G60-08 Ordinance No. G60-08
AN ORDINANCE
AMENDING TITLE 19 OF THE
ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
ENTITLED, "ZONING" BY ADDING A NEW CHAPTER 19.14
THERETO ENTITLED "ARCHITECTURAL DESIGN REVIEW"
WHEREAS, the City Council of the City of Elgin finds that excessive similarity,
dissimilarity or inappropriateness in exterior design in appearance of buildings, awnings, signs,
fences and other structures in relation to the prevailing appearance of property in the vicinity
thereof adversely effects the desirability of immediate and neighboring areas, is aesthetically
harmful and it impairs the benefits of occupancy of existing properties in such areas, prevents the
most appropriate use of real estate and the most appropriate development of such areas, produces
degeneration of property in such areas with attendant deterioration of conditions affecting the
public health, safety, comfort, morals and well-being of citizens, and deprives the city of
potential tax revenue which it could otherwise receive; and
WHEREAS, the purposes of the architectural review process and the design regulations
as set forth in this ordinance are to protect, preserve and enhance the natural and architectural
environment of the city, to protect and enhance property values, and to promote the health, safety
and welfare of the city and its residents; and
WHEREAS, 65 ILCS 5/11-13.1 authorizes municipalities to establish local standards
solely for the review of the exterior designs of buildings and structures; and
WHEREAS, the City of Elgin is a home rule unit authorized to exercise any power and
perform any function pertaining to its government and affairs; and
WHEREAS, architectural review and design standards regarding the exterior design of
buildings and structures which protect, preserve, enhance the character and architectural heritage
and quality of the city, protect, preserve, and enhance property values and promote the health,
safety and welfare of the city and its residents are matters pertaining to the government and
affairs of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That Title 19 entitled "Zoning," of the Elgin Municipal Code, 1976, as
amended, be and is hereby further amended by adding a new chapter 19.14 thereto entitled
"Architectural Design and Review" to read as follows:
CHAPTER 19.14: ARCHITECTURAL REVIEW AND DESIGN
19.14.100: Purpose and Intent:
The purpose and intent of the provisions of this Chapter is to protect, preserve, enhance
the character and architectural heritage and quality of the city, to protect, preserve, enhance
property values, and to promote the health, safety, and welfare of the city and its residents. It is
the goal of these regulations that each new building added to the city should compliment and
improve upon the architectural heritage of the city.
19.14.200: Supplementary Regulations:
Any word or phrase contained within this chapter followed by the symbol "[SR]" shall be
subject to the definitions and the additional interpreter of requirements provided in Chapter 19.90
of this Title. The exclusion of such symbol shall not exempt such word or phrase from the
applicable supplementary regulation.
19.14.300: Architectural Review Required:
Architectural review shall be required in connection with the construction of any new
building, structure, exterior and outdoor lighting system, or sign, or the alteration, enlargement,
remodeling of the exterior or any existing building, structure, exterior and outdoor lighting
system, or sign within the city requiring a building permit or other permit from the city. The
architectural review required by this section and in this chapter shall be limited to exterior
features only. The requirement for architectural review as provided in this Chapter may be
waived by the City Council as provided in Section 19.14.500B below. The requirement of
architectural review as provided in this Chapter shall also not apply to a property located within a
designated historic district or for any property which is a designated landmark pursuant to Title
20 of the Code, with architectural review for such properties to be provided pursuant to Title 20
of this Code, as amended.
19.14.400: Parties Entitled to Seek Architectural Review:
Applications for architectural review may be filed by the owner of, or any person having
a contractual interest in, the subject property.
19.14.500: Procedure:
A. Application. Applications for an architectural review permit shall be filed with
Development Administrator and shall include the following documents and information.
1. Application shall be made on forms provided by the Community
Development Division.
2. The owner's name and address and the owner's signed consent to the filing
of the application. Full disclosure of the ownership of all legal and
equitable interests in the subject property is required. For an application
filed by a corporation or partnership, such information shall also include
the names, addresses and telephone numbers of all officers. For
applications where the subject property is held in a trust, such information
2
shall also include the names, addresses, telephone numbers and the
beneficial interest of each beneficiary.
3. The applicant's name and address, if different from the owner, and his or
her interest in the subject property. If the applicant is not the owner of
record, a copy of the contract documentation, or an explanation of the
proprietary interest in the subject property of the applicant shall also be
included.
4. The names and addresses of all professional consultants, if any, advising
the applicant with respect to the application.
