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HomeMy WebLinkAboutMinutes - 12/10/1997 - Community Development Committee ' Rev. 12-10-97 � ARTICLE I PURPOSES, INTENT, DEFINITIONS & GENERAL PROVISIONS OF AN HISTORIC PRESERVATION ORDINANCE �, FOR THE CITY OF McHENRY 1 . PURPOSES AND INTENT . A. To identify, designate, protect, preserve and encourage the restoration, rehabilitation, and adaptation for continued use of those properties and structures which represent or reflect the prehistoric, historic, cultural, artistic, social, economic, ethnic or political heritage of the City of McHenry, or which may be representative of an architectural or engineering type inherently valuable for the study of style, period, craftsmanship, method of construction identification to an . � individual builder/architect or use of indigenous materials; B. To safeguard the City's historic, aesthetic and cultural heritage, as embodied and reflected in such structures, landscape features, and areas as seen in such examples as houses, commercial buildings, schools, public buildings, mills, creameries, downtown business districts, cemeteries, boat houses, iron fences and open spaces; C. To stabilize and improve the economic vitality and value of designated landmarks and preservation districts in particular and of the city in general; D. To educate the general public, government officials, and commercial and industrial `-- interests of historic preservation which need to be fostered continually through the preservation ordinance; E. To work with municipal zoning, planning and building departments along with economic development and environmental commissions in the development and application of a historic preservation program; F. To coordinate the City of McHenry preservation ordinance with the county preservation ordinance; G. To foster civic pride in the technological accomplishments, beauty and nobility of � the past; � H. To protect and enhance the City's attraction to tourists and visitors, and to support and provide stimulus to business and industry; I. To strengthen the economy of McHenry; and, J. To preserve and promote the use of historic districts, landmarks and landscapes for the education, pleasure and welfare of the citizens of McHenry. � 2. DEFINITIONS For the purpose of this ordinance, certain words, phrases and terms shall have the following meanings: � Rev. 12-10-97 Page 2 A. ALTERATION: Any act or process that changes one or more historic, architectural �. or physical features of an area, site, landscape, place or structure, including, but not limited to, the erection, construction, reconstruction, or removal of any structure; the expansion or significant modification of agricultural activities; surface mining; and clearing, grading or other modification of an area, site or landscape that changes its current natural condition. B. ARCHITECTURAL SIGNIFICANCE: Embodying the distinctive characteristics of a type, period, style or method of construction or use of indigenous construction, or representing the work of an important builder, designer, architect, or craftsman who has contributed to the development of the City of McHenry, County of McHenry, � � State of Illinois or the Nation. C. ARCHAEOLOGICAL SIGNIFICANCE: Importance as an area, site, place or landscape that has yielded or is likely to yield information concerning past patterns of human settlement, or artifacts or information concerning previous cultures in Illinois or previous periods of the present culture. Areas, sites or landscapes or archaeological significance may include; but are not limited to, aboriginal mounds, forts, earthworks, burial grounds, historic or prehistoric ruins, locations of villages, mine excavations or tailings. D. BUILDING: Any structure designed or constructed for residential, commercial, industrial, agricultural or other use. � E. CERTIFICATE OF APPROPRIATENESS: A certificate issued by the Commission indicating its approval of plans for alteration, construction, demolition, or removal affecting a nominated or designated landmark or property within a nominated or designated preservation district. F. CERTIFICATE OF ECONOMIC HARDSHIP: A certificate issued by the Commission authorizing an alteration, construction, removal, or demolition even though a "Certificate of Appropriateness" has previously been denied or may be denied. G. COMMISSION: The City of McHenry Landmark Commission,hereinafter referred to � as "Commission". � H. COMMISSIONERS: Members of the City of McHenry Landmark Commission. I. CONSERVATION RIGHT: A term that includes easements, covenants, deed restrictions or any other type of less than full fee simple interest as that term is defined in Illinois Revised Statutes, Section 1 of "An Act relating to conservation rights in real property. II. Rev. Stat. 1989, Ch. 30, Par 401 , et.seq. J. CONSTRUCTION: The act of adding an addition to a structure or the erection of a new principal and/or accessory structure on a lot or property. �.. K. DEMOLITION: Any act or process which destroys in part or in whole a landmark or building or structure within a preservation district. ' Rev. 12-10-97 Page 3 L. DEMOLITION BY NEGLECT: Neglect in the maintenance of any landmark and/or � building or structure within