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G29-01 CITY OF ELGIN ORDINANCE NO. G29-01 AN ORDINANCE AMENDING TITLE 20 OF THE ELGIN MUNICIPAL CODE, 1976,AS AMENDED, ENTITLED "HISTORIC PRESERVATION" PASSED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 9TH DAY OF MAY 2001 r Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 11th day of May 2001. folk 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 May 9, 2001, the Corporate Authorities of such municipality passed and approved Ordinance No. G29-01, which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G29-01, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building commencing on May 11, 2001, 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 May 11, 2001. Municipal Clerk (SEAL) Ordinance No. G29-01 AN ORDINANCE AMENDING TITLE 20 OF THE ELGIN MUNICIPAL CODE, 1976 , AS AMENDED, ENTITLED "HISTORIC PRESERVATION" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That Section 20 . 04 . 005 of the Elgin Municipal Code, 1976, as amended, entitled "Definitions Generally" be and is hereby amended to read as follows : 20 . 04 . 004 DEFINITIONS GENERALLY "Unless specifically defined below, or unless specifically defined in Title 19 of this code, words or phrases in this title shall be interpreted in accordance with definitions contained in Webster ' s Dictionary. " Section 2 . That Section 20 . 04 . 010 of the Elgin Municipal Code, 1976, as amended, entitled "Terms Defined" be and is hereby amended by adding the following additional defined term thereto to read as follows : 20 . 04 . 010 TEMPORARY ACCESSORY STRUCTURE "A structure which is subordinate in purpose to; which is customarily and traditionally designed, intended and used incidental to; and which is located on the same zoning lot as the principal structure served and which is established for a fixed period of time with the intent to discontinue and remove such structure on the expiration of the time period which shall not exceed four (4) years . Examples of Temporary Accessory Structures include a contractor' s office, a development sales office and a modular classroom. " Section 3 . That Title 20 of the Elgin Municipal Code, 1976, as amended, entitled "Historic Preservation" be and is hereby further amended by adding Chapter 20 . 11 thereto entitled "Certificate for Temporary Accessory Structures" to read as follows : "CHAPTER 20 . 11 CERTIFICATE FOR TEMPORARY ACCESSORY STRUCTURES 20 . 11 . 010 ISSUANCE - LIMITATIONS Notwithstanding any of the provisions of this title to the contrary, the Heritage Commission may issue a certificate to allow for a Temporary Accessory Structure which does not conform to the Design Guidelines to be located on any designated landmark property or any property within a historic district . No Temporary Accessory Structure which does not conform to the Design Guidelines shall be located on any designated landmark property or any property within a historic district for a period of time which exceeds four (4) years . No Temporary Accessory Structure which does not conform to the Design Guidelines shall be used as a residential dwelling unit or for any residential purpose . Temporary Accessory Structures shall comply with all other codes and ordinances . 20 . 11 . 020 APPLICATION Application for a certificate to allow for a Temporary Accessory Structure shall be made on a form prepared by the Heritage Commission. Such application shall include at a minimum the following information: A. A description of the proposed Temporary Accessory Structure including materials, floor plan and elevations; B. A site plan of the property in question depicting the location of any existing structures and of the location of the proposed Temporary Accessory Structure; C. Information establishing that the Temporary Accessory Structure would be located and constructed in such a manner that when removed in the future the essential form and the integrity of the historic property upon which the temporary accessory structure is proposed to be located would be unimpaired; D. Information establishing the cost of the proposed Temporary Accessory Structure as compared to the estimated cost of a permanent structure which would comply with the Design Guidelines; E. A statement identifying the proposed time period the Temporary Accessory Structure is to be located on the historic property; and F. A statement describing why the applicant is not presently proceeding with the construction of a permanent structure which conforms to the Design Guidelines . 20 . 11 . 030 HEARING PROCEDURE The Heritage Commission shall schedule a public hearing concerning the application for a Certificate for a Temporary Accessory Structure and provide a publication notice in the same manner as in Section 20 . 06 . 040 of this title, and any person may testify at the hearing concerning the proposed Temporary Accessory Structure in the same manner as provided by Section 20 . 06 . 060 of this title. 20 . 11 . 040 FEES Each application submitted to the Heritage Commission pursuant to this chapter shall be accompanied by a fee in the amount of $25 . 