5. The address and legal description of the subject property.
6. Descriptions or graphic representations of the proposal for which approval
is being sought and of the existing zoning classification, use, and
development of the subject property and the adjacent area for at least 250
feet in all directions from the subject property. The scope and detail of
such description shall be appropriate to the subject matter of the
application, with special emphasis on those matters likely to be affected or
impacted by the approval being sought in the application.
7. Present uses and zoning classifications of the subject property.
8. Detailed plans depicting all work proposed to be done, including detailed
renderings of any exterior alterations and of the exterior of any proposed
new building. Such renderings shall include without limitation proposed
exterior colors, textures, and materials. Applications for any (a) proposed
new residential or commercial structure; (b) addition in excess of 120
square feet; and (c) accessory structure in excess of 120 square feet shall
also include scaled, color elevations of the proposed structure.
Additionally, any application for a new residential structure shall also
provide color perspectives of the proposed residential structure depicting
the structure's relationship to neighboring structures and to the overall site.
9. A statement of how the work proposed to be done advances the purpose
and goals set forth in Section 19.14.100 of this Chapter, and how such
work achieves or preserves the standards and considerations of
Sections 19.14.600 and 19.14.700 of this Chapter.
10. A statement of what disadvantage, if any, the applicant will suffer if the
work proposed to be done is not allowed.
11. In any case where a conditional use or a variation has been issued in
connection with the proposed work, a copy of such conditional use or
variation.
3
12. Applicants may be required to submit samples or manufacturer's
specifications of exterior materials proposed to be used upon the request
of the Development Administrator, the Zoning and Subdivision Hearing
Board or the City Council.
The Development Administrator upon the request of an applicant may waive the
requirement of the submittal of certain of the foregoing documents and information for proposed
work which is limited in scope and complexity.
B. Other approvals Required Prior to Architectural Review. In any case where the
proposed work requires the planned development approval, conditional use approval, variation
approval, sign permit approval, or other zoning approval, no architectural review permit shall be
granted unless and until such planned development approval, conditional use approval, variation
approval, sign permit approval, or other zoning approval has been issued. The issuance of any
planned development approval, conditional use approval, variation approval, sign permit
approval, or other zoning approval shall not be deemed to establish any right to the issuance of
an architectural review permit; provided, however, that the City Council, upon the affirmative
vote of the majority of the members then holding office, may waive the requirement of an
architectural review permit in connection with the approval of any planned development or
conditional use, upon the finding that the standards and consideration for architectural review
have been fully addressed as part of its deliberations.
C. Review and Time Limits. The Development Administrator shall promptly
process the application for architectural review upon the receipt of a completed permit
application upon payment of the permit fee by the applicant. The Development Administrator
shall notify the applicant within ten (10) days from the receipt of the application and the permit
fee of any deficiencies in the application. The Development Administrator shall grant or deny
the permit application within twenty (20) days from the date the complete application permit fee
was filed with the Development Administrator. If the Development Administrator fails to grant
or deny the permit application within the prescribed time period, the permit application shall be
deemed denied.
D. Approval or Denial. The Development Administrator, or his designee, shall
approve an application for an architectural review permit if the proposed work complies with the
building, electrical or other adopted codes with the city and with:
1. The standards and considerations for architectural review contained in this
Chapter; and
2. The design requirements for non-residential development contained in this
Chapter.
If the Development Administrator does not approve an application for an architectural
review permit, or if the Development Administrator places conditions on the approval of an
application for an architectural review permit, the Development Administrator shall state the
4
reasons for the denial in writing, or shall state the conditions for approval in writing, and shall
mail a certified copy of the reasons for denial, or the conditions for approval, to the address that
the applicant stated on the application.
E. Appeals. An applicant for an architectural review permit may appeal from any
decision of the Development Administrator disapproving an application or approving an
application subject to conditions that are unacceptable for the applicant pursuant to the
provisions of Chapter 19.75 of this Title. In any such appeal the applicant shall include a
statement of the applicant's position as to the alleged errors in the Development Administrator's
decision on the application and as to why approval of the application as filed is justified and
proper.
F. Hearing on Appeal. Notwithstanding any contrary provisions in Chapter 19.75
of this Title, the Zoning and Subdivision Hearing Board, or the City Council, as the case may be,
shall permit the applicant to speak in support of the application, and to present any additional
evidence relating thereto. The Zoning and Subdivision Hearing Board, or the City Council, may
also consider testimony from the Development Administrator or any other interested person. At
the conclusion of the hearing, the Zoning and Subdivision Hearing Board, or the City Council,
shall consider the work record on appeal, the testimony presented on appeal, and any other
evidence and determine whether the prior decision is consistent with the architectural review
standards and other provisions of this Chapter. The Zoning and Subdivision Hearing Board, or
the City Council, shall then vote on whether to affirm, reverse, or modify the prior decision.