a preservation district resulting in the deterioration of that building to the extent that it creates a hazardous or unsafe condition as determined by the City of McHenry Building and Zoning Department or the McHenry County Department of Health. M. DESIGN CRITERIA: Standards of appropriate activity that will preserve the historic, architectural, scenic or aesthetic character of a landmark or preservation district. N. DEVELOPMENT RIGHTS: The development rights of a landmark or of a property within a preservation district as defined in Section 1 1-48.2 1 A of the Illinois � , Municipal Code. II. Rev. Stat.1989, Ch. 24, Par 1 1-48.2-1 A as amended from time to time. O. ECONOMIC INCENTIVES: Any form of Federal, State of Illinois or local assistance (whether in the form of financing property, tax relief, income tax advantages, grants or other forms of assistance) available to owners of designated landmarks or property within a designated preservation district. P. EXTERIOR ARCHITECTURAL APPEARANCE: The architectural character and general composition of the exterior of a building or structure, including but not limited to the kind, color, and texture of the building material and the type, design and character of all windows, doors, light fixtures, signs and appurtenant elements. � Q. HISTORIC DISTRICT: Preservation district. R. HISTORIC SIGNIFICANCE: Character, interest, or value as part of the development, heritage, or culture of the City of McHenry, McHenry County, Illinois State, or the Nation; as the location of an important local, county, state or national event; or through identification with a person or persons who made important contributions to the development of the City of McHenry, McHenry County, Illinois State, or the Nation. S. LANDMARK: A property or structure designated as a "landmark"by ordinance of the . City of McHenry, pursuant to procedures prescribed herein, which is worthy of rehabilitation,restoration, or preservation because of its historic, scenic or architectural significance. T. LANDSCAPE: A natural feature or group of natural features such as, but not limited to, valleys, rivers, lakes, swamps,forests, woods, hills, combination of natural features and buildings, structures, objects, cultivated fields, or orchards in a predominantly rural setting. U. NOMINATION: A determination by the Commission at the preliminary review that an application merits further consideration for designation. � V. OBJECT: Any tangible thing, including any items of personal property, including, but not limited to wagons, boats, locally manufactured products that may be easily moved or removed from real property. Rev. 12-10-97 Page 4 W. OWNER OF RECORD: The person, corporation or other legal entity in whose name � the property appears on the records of the McHenry County Recorder of Deeds. X. PRESERVATION DISTRICT: An area designated as a "preservation district" by ordinance of the City Council of McHenry and which may contain, within definable geographic boundaries, one or more landmarks, and which may have within its boundaries other properties, areas, sites, landscapes or structures which, while not of such historic or architectural or scenic significance to be designated as landmarks, nevertheless, contribute to the overall visual characteristics of the landmarks located within the district. � Y. REMOVAL: Any relocation of a structure, object or artifact within or on the site, or � to another site. Z. REPAIR: Any change that is not construction, alteration, demolition, or removal and is necessary or useful for continuing normal maintenance and upkeep. AA. SCENIC SIGNIFICANCE: �mportance as a result of appearance or character that remains relatively unchanged from and embodies the essential appearance related to a culture from an earlier historic or prehistoric period, as a result of a unique location, appearance or familiar vista or visual feature, or as a geological or natural feature associated with the development heritage or culture of the City of McHenry, McHenry County,lllinois State, or the Nation. �.. BB. SECRETARY/STAFF: The person(s) appointed by the City of McHenry Mayor to undertake the responsibilities assigned by this ordinance, and to assist the City of McHenry Landmark Commission. CC. SITE: The traditional, documented or legendary location of an event, occurrence, action or structure significant in the life or lives of a person, persons, group, or tribe, including but not limited to, cemeteries, burial grounds, campsites, settlements, estates, gardens, groves, river crossings, routes,trails, caves, quarries, mines, or significant trees of their plant life. � DD. SPECIFIC STANDARDS FOR REVIEW OF EXTERIOR ALTERATION: A set of guidelines and regulations interpreting and applying the standards in this ordinance to the exterior architectural appearance and significant historical or architectural features or designated landmark or preservation district. EE. 