby
further amended by adding Section 20 . 04 . 071 to read as follows :
20 . 04 . 071 LAWFUL, CONFORMING RESIDENTIAL STRUCTURE .
A residential structure determined by the city
to be lawful and conforming with respect to use
under the Elgin Municipal Code (EMC) Title 19 -
Zoning Ordinance.
Section 7 . That Chapter 20 . 04 entitled "Definitions" of
the Elgin Municipal Code, 1976 , as amended, be and is hereby
further amended by adding Section 20 . 04 . 078 to read as follows :
20 . 04 . 078 PROPERTY MAINTENANCE CODE.
The Building Officials and Code Administrators
Property Maintenance Code as amended and adopted by
the City Council of the City of Elgin.
Section 8 . That Chapter 20 . 04 entitled "Definitions" of
the Elgin Municipal Code, 1976 , as amended, be and is hereby
further amended by adding Section 20 . 04 . 091 to read as follows :
20 . 04 . 091 RESIDENTIAL STRUCTURE.
A structure used exclusively as a dwelling unit
and for other uses permitted as accessory to a
dwelling unit under the Elgin Municipal Code (EMC)
Title 19 - Zoning Ordinance.
Section 9 . That Chapter 20 . 04 entitled "Definitions" of
the Elgin Municipal Code, 1976, as amended, be and is hereby
further amended by adding Section 20 . 04 . 093 to read as follows :
20 . 04 . 093 STANDARDS FOR REHABILITATION.
The Secretary of the Interior' s Standards for
Rehabilitation and Guidelines for Rehabilitating
Historic Buildings as promulgated by the U.S.
Department of the Interior, National Park Service,
Preservation Assistance Division.
Section 10 . That all ordinances or parts of ordinances in
conflict with the provisions of this ordinance be and are
hereby repealed.
Section 11 . That this ordinance shall be in full force
and effect ten days after its passage in the manner provided
by law.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: August 23, 1995
Passed: August 23, 1995
Omnibus Vote: Yeas 7 Nays 0
Recorded: August 24, 1995
Published:
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk