G20-15 Ordinance No. G20-15
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 Chapter 20.04 of the Elgin Municipal Code, 1976, as amended,
entitled "Definitions," be and is hereby further amended to read in its entirety as follows:
"20.04.005: 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.
20.04.010: TERMS DEFINED:
ADAPTIVE USE: Rehabilitation of a historic structure for use other than its original use.
ALTERATION: Any act or process that changes one or more of the exterior architectural
features of a structure, including, but not limited to, the erection, construction, reconstruction,
addition, sandblasting, water blasting, chemical cleaning, chemical stopping, or removal of
any structure, but not including changes to the color of exterior paint.
AREA: A specific geographic division of the city.
CERTIFICATE OF APPROPRIATENESS: A certificate issued by the building official or
the Elgin heritage commission indicating its approval of plans for alteration, construction,
removal or demolition of a landmark or of a structure within a historic district.
CERTIFICATE OF ECONOMIC HARDSHIP: A certificate issued by the Elgin heritage
commission authorizing an alteration, construction, removal or demolition even though a
certificate of appropriateness has previously been denied.
CITY COUNCIL: The city council of the city of Elgin.
COMMISSION: The Elgin heritage commission.
COMMISSIONERS: Voting members of the Elgin heritage commission.
CONSTRUCTION: The act of adding an addition to an existing structure or the erection of a
new principal or accessory structure on a lot or property.
DEMOLITION: Any act or process that destroys in part or in whole a landmark or a structure
within a historic district.
DESIGN GUIDELINES: The "Design Guideline Manual" dated March 1997 (revised 2008),
prepared by the Elgin heritage commission and consultant Thomason and Associates, and
other guidelines which may be adopted by the city council from time to time.
EXTERIOR ARCHITECTURAL APPEARANCE: The architectural character and general
composition of the exterior of a structure, or natural object, including, but not limited to, the
kind and texture of the building material and the type, design and character of all windows,
doors, light fixtures, signs and appurtenant elements.
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.
HISTORIC DISTRICT: An area designated as a "historic district" by ordinance of the city
council and which may contain within definable geographic boundaries one or more
landmarks and which may have within its boundaries other properties or structures that,
while not of such historic or architectural significance to be designated as landmarks,
nevertheless contribute to the overall historic or architectural characteristics of the historic
district.
HISTORIC PRESERVATION: The thoughtful management saving from destruction or
deterioration, old and historic buildings, sites, structures, and providing for their continued
use by means of restoration, rehabilitation, or adaptive use.
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.
LANDMARK: A property, structure or natural object designated as a "landmark" by
ordinance of the city council, pursuant to procedures prescribed in this title, that is worthy of
rehabilitation, restoration and presentation because of its historic or architectural significance
to the city.
LAWFUL, CONFORMING RESIDENTIAL STRUCTURE: A residential structure
determined by the city to be lawful and conforming with respect to use under title 19 of this
code.
OWNERS OF RECORD: The person, corporation or other legal entity who holds fee simple
title in a subject property.
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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.
RECONSTRUCTION: The act or process of reproducing by new construction, the exact
form and detail of a vanished building, structure, or object, or a part thereof, as it appeared at
a specific period of time.
REHABILITATION: The process of returning a property to a state of utility, through repair
or alteration, which makes possible an efficient contemporary use while preserving those
portions and features of the property which are significant to its historic, architectural and
cultural values.
RELOCATION: Any repositioning of a structure on its site or moving it to another site.
REPAIR: Any change that does not require a building permit that is not construction,
relocation or alteration and does not alter the exterior architectural appearance of the
structure.
REPLICATION: Constructing a building so that it is an exact replica or imitation of a
historic architectural style or period.
RESIDENTIAL STRUCTURE: A structure used exclusively as a dwelling unit and for other
uses permitted as accessory to a dwelling unit under title 19 of this code.
RESTORATION: The act or process of accurately taking a building's appearance back to a
specific period of time by removing later work and by replacing missing earlier features to
match the original.
SIGNIFICANT EXTERIOR ARCHITECTURAL FEATURE: Foundation; cornerstone;
siding; masonry; stucco; roofs; chimneys; gutters; downspouts; entrances and doors;
windows; masonry piers, gateposts; porches; stoops and railings; cornices and friezes;
ornamentation, including, but not limited to, trim, brackets, plaques, engravings, inscriptions,
gargoyles, roof creating, ridge caps, finials, corbelled masonry, chimney straps, hoodmolds,
shutters, awnings and light fixtures; grade levels adjacent to buildings; garages, outbuildings
and other accessory structures.