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 foregoing) houses, barns, smokehouses, signs, billboards, backstops for tennis courts, bridges, fences, pergolas, gazebos, boat houses, radio and television antennae, solar collectors, microwave antennae, including supporting towers, roads, ruins, or remnants (including foundations), swimming �-- pools or walkways. FF. SUBSTANTIAL ALTERATION: Any act or process which removes, obscures or irrevocably changes a significant historical or architectural feature and/or structure. ' Rev. 12-10-97 Page 5 GG. SURVEY: The systematic gathering of information on the architectural, historic, � scenic, and archaeological significance of buildings, sites, structures, areas, or landscapes through visual assessment in the field and historical research, for the purpose of identifying landmarks or districts worthy of preservation. 3. GENERAL PROVISIONS The following are general provisions propounded to make more clear, matters relative to scope and jurisdiction of this ordinance. A. No provision herein shall supersede the powers of other local legislative or regulatory , bodies or relieve any property owner from complying with the requirements of any � other statute, code or ordinance of the City of McHenry, and any permit or licenserequired thereunder shall be required in addition to any "certificate of appropriateness" or "economic hardship"which is required, no such other permit or license shall be issued by any other agency under the jurisdiction of the City of McHenry before a certificate has been issued by the Commission as herein provided. � B. The use of property and improvements which have been designated under this ordinance shall be governed by the City of McHenry Zoning Ordinance as amended. C. If any particular section of this ordinance is declared to be unconstitutional or void, � only the particular section is affected, and all other sections of this ordinance shall remain in full force. D. For purposes of remedying emergency conditions determined to be dangerous to life, health or property, the Commission may waive the procedures set forth herein and grant immediate approval for a "certificate of appropriateness". The Commission shall state its reasons in writing for such approval and maintain a permanent file of such approvals. E. No member of the Commission shall vote on any matter that may materially or apparently affect the property, income, or business interest of that member. ARTICLE II THE CITY OF McHENRY LANDMARK COMMISSION 1 . ORGANIZATION A. APPOINTMENT: The McHenry City Council shall, by ordinance, appoint members to the City of McHenry Landmark Commission from recommendations submitted by the Mayor. B. COMPOSITION: The Landmark Commission shall consist of 1 1 members �4t�s-e�e `.. . including one student reqresentative. The Mayor shall make a reasonable attempt to nominate members with demonstrated interests in local history and prehistory, architecture, real estate or preservation. C. TERMS: Terms of the initial members shall be staggered so that at least 4 members will serve for 3 years, 4 will serve for 2 years and 3 will serve for 1 year. • Rev. 12-10-97 Page 6 The :�tudent representative will serve one year. �. D. OFFICERS: The Mayor shall appoint a chairman from the appointed members of the Commission who will be reappointed on a yearly basis. All other officers shall be elected by the Commission on a majority vote. The Chairman shall preside at all meetings, call special meetings, serve as the official liaison between the Commission and The McHenry City Council and its other Commissions. In the absence of the Chairman, the Vice-Chairman shall perform the duties of the Chairman. The Secretary of the Commission shall see that minutes are taken of each Commission meeting; make sure that copies of the minutes, reports, and decisions of the Commission be published and distributed to members of the Commission and other �� appropriate bodies and/or individuals; advise the Mayor of vacancies on the Commission and expiring terms of inembers; and see that prepared matters requiring City Council consideration are sent to them. At the request of the Chair, Corresponding Secretary shall see to it that routine correspondence is handled and publicity is distributed. The Treasurer shall present a budget report at each of the regular meetings. Along with the Chairman and other officers, the Treasurer will work to prepare an annuaf request for funds to the City Council. E. VACANCIES: Vacancies shall be filled by the Mayor with the concurrence of the McHenry City Council. A vacancy shall exist when any member misses 50% of the scheduled meetings in a one year period or by member resignation. Any Commission member may be removed by the McHenry City Council for cause. �. F. MEETINGS: Meetings of the Commission shall be held no less than monthly, except in those months when no business is pending, and shall be held at such times and places within the City as the Commission shall decide. All meetings of the Commission shall be open to the public. The Commission shall keep minutes of its proceedings, showing a vote of each member upon every question, or if absent for failing to vote, and shall also keep records of its official actions. Such minutes and records shall be open to the public for inspection and maintained at the City Clerk's Office in the McHenry Municipal Center. Notification of ineeting dates and times will be in accordance with the Illinois Open Meetings Act. Any six (6) members of the Commission shall constitute a quorum for the purposes of transacting any . business at any meeting of said Commission, regular or special. No member shall vote on any matter that may materially or apparently affect the property, income or business interest of that member. Members are to serve without compensation, but they shall be reimbursed for their expenses necessarily incurred in performance of the Commission duties. G. ANNUAL REPORT: The Commission shall submit an annual report of its activities to the McHenry City Council. 