00 . An application submitted without this fee shall have no effect under this title . In addition to the application fee, each applicant shall pay for the costs of providing an accurate, verbatim account of the public hearing. A deposit of $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 . 20 . 11 . 050 FINDINGS AND DECISION If the Heritage Commission finds 1) that it would be unreasonable or impracticable to require an applicant to construct a permanent structure which conforms with the Design Guidelines rather than the proposed Temporary Accessory Structure, and 2) the Temporary Accessory Structure would be located and constructed in such a manner that when removed in the future the essential form and the integrity of the historic property upon which the Temporary Accessory Structure is proposed to be located would be unimpaired then the commission shall issue a certificate for the proposed Temporary Accessory Structure . If the commission finds otherwise, it shall deny the application for a certificate for a Temporary Accessory Structure . A certificate for a Temporary Accessory Structure shall be issued for the time period as requested in the application therefore but in no event shall exceed four (4) years . 20 . 11 . 060 REMOVAL OF TEMPORARY ACCESSORY STRUCTURE A Temporary Accessory Structure for which a certificate has been issued pursuant to this chapter shall be removed upon the expiration of the certificate authorizing such Temporary Accessory Structure . It is unlawful for any person who is the owner of property upon which a Temporary Accessory Structure is located for which a certificate has been issued pursuant to this chapter to fail to remove such Temporary Accessory Structure upon the expiration of the certificate issued therefor. If the owner of property upon which a Temporary Accessory Structure is located fails to remove such Temporary Accessory Structure upon the expiration of the certificate issued therefor, the city may file an action in the circuit court complaining of a violation of the provisions of this chapter and requesting an order commanding the owner to remove the Temporary Accessory Structure or alternatively requesting an order authorizing entry onto the subject property to remove the Temporary Accessory Structure and for such other relief as may be provided by law. 20 . 11 . 070 LIEN If the Temporary Accessory Structure is removed by the city or by someone directed to remove the Temporary Accessory Structure on behalf of the city, a notice of lien of the cost and expense thereof incurred by the city shall be recorded in the following manner: The city or the person performing the service by authority of the city, in its or his own name, may file notice of lien in the Office of the Recorder of Deeds in the county in which said real estate is located. The notice of lien shall consist of a sworn statement setting out a description of the real estate sufficient for identification thereof, the amount of money representing the cost and expense incurred or payable for the service, and the date or dates when said costs or expenses were incurred by the city, and shall be filed within sixty (60) days after the cost and expense is incurred. For the purpose of this chapter cost and expense shall be a sum equal to the cost of removal of the Temporary Accessory Structure plus an administrative fee equal to the actual cost of removal of the Temporary Accessory Structure, but not less than $100 . 00 nor more than $500 . 00 to cover general overall overhead, inspection expenses, location of and notice to owner, and incidental and related actions . Upon filing of a notice of lien as provided herein, the city shall have a lien upon the land described therein and upon which the Temporary Accessory Structure removal or other service have been made to seek secure costs and expenses thereof and nine (9%) interest per year on the amount which interest shall begin accruing sixty (60) days after the cost is incurred. Such lien shall be in addition to and shall not constitute a waiver of additional penalties, including, but not limited to, fines, as may be available by law. After notice of lien has been filed, a release of lien shall be issued upon payment of the costs, expenses and interest as provided herein. The parties seeking the relief shall be responsible for filing same in the Office of the Recorder of Deeds for the appropriate county. 20 . 11 . 080 APPEALS When a certificate for a Temporary Accessory Structure is denied by the Heritage Commission, the applicant may, within thirty (30) days, appeal the commission' s decision to the city council . The city council may affirm the decision or recommend changes by a majority vote of a quorum of the city council after due consideration of the facts contained in the records submitted to the city council by the commission. The city council may overturn the commission' s decision by a majority vote of the city council . " Section 4 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 5 . That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. Ed Schock, Mayor Presented: May 9, 2001 Passed: May 9, 2001 Vote : Yeas 6 Nays : 0 Recorded: May 10 , 2001 Published: May 11, 2001 Attest : Dolonna Mecum, tity Clerk