Failure of the Zoning and Subdivision Hearing Board or the City Council to act within the time
period set forth in Chapter 19.75 hereof shall be deemed to be a decision denying the application
or affirming the conditions of approval thereof which were unacceptable to the applicant.
19.14.600: Standards and Consideration for Architectural Review:
In passing upon application for architectural review permits, the Development
Administrator, the Zoning and Subdivision Hearing Board, and the City Council shall consider
and evaluate the propriety of issuing said permit in terms of its effect on the stated purpose and
goals of architectural review and design. To that end, the Development Administrator, the
Zoning and subdivision Hearing Board and the City Council shall consider the appearance of a
proposed construction, alteration, enlargement, or remodeling project in terms of the quality of
its design and the relationship to its surroundings. A proposed project should harmonize with
and support the city's character, with special consideration accorded the preservation and
enhancement of landmarks and the preservation and enhancement of natural features, including
without limitation existing trees and landscaping. Furthermore, a project should be consistent
with all of the ordinances and regulations of the city, including without limitation the City of
Elgin Zoning Ordinance, Comprehensive Plan and Historic Preservation Ordinance. In addition,
the Development Administrator, the Zoning and Subdivision Hearing Board and the City
Council shall consider, among other factors, the following particulars:
A. Landmarks.
5
1. The quality of landmarks should be preserved by avoiding excessively
similar or dissimilar nearby buildings that detract from a landmark's
uniqueness.
2. Landmarks should not be dwarfed or obstructed from view by nearby
buildings.
B. Site Plan.
1. The site should be planned to meet, if not exceed, setbacks and to
establish, protect, and enhance buffer yards between properties and to
minimize disturbance to the natural landscaping on the site. Further, the
project should be designed to preserve and enhance natural features on the
site, including without limitation existing trees, wooded areas, buffer
yards, and landscaping.
2. Front and side yard setbacks should respect the setbacks found along the
block on which the building is sited.
3. Access to the site and circulation thereon should be safe and convenient
for pedestrians, cyclists, and vehicles.
4. The location, relationship and orientation of the primary and accessory
buildings and access driveways should be consistent with the established
pattern on the block and in the surrounding area.
5. Driveways should be located to maintain adequate space between cuts in
the streetscape.
6. Driveway and parking areas should be screened to reduce visual intrusions
into surrounding properties.
7. Screening or fencing should be consistent in design and materials with the
principal buildings on the subject and adjacent properties.
8. Monotony should be avoided.
9. Exterior lighting should be designed at a minimum to comply with the
lighting restrictions contained in this Title.
C. Elevations.
1. The scale and height of the project should be visually compatible with the
landscaping and topography of the site and with buildings on the site and
in the surrounding area.
r
6
2. The relationship of solids to voids in the front façade of a project should
be visually compatible with buildings, public ways and places to which it
is visually related.
3. The visual continuity of roofs and their contributing elements (such as
parapet walls, coping, and cornices) shall be maintained in building
development or redevelopment.
4. Monotony should be avoided.
5. Garage doors should be located or oriented, whenever possible, so that the
doors are not facing the front yard of the site.
D. Landscaping.
1. Landscaping plans should be consistent with the natural environment of
the site, adjacent properties, and the surrounding area; provided that, when
a site is open, suitable landscaping consistent with the wooded natures of
the city should be provided.
2. Existing natural features should be appropriately preserved and integrated
into the project. Under appropriate circumstances, a conservation strip
consisting of landscaping and natural growth but excluding lawns and any
impervious surface between adjacent properties would promote this
objective.
3. The project should be designed to meet, if not exceed, the buffer yard
requirements of this Title to maximum screening and buffering in order to
protect neighboring properties from the project.
E. Type, Color and Texture of Materials.
1. Materials should be new. If salvaged materials are proposed to be utilized,
such salvaged materials should be in excellent condition and of first-rate
quality.
2. Materials should be selected for both their durability and beauty.
3. Exterior materials should be consistent with those in the area, or those
originally intended for use in the area. This section is not intended and
shall not be construed to prohibit the use of substitute materials for doors,
windows and trim (e.g. replacement aluminum or vinyl windows).
4. A project that is obviously incongruous with its surroundings or unsightly
and grotesque should be avoided.
7
5. A project whose design or color may be distracting to vehicular traffic so
as to cause a safety hazard should be avoided
F. Vicinity Map.
1. Except in the CC 1 Center City Zoning District, the building layout should
maximize the distance between buildings on the site and buildings on
adjacent properties.