2. POWERS AND AUTHORITIES: The Commissioner shall have the following powers and `,, authorities. A. To conduct an ongoing survey of the City of McHenry to identify buildings, � structures, areas, sites, and landscapes that are of historic, archeological, architectural, or scenic significance, and therefore potential landmarks or preservation districts; ' Rev. 12-10-97 Page 7 B. To hold public hearings and recommend to the McHenry City Council designation of � landrnarks or preservation districts identified in the survey; C. To compile information concerning and prepare descriptions of landmarks or preservation districts identified and recommended for designation and the characteristics.that meet the standards for designation; D. To prepare, keep current, and publish a map or maps showing the location and exact boundaries of proposed and designated landmarks and preservation districts, and, if the Commission so chooses, the locations and boundaries of designated Illinois State or Federal landmarks or districts; , ' E. To keep a register of all designated landmarks and preservation districts; F. To establish an appropriate system of markers or plaques for all designated landmarks and preservation districts, and for streets, roads, trails, and highways leading from one landmark or preservation district to another and to confer recognition upon the owners of landmarks or property within preservation districts by means of certificates, plaques or markers; G. To nominate landmarks and preservation districts to any Illinois State or Federal registers of historic plaques. � H. To advise and assist owners of landmarks and property within preservation districts on physical and financial aspects of preservation, renovation, rehabilitation and reuse, and on procedures for inclusion on any state or federal register of historic places; I. To inform and educate the citizens of the City concerning the historic, archeological, architectural, or scenic heritage of the City by publishing appropriate maps, newsletters, brochures, and pamphlets, and by holding programs and seminars; J. To develop specific criteria and guidelines for the proper alteration, construction, demolition or removal of landmarks, or of property within preservation districts. K. To hold public hearings and to review applications for construction, alteration, removal, or demolition affecting landmarks or property within preservation districts and issue or deny "certificates of appropriateness" for such actions; L. To consider applications for "certificates of economic hardship" that would allow the performance of work for which a certificate of appropriateness" has been denied; M. To review proposed amendments to zoning regulations, applications for special uses or applications for zoning variations that affect any landmark or preservation district. Proposed zoning amendments, applications for special use or zoning variations that `.. affect any landmark or preservation district as defined in this ordinance shall be transmitted to the Commission for review and comment prior to the date of the hearing by the City of McHenry Zoning Board of Appeals; N. To accept and administer on behalf of the City of McHenry upon designation by the City Council, such gifts, grants and money as may be appropriate for the purposes ' Rev. 12-10-97 Page 8 of this ordinance. � O. To administer any system established by the City of McHenry for the transfer of development rights. P. To call upon available agencies and staff as well as other experts for technical advice; � Q. To seek help from citizen, neighborhood or area advisory committees, as required from time to time. , R. To testify before all boards and commissions including the McHenry Plan � Commission and the McHenry Zoning Board of Appeals, on any matter affecting potential or designated landmarks or preservation districts; S. To periodically review any City comprehensive plan and to develop a preservation component in any comprehensive plan of the City of McHenry; T. To periodically consult the McHenry Zoning Enforcement Officer, review the McHenry Zoning Ordinance and building codes and to recommend to the McHenry Plan Commission and the City Council any amendments appropriate for the protection and continued use of landmarks or property within preservation districts; � U. To advise and/or testify on behalf of the City for Federal and Illinois State projects requiring cultural impact surveys; V. To periodically monitor designated landmarks and preservation districts for demolition by neglect; and, W. To undertake any other action or activity necessary or appropriate to the implementation of the purposes of this ordinance. ARTICLE III DESIGNATION OF LANDMARKS & PRESERVATION DISTRICTS 1 . SURVEYS AND RESEARCH The Commission shall