STABILIZATION: The act or process of applying measures essential to the maintenance of a
deteriorated building as it exists at present, establishing structural stability and a weather
resistant enclosure.
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.
STRUCTURE: Anything constructed or erected, the use of which requires permanent or
temporary location on or in the ground, including, but without limiting the generality of the
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foregoing, buildings, fences, gazebos, advertising signs, billboards, backstops for tennis
courts, radio and television antennas, including supporting towers, swimming pools, air
conditioners, heat pumps, satellite dishes, basketball standards and solar energy equipment.
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.
THEMATIC HISTORIC DISTRICT: An area designated as a "thematic historic district" by
ordinance of the city council composed of two or more definable significant geographical
areas, or properties, that are spatially discrete from one another and from other areas, or
properties, not part of an established "historic district" as defined elsewhere in this chapter.
THEMATIC HISTORIC DISTRICT PROPERTY: A property designated as a "thematic
historic district property" by ordinance of the city council, pursuant to procedures prescribed
in this title, that is located within a thematic historic district and identified as worthy of
rehabilitation, restoration and preservation because of its shared and unifying architectural,
historic or cultural themes with the thematic historic district in which it is located."
Section 2. That Chapter 20.06 of the Elgin Municipal Code, 1976, as amended,
entitled "Landmark and Historic District Nomination and Designation," be and is hereby further
amended to read in its entirety as follows:
"20.06.010: NOMINATION:
A. Individual Properties as Landmarks or Thematic Historic District Properties:
Nominations for an individual property as a landmark shall be made to the heritage
commission on a form prepared by it and may be made and submitted by the heritage
commission, owner of record of the nominated property or structure, or the city council.
Nominations for an individual property as a thematic historic district property shall be
made to the heritage commission shall be made on a form prepared by it and may be
made and submitted only by the owner of record of the individual property. Nominations
for local landmark designation or thematic historic district property designation shall be
accompanied by the following documentation:
1. A statement of integrity consisting of the street address and legal description;
description of original use; description of current use; date of construction of all
structures on the property; description and the date of any additions, demolition or
major alterations to all structures on the property; description of whether any
secondary structures associated with the property may also retain their original
appearance, use and/or relationship to the primary structure;
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2. Statement of significance describing any associations with historic persons, events, or
ongoing activities on the property; a description of how the property fits within the
historic context of the surrounding area, community and/or region; a description of
how the property, or features of the property, may be distinctive in design, style,
execution, or if it is the work of an important architect, builder or craftsman;
description of any potential to yield prehistoric or archaeological information.
3. Submission of photographs of all facades of currently existing buildings; a
representative sample of historic photographs of the property, if available; a sketch of
the floor plan of the property, drawn to scale, an accurate plat of survey; any other
documentation that the heritage commission may reasonably request.
4. In addition to the foregoing, nominations for each individual property that is
identified for inclusion within a thematic historic district as a thematic historic district
property shall be accompanied by a statement demonstrating conformance with the
characteristics of the thematic historic district.
B. Historic Districts and Thematic Historic Districts: Nominations for a historic district or a
thematic historic district shall be made to the heritage commission on a form prepared by
it and may be made and submitted by the heritage commission, at least a majority of
owners of record of the nominated properties or structures within the proposed district, or
the city council.
Nominations for historic districts and thematic historic districts shall be accompanied by
the following documentation:
1. A statement of integrity describing the boundaries and/or legal description of the
proposed district. An architectural overview addressing issues such as: the
significance of the district as a whole, the role of the district in the city's
development; a detailed listing of primary structures and whether these are
significant, contributing or noncontributing to the historic district status; a listing of
secondary structures; a description of public parks, squares, and other open spaces; a
listing of significant but razed structures.
The statement of integrity for applications for a thematic historic district shall include
a description of the architectural, historic or cultural themes that unify properties
included within such district.
2. A statement of significance consisting of a brief history of the area; a description of
associations with historic persons, events or ongoing activities within the proposed
district; a description of how the district fits within the historic and architectural
context of the surrounding area, community and/or region; a listing of significant
structures or places within the proposed district that may be distinctive in design,
style, execution, or are the work of an important architect, builder or craftsman;
description of any potential to yield prehistoric or archaeological information.
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3. Submission of photographs of at least the front facades of current existing primary
structures; a representative sample of historic photographs of the proposed district, if
available; an accurate plat of survey; any other documentation that the heritage
commission may reasonably request.
Submission of photographs for applications for a thematic historic district shall
consist of representative examples of structures and buildings on properties that
demonstrate the architectural, historic or cultural themes that unify properties
included within such district.
C. Owner Consent: Nominations for landmarks or historic districts made by the Elgin
heritage commission shall be accompanied by the written consent of the property
owner(s) of record for individual landmarks, or the written consent of at least a majority
of the owners of record of properties within the proposed historic district. No building
that is owned by a religious organization and is used primarily as a place for the conduct
of religious ceremonies shall be nominated for designation as a historical landmark
without the expressed consent of the owner(s) of record of such a property.
A thematic historic district nomination shall serve as the basis for evaluating the
eligibility of related properties and shall not require the consent of owners of record at the
time of its nomination. Following the designation of a thematic historic district, no
individual property that is identified for inclusion within such designated thematic
historic district shall be nominated without the written consent of the property owner(s)
of record.
20.06.020: FEES:
A. Each nomination request submitted to the heritage commission pursuant to this chapter
shall be accompanied by a fee in the amount of fifty dollars ($50.00) for landmark
nominations or thematic historic districts, and three hundred dollars ($300.00) for historic
district nominations. A nomination submitted without this fee shall have no effect under
this title. Nomination requests submitted by the heritage commission or the city council
shall be exempt from the payment of any fees.
Subsequent nominations for each thematic historic district property shall be shall be
accompanied by a fee in the amount of fifty dollars ($50.00).
B. In addition to the nomination fee, each applicant of an individual landmark, historic
district, or thematic historic district property shall pay for the costs of providing an
accurate verbatim account of the public hearing. A deposit of two hundred dollars
($200.00) 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 prior to consideration of the nomination by the city
council. Thematic historic district nominations do not require a verbatim account of the
public hearing and, therefore, no fee for recording and transcription is required.
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C. Any party pursuing an appeal pursuant to this title, including an application for a
certificate of appropriateness (COA), or a certificate of economic hardship, shall pay the
costs associated with such appeal. The heritage commission or the city council, as the
case may be, may require a deposit for such costs prior to the processing of any appeal.
20.06.030: CRITERIA FOR CONSIDERATION OF NOMINATION:
A nominated structure, property, or area must be fifty (50) years of age on the date of
designation unless it is an integral part of a designated historic district or if it has otherwise
achieved significance of exceptional importance.
The heritage commission shall, upon such investigation as it deems necessary, make a
determination as to whether a nominated structure, property or area meets at least six (6) of
the following criteria. The heritage commission may vote to proceed with as few as four (4)
criteria if the property is identified with a person, or persons, who significantly contributed to
the development of the community, county, state, or country, or if the property is nominated
for inclusion within a thematic historic district.
A. That it has character, interest or value as part of the development, heritage or cultural
characteristics of the community, county, state or country and retains the integrity to be
highly representative of the relevant area's social and cultural history;
B. That its location was a site of a significant local, county, state or national event or that it
was the location of a series of events or activities that contributed in a significant fashion
to the community's identity, and/or social, cultural or economic history;
C. That it is identified with a person or persons who significantly contributed to the
development of the community, county, state or country;
D. That it embodies distinguishing characteristics of an architectural style valuable for the
study of a period, type, method of construction or use of indigenous materials;
E. That it is identified as the work of a master builder, designer, architect or landscape
architect whose individual work has influenced the development of the community,
county, state or country;
F. That it embodies elements of design, detailing, materials or craftsmanship that render it
architecturally significant;
G. That it embodies design elements that make it structurally or architecturally innovative;
H. That it has a unique location or singular physical characteristics that make it an
established or familiar visual feature;
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I. That it is a particularly fine or unique example of a utilitarian structure, including, but not
limited to, farmhouses, gas stations or other commercial structures, with a high level of
integrity or architectural significance;
J. That it is suitable for preservation or restoration, to foster the education and awareness of
the community's past.
Any structure, property or area that meets the above criteria shall also have sufficient
integrity of location, design, materials and workmanship to make it worthy of
preservation or restoration.
K. The nominated property possesses the unique architectural, historic or cultural themes to
be included within an already established thematic historic district.