2. The building layout should maintain appropriate distances between
buildings on the site itself.
3. The size, scale, and nature of a building or project should not be
inconsistent with the planned city character for the area as expressed in the
comprehensive plan. Nor shall such building or project cause a substantial
depreciation in the property values of adjacent building, the neighborhood,
or the city.
4. The project should not unduly detract from the natural environment of the
site, adjacent properties, or the surrounding area.
ePw These criteria are not intended to restrict imagination, innovations, or variety, but rather
to seek to preserve and enhance the city's unique character.
19.14.700: Additional Architectural and Exterior Building Material Requirements for
Commercial, Industrial or Institutional Development:
In addition to the standards and consideration for architectural review as set forth in
Section 19.14.600, all commercial, industrial or institutional development involving the
construction of any new building, structure, exterior and outdoor lighting system, or sign, or the
alteration, enlargement, or remodeling of the exterior of any existing building, structure, exterior
and outdoor lighting system, or sign but excluding any property located within a designated
historic district or any property which is a designated landmark pursuant to Title 20 of this Code,
shall also comply with the following additional architectural and exterior building material
requirements. For the purposes of this section commercial uses shall be the land uses in the land
use divisions of the Offices Division; Finance, Insurance and Real Estate Division; Services
Division, except as provided in the listing of institutional uses below; Retail Trade Division;
Agricultural Division; or those land uses within the Miscellaneous Uses Division similar to such
uses. For the purposes of this section industrial uses shall be the land uses within the land use
divisions of the Mining Division; Construction Division; Manufacturing Division; Wholesale
Trade Division; Transportation, Communication, and Utilities Division; or those land uses within
the Miscellaneous Uses Division similar to such uses. For the purposes of this section
institutional uses shall include the land uses in the land use divisions of Municipal Services
r
8
Division; Public Administration Division; Hospitals; Education Services; Other Services; and
those land uses within the Miscellaneous Uses Division similar to such uses.
A. Commercial Building Elevations shall include the following minimum
architectural standards:
1. All building facades shall contain architectural features such as columns,
pilasters, stone water courses, offsets, cornices, capstones, parapets or
alternating brick design.
2. The primary façade of retail buildings shall be designed as retail
storefronts including but not limited to features such as storefront
windows, bulkheads and transom windows. On side elevations that are
readily visible from a public right-of-way, storefront windows shall be
extended to the side elevations or parts thereof.
3. All sides of the building shall be properly landscaped with foundation
plantings, landscaped islands within parking lots and perimeter
landscaping around the lot. Landscaping shall comprise of trees and
shrubs. Landscaping required to be used to screen the property from the
neighboring properties should comprise of plant material that is designed
to provide a continuous visual screen at maturity.
4. Windows and entry ways shall be emphasized by utilizing awnings or
other dominant architectural features. These features should be further
highlighted through the use of masonry windowsills and lintels and
alternate brick design such as soldier courses.
5. All refuse enclosures shall be constructed fully of masonry materials
incorporating the principal building architectural elements and
landscaping material.
6. Outdoor eating and drinking spaces shall be enclosed by a minimum of a
three (3) foot wrought iron or aluminum open fencing or landscape
screening. Solid masonry walls will also be permitted. The use of stone
or masonry columns within the fence design is encouraged.
B. Industrial Building Elevations shall include the following minimum architectural
standards:
1. All building facades shall contain architectural features well composed
and articulated to avoid the creation large blank walls on an entire façade.
2. Building entrances shall be emphasized with accent elements, such as
columns, and bays, porticos or awnings supplemented with lighting
features.
9
3. Service areas such as refuse containers, outdoor storage, electrical
transformers, chilling units, and loading docks should be screened from
view of public rights-of-way through the use of screening fences or walls.
All screening shall be constructed fully of masonry materials
incorporating the principal building architectural elements and
landscaping material.
4. All sides of the building shall be properly landscaped with landscaped
islands within parking lots and perimeter landscaping around the lot.
Landscaping shall comprise of trees and shrubs. Landscaping required to
be used to screen the property from the neighboring properties should
comprise of landscape berms or plant material that is designed to provide a
continuous visual screen at maturity.
C. Institutional Building Elevations shall include the following minimum
architectural standards:
1. The facades of institutional buildings shall be designed to increase their
prominence within the community to be considered visual landmarks, but
should be complementary to the surrounding architecture through the use
of architectural features and building materials.
2. All building facades shall contain architectural features well composed
and articulated to avoid the creation large blank walls on an entire façade.
