G36-15 Ordinance No. G36-15
AN ORDINANCE
AMENDING TITLE 20 OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, ENTITLED "HISTORIC PRESERVATION"
TO PROVIDE FOR VARIOUS AMENDMENTS RELATING TO
THEMATIC HISTORIC DISTRICTS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That Section 20.06.120 of the Elgin Municipal Code, 1976, as amended,
entitled "Amendment or Rescission of Designation" be and is hereby further amended to read as
follows:
"Designation may be amended or rescinded upon petition to the heritage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, thematic 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, a majority of the property owners of
properties within a historic district, a majority of property owners of designated
properties within a thematic historic district or a majority of the property owners
of a designated thematic historic district property. In addition thereto, the
community development director shall rescind the designation of a thematic
historic district property upon the receipt of a petition requesting such a rescission
from the successor property owner(s) to the property owner at the time of the
designation, subject to the condition that there have been no city grants and no
other known public grants awarded for the thematic historic district property in
the previous ten (10) years from the date of such petition from the successor
owner(s)."
Section 2. That Section 20.08.010 of the Elgin Municipal Code, 1976, as amended,
entitled "Required" be and is hereby further amended by amending the introductory paragraph
thereof to read as follows:
"A certificate of appropriateness shall be required before the following actions
affecting the exterior architectural appearance of any designated landmark, of any
property within a historic district or of any thematic historic district property may
be undertaken:"
Section 3. That Section 20.08.070 of the Elgin Municipal Code, 1976, as amended,
entitled "Emergency Orders" be and is hereby further amended to read as follows:
"Notwithstanding other provisions of this title, whenever the building official
finds that an emergency exists in any landmark, property within a historic district
or a thematic historic district property which requires immediate action to protect
the public's health and safety or that of the occupants thereof, he may issue an
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 such property in conformance with the requirements of this title."
Section 4. That Section 20.10.040 of the Elgin Municipal Code, 1976, as amended,
entitled "Appeals" be and is hereby further amended to read as follows:
"When a certificate of appropriateness or a certificate of economic hardship is
approved or denied by the heritage commission for a landmark, a structure within
a historic district, or a thematic historic district property, the applicant may,
within thirty (30) days, appeal the commission's decision to the city council. The
council may receive comments on the contents of the record but no new matter
may be considered by the council. The city council may affirm the decision or
recommend changes by a majority vote of a quorum of the council after due
consideration of the facts contained in the record submitted to the council by the
commission. The council may overturn the commission's decision by a majority
vote of the council."
Section 5. That Section 20.11.010 of the Elgin Municipal Code, 1976, as amended,
entitled "Issuance; Limitations" be and is hereby further amended to read as follows:
"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, any property within a historic district, or any thematic historic
district property. No temporary accessory structure which does not conform to the
design guidelines shall be located on any designated landmark property, any
property within a historic district, or any thematic historic district property 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."
Section 6. That Section 20.14.010 of the Elgin Municipal Code, 1976, as amended,
entitled "Violation and Penalty" be and is hereby further amended to read as follows:
"Any person who undertakes or causes any alteration, construction, removal or
demolition of any nominated or designated landmark, property within a
nominated or designated historic district, or a property nominated for or
designated as a thematic historic district property without a certificate of
appropriateness or a certificate of economic hardship shall be guilty of a
misdemeanor and upon conviction thereof shall be punished by a fine of not less
than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) and shall
also be required to restore the building or structure and its site to its appearance
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prior to the violation. Every day each such violation shall continue to exist shall
constitute a separate violation."
Section 7. That Section 20.15.020 of the Elgin Municipal Code, 1976, as amended,
entitled "Purpose" be and is hereby further amended to read as follows:
"The purpose of this program is to provide a financial incentive to encourage
private investment in the exterior rehabilitation and restoration of
historically/architecturally significant residential structures, particularly
designated landmarks, properties located in designated historic districts or
designated thematic historic district properties."
Section 8. That Section 20.15.070 of the Elgin Municipal Code, 1976, as amended,
entitled "Target Area Description" be and is hereby further amended to read as follows:
"Grants made pursuant to this chapter shall be limited to residential properties
located within a historic district designated by ordinance of the city council,
residential properties designated as a landmark by ordinance of the city council or
residential properties designated as a thematic historic district property by
ordinance of the city council."
Section 9. That Section 20.16.020 of the Elgin Municipal Code, 1976, as amended,
entitled "Purpose" be and is hereby further amended to read as follows:
"The purpose of this program is to provide a financial incentive to encourage
private investment in the exterior rehabilitation and restoration of
historically/architecturally significant residential structures, particularly
designated landmarks, properties located in designated historic districts or
designated thematic historic district properties."
Section 10. That Section 20.16.070 of the Elgin Municipal Code, 1976, as amended,
entitled "Target Area Description" be and is hereby further amended to read as follows:
"Grants made pursuant to this chapter shall be limited to residential properties
located within a historic district designated by ordinance of the city council,
residential properties designated as a landmark by ordinance of the city council or
residential properties designated as a thematic historic district property by
ordinance of the city council."
Section 11. 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.
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Section 12. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
l '4;
David J. Kar ain, ayor
Presented: August 26, 2015
Passed: August 26, 2015
Omnibus Vote: Yeas: 9 Nays: 0 0'
Recorded: August 26, 2015 i ,� , 5f'�'"`"
Published: August 28, 2015 _
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Attest: - l \ tt,,'
C1.f,& nn 1 I t°
imberly Dewis, Cit Clerk
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