20.06.040: NOTIFICATION OF NOMINATION:
The heritage commission shall schedule a public hearing on a nomination under this title
within ninety (90) days following receipt of such nomination. In cases of a nomination of a
structure as a landmark or a thematic historic district property, notice of the date, time, place
and purpose of the public hearing and a copy of the completed nomination form shall be sent
by regular mail to the owner(s) of record and to the nominators, at least thirty (30) days prior
to the date of the hearing. Notice of the nomination of a landmark or a thematic historic
district property shall also be published at least once in a newspaper having general
circulation in the city not less than fifteen (15) days prior to the date of the hearing. The
publication notice shall state the common street address and legal description of a nominated
landmark or thematic historic district property along with the date, time, place and purpose of
the public hearing. In cases of a nomination of a thematic historic district, notice of the
nomination shall be published at least once in a newspaper having general circulation in the
city not less than fifteen (15) days prior to the date of the hearing, and shall state the date,
time, place and purpose of the public hearing. In cases of a nomination of any area as a
historic district, notice of the date, time, place and purpose of the public hearing and a copy
of the completed nomination form shall be sent by regular mail to the common street address
of each structure located within the boundaries of a nominated historic district and to the
nominators, at least thirty (30) days prior to the date of the hearing. Notice of the nomination
of a historic district shall also be published at least once a week for two (2) consecutive
weeks in a newspaper having general circulation in the city not less than fifteen (15) days
prior to the date of the hearing. The publication notice shall state the legal description and
boundaries of a nominated historic district along with the date, time, place and purpose of the
public hearing.
20.06.050: OBJECTION TO A NOMINATION:
An objection to the nomination of a landmark or of an area as a historic district may be made
by petition signed by a majority of the owners of record of the nominated landmark or the
properties in the nominated uses. Such an objection shall be filed with the heritage
commission prior to the close of the public hearing on the nomination. In such cases where a
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majority of the owners of record have filed an objection, the subject property or area shall not
be designated as a landmark or a historic district except by a favorable vote of two-thirds (2/3)
of the members of the council then holding office, and, unless so approved, shall bar the
renomination of the subject property or area as a landmark or a historic district for a period of
two (2) years from the filing of the objection.
20.06.060: PUBLIC HEARING:
Oral or written testimony concerning the significance of the nominated landmark, historic
district, thematic historic district, or thematic historic district property shall be taken at the
public hearing from any person concerning the nomination. The heritage commission may
present expert testimony or present its own evidence regarding the compliance of the
nominated landmark, historic district, thematic historic district, or thematic historic district
property with the criteria for consideration of a nomination set forth in section 20.06.030 of
this chapter. The owner of any nominated landmark, nominated thematic historic district
property or of any property within a nominated historic district shall be permitted to appear
and be represented by counsel and shall be allowed reasonable opportunity to present
evidence regarding the issues presented and shall be provided a reasonable opportunity to
cross examine expert witnesses. A transcript of the entire hearing shall be made by a court
reporter, except for a nomination for a thematic historic district in which case a summary
report will be prepared by city staff. The hearing may be continued from time to time to a
date certain and shall be closed upon completion of testimony and the submission of
evidence.
20.06.070: FINDINGS AND RECOMMENDATION:
Within thirty (30) days following close of the public hearing, the heritage commission shall
make a determination upon the evidence whether the nominated landmark, historic district,
thematic historic district, or thematic historic district property meets the criteria for
designation. Such a determination shall be passed by resolution of the heritage commission
and shall be accompanied by a report stating the findings of the heritage commission
concerning the application of the criteria for designation in section 20.06.030 of this chapter
and the nominated landmark, historic district, thematic historic district, or thematic historic
district property. The report accompanying the heritage commission's resolution shall also
include the following information:
A. Explanation of the significance or lack of significance of the nominated landmark,
historic district or thematic historic district as it relates to the criteria for designation, or
how a thematic historic district property relates to the architectural, historic or cultural
themes of such thematic historic district;
B. Explanation of the integrity or lack of integrity of the nominated landmark, historic
district, thematic historic district, or thematic historic district property;
C. In the case of a nominated landmark or thematic historic district property found to meet
the criteria for designation:
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1. The significant exterior architectural features of the nominated landmark or thematic
historic district property that should be protected;
2. The types of construction, alteration, removal and demolition, other than requiring a
building or demolition permit, that should be reviewed for appropriateness pursuant
to the provisions of chapters 20.08 and 20.10 of this title;
D. In the case of a nominated historic district or thematic historic district found to meet the
criteria for designation:
1. The type of significant exterior architectural features of the structures within the
nominated historic district that would be protected;
2. The types of alterations and demolitions that should be reviewed for appropriateness
pursuant to the provisions of chapters 20.08 and 20.10 of this title;
E. Proposed design guidelines for applying the criteria for review of certificates of
appropriateness to the nominated landmark, historic district, thematic historic district, or
thematic historic district property;
F. The relationship of the nominated landmark, historic district, thematic historic district, or
thematic historic district property to the ongoing effort of the heritage commission to
identify and nominate all potential areas and structures that meet the criteria for
designation;
G. Recommendations as to appropriate permitted uses, special uses, height and area
regulations, minimum dwelling size, floor area, sign regulations and placing regulations
necessary or appropriate to the preservation of the nominated landmark, historic district,
thematic historic district, or thematic historic district property;
H. A map showing the location of the nominated landmark or thematic historic district
property and the boundaries of the nominated historic district including a listing of all
street addresses and the number of principal buildings within a nominated historic
district.