3. Structures shall meet the ground with a prominent base constructed in
masonry, with the main floor several feet above grade.
4. Building entrances shall be emphasized by being centrally located with
porticos or awnings.
5. All refuse enclosures shall be constructed fully of masonry materials
incorporating the principal building architectural elements and
landscaping material.
6. All sides of the building shall be properly landscaped with landscaped
islands within parking lots and perimeter landscaping around the lot.
Landscaping shall comprise of trees and shrubs. Landscaping required to
be used to screen the property from the neighboring properties should
comprise of landscape berms or plant material that is designed to provide a
continuous visual screen at maturity.
D. Exterior Building Materials for All Commercial Buildings (excluding roof
materials, windows and signs) shall be limited to masonry materials of brick, natural stone or
split-face concrete masonry units on all exterior elevations. Other building materials may be
10
used in exterior design accent features such as cornices, soffits and fascia, window trim and hood
molding, corner boards, sign bands, quoins and other ornamentation which comprise not more
than twenty-five percent (25%) of an exterior elevation. Artificial building materials such as
Exterior Insulation and Finish Systems (EIFS, commonly referred to by its brand name "Dryvit")
and Architectural Metal utilized for such design features shall not be used in high traffic, or high
abuse areas, so as to protect such materials from wear and tear and vandalism.
E. Exterior Building Materials for All Industrial or Institutional Buildings (excluding
roof materials,windows and signs) shall be limited to the following:
1. High quality traditional building materials such as brick, natural stone,
natural stucco/plaster, terra cotta, tile and glass.
2. Composite building materials such as cultured stone, cast stone, precast
concrete panel systems designed to look like brick or stone, or imprinted
with architectural features such as lintels, windowsills and cornices, and
cement board siding and shingle.
3. Artificial building materials such as Exterior Insulation and finish Systems
(EIFS, commonly referred to by its brand name "Dryvit")and
Architectural Metal shall be restricted to use in design accent features such
as cornices, soffits and fascia, window trim and hood molding, corner
boards, sign bands, quoins and other ornamentation which comprise not
more than twenty-five percent (25%) of an exterior elevation. Such
materials shall not be used in high traffic, or high abuse areas, so as to
protect such materials from wear and tear and vandalism.
19.14.800: Manuals and Guidelines:
The Development Administrator may from time to time provide for specific manuals or
guidelines for architecture styles or common occurring buildings or site features and elements to
assist applicants for architectural review permits. Such manuals or guidelines shall be advisory
only and shall bind not to the applicant nor the Development Administrator, the Zoning and
Subdivision Hearing Board or the City Council with respect to any specific case.
19.14.900: Affidavit of Compliance with Conditions:
Whenever an architectural review permit issued pursuant to this Chapter is made subject
to conditions to be met by the applicant, the applicant upon meeting such conditions, shall file an
affidavit with the Development Administrator stating such compliance.
19.14.910: Limitations on Permits:
An architectural review permit shall become null and void one (1) year after the date on
which it was issued unless within such period the work authorized by such permit is commenced.
An architectural review permit shall relate solely to the work shown on plans approved by the
11
•
issuance of such permit and it shall be unlawful for any person to deviate from such plans
without obtaining an amended permit in the same manner as herein provided for obtaining
original permits."
Section 2. That Section 19.15.500 entitled "ARC Arterial Road Corridor Overlay
District" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by
repealing Section 19.15.525 thereof entitled "Site Design and Building Elevations".
Sections 19.15.530 through 19.15.570 are hereby renumbered as Sections 19.15.525 through
19.15.565.
Section 3. Severability. If any provision, clause, sentence, paragraph, section or part of
this ordinance or application thereof to any person or circumstance, shall for any reason be
adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment
shall not affect, impair or invalidate the remainder of this ordinance and the application of such
provision to other persons or circumstances, but shall be confined in its operation to the
provision, clause, sentence, paragraph, section or part thereof directly involved in the
controversy in which such judgment shall have been rendered and to the person or circumstances
involved. It is hereby declared to be the legislative intent of the City Council that this ordinance
would have been adopted had such unconstitutional or invalid provisions, clause, sentence,
paragraph, section or part thereof not been included.
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.
taeriteig
Ed Schock, Mayor
Presented: August 27, 2008
Passed: August 27, 2008
Vote: Yeas: 6 Nays: 0 " T Y O`''
Recorded: August 28, 2008 CABS Fl``
Published: August 29, 2008 p� :G'\
n
Attest:
Diane Robertson, Cit Clerk . F 6'
12