20.06.080: NOTIFICATION OF FINDINGS AND RECOMMENDATION:
Notice of determination of the heritage commission, including a copy of the report, shall be
sent by regular mail to the owner(s) of record of a nominated landmark or thematic historic
district property, and to the common address of all property within a nominated historic
district and to the nominator within seven (7) days following adoption of the resolution.
Within seven (7) days following a determination by the heritage commission whether the
nominated landmark, historic district, thematic historic district, or thematic historic district
property meets the criteria for designation, a copy of the resolution and report accompanied
by a recommendation whether the nominated landmark, historic district, thematic historic
district, or thematic historic district property should be designated shall be sent to the council.
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20.06.090: APPEAL:
A determination by the heritage commission that the nominated landmark, historic district or
thematic historic district does not meet the criteria for designation, or that a property
nominated to be included within a thematic historic district does not conform to the
architectural, historic or cultural themes of such thematic historic district, may be appealed to
the city council. The nominator or owner of the nominated landmark, or of property within
the nominated historic district or thematic historic district, must, within thirty (30) days after
the postmarked date of the notice of the determination, file with the city clerk such a written
appeal to the city council.
20.06.100: ACTION BY CITY COUNCIL:
After receiving the recommendation that the nominated landmark, historic district, thematic
historic district, or thematic historic district property be designated, or after receiving a
written appeal, the city council shall either reject the recommendation or written appeal by
formal resolution or designate the landmark, historic district, thematic historic district, or
thematic historic district property by an ordinance. The city council may hold a public
hearing before enacting the resolution or ordinance and provide notice and take testimony in
the same manner as provided in sections 20.06.040 and 20.06.060 of this chapter. The city
clerk shall provide written notification of the action of the city council by regular mail to the
nominator, the applicant, and the owner(s) of record of the nominated landmark and to the
common street address of all property within a nominated historic district or thematic historic
district. The notice shall include a copy of the designation ordinance or resolution passed by
the city council and shall be sent within seven (7) days of the city council action. A copy of
each designation ordinance shall be sent to the heritage commission, the planning and land
use commission and the community development department.
20.06.110: INTERIM CONTROL PENDING CITY COUNCIL ACTION:
Upon the submission of a nomination to designate a landmark, a historic district or an
addition to an existing district, or a thematic historic district property to the heritage
commission, all permits issued by the community development department for such buildings
or property within an area nominated for designation shall be accompanied by a certificate of
appropriateness from the building official until such time as a final determination is made on
the nomination. Notwithstanding the above language, the building official may issue permits
for work done on the interior of any structure. After a denial by the city council, a new
petition for the same building or properties shall not be filed for a period of one year from the
date of denial. New construction, alteration or demolition work begun pursuant to a building
permit issued prior to the receipt of a nomination to designate a landmark, historic district, or
thematic historic district property shall not be subject to review by the commission unless
such permit has expired, been canceled or revoked.
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20.06.120: AMENDMENT OR RESCISSION OF DESIGNATION:
Designation may be amended or rescinded upon petition to the heritage commission and
compliance with the same procedure and according to the same criteria set forth herein for
such designation. A petition to rescind the designation of a landmark, historic district or
thematic historic district property shall be accompanied by the written consent of a majority
of the property owners of record of the landmark or historic district within the designated
area.
20.06.130: RECORDING OF ORDINANCE:
A certified copy of the ordinance designating a landmark, historic district or thematic historic
district property shall be recorded with the county recorder in the county in which the subject
property is located."
Section 3. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed to the extent of any such conflict.
Section 4. That this ordinance shall be in full force and eff ct upon its passage and
publication in the manner provided by law.
14L David tor
Presented: June 10, 2015
Passed: June 10, 2015
Omnibus Vote: Yeas: 9 Nays: 0 .,... '- ....
Recorded: June 10, 2015 �
Published: June 12, 2015
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Attest:
imberly Dewis, Cit Clerk
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