undertake an ongoing survey and research effort in the City to identify areas,sites, structures and objectsthat have historical, cultural,community, architectural, archaeological or aesthetic importance, interest or value. As part of the survey, the Commission shall review and evaluate any prior surveys and studies by any unit of government or private organizations and compile appropriate descriptions, facts and photographs. The Commission shall make an effort to systematically identify potential landmarks and districts and adopt procedures to nominate them based upon the following criteria: `.. A. The potential landmarks or districts within the City limits; B. The potential landmarks associated with a particular person, event or historical period; C. The potential landmarks of a particular architectural style or school or building material, or of a particular architect, engineer, builder or craftsman; � Rev. 12-10-97 Page 9 D. Such other criteria as may be adopted by the Commission to assure systematic � survey and nomination of all potential landmarks and preservation districts within the City; 2. PRESERVATION PLAN A. The Commission shall, through the aforesaid surveys and research, become thoroughly familiarized with buildings, structures, objects, sites, districts, areas and lands within the City which may be eligible for designation as historic landmarks or districts, and prepare a "Historic Landmark and Dist�ict Preservation Plan". B. The Preservation Plan shall be presented to the McHenry City Council for consideration and recommendation for inclusion in the McHenry Comprehensive , Land Use Plan, as amended. At least bi-annually, the Commission shall review and � take appropriate action on any amendments to the plan deemed necessary. 3. NOMINATION OF LANDMARKS AND PRESERVATION DISTRICTS: The Commission or any person(s) may propose landmarks or preservation districts for designation by the McHenry City Council by filing a nomination for any properties and structures located within the incorporated geographical boundaries of the City of McHenry. In situations where the owner(s) of single proqosed landmarks or 25% of owners in aroposed preservation districts obiect to nomination as landmark or areservation district, the Mavor and City Council, bv simale maioritv, shall initiate the nomination process. Nomination forms shall be filed with the City of McHenry City Clerk's Office. Such forms �� shall be provided by the Commission, and when submitted, shall include or be accompanied by the following: A. The name and address, as shown on the tax assessor's rolls, of the owner of the nominated party; B. The legal description and common street address of the property proposed for designation; C. A statement indicating whether or not the owner(s) consent(s) to the landmark designation; all reasonable efforts shall be made to secure the written consent of the owner(s) before proceeding with the designation. The owner(s) of record of any property for which an application is made [unless the request is made by the owner(s)] shall be informed within seven (7) working days of receipt of such . application. A landmark can be nominated or designated without the owner's consent. D. A map delineating the boundaries and location of the property proposed for designation; E. A written statement with photographs describing the property and setting forth the reasons in support of the proposed designation; F. In nominating an area for designation as an historic district, a list enumerating all properties and improvements previously designated, or currently pending designation, as a landmark by this Commission or listed on any Illinois State or Federal registers of historic places; and, G. Pay application fee, if any, to cover the cost of the review process, for submitting `, a nomination form to the Commission for designation of a landmark or preservation district. 4. CRITERIA FOR CONSIDERATION OF NOMINATION The Commission may recommend to the McHenry City Council the designation of landmarks, upon written proof of owner notification, and preservation districts, upon written proof , Rev. 12-10-97 Page 10 � of notification of all property owners whose property is located within the boundaries of the proposed district, after a thorough investigation results in a determination that a propertv, structure or alteration or area so recommended is located within the corporate limits of the Citv of McHenry and is at least fiftv (50) vears old and meets one (1) or more of the follow�na criteria. A. It has character, interest or value which is part of the development, heritage orcultural characteristic(s) of the City of McHenry, the County of McHenry, State of Illinois or the Nation; B. Its location is a site of significant local, County, State or National event; C. It is identified with a person or persons who significantly contributed to the , development of the City of McHenry, County of McHenry, State of Illinois or the ' Nation; D. 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. It is identified with the work of a master builder, designer, architect or landscape architect whose individual. work has influenced the development of the City of McHenry, County of McHenry, State of Illinois or the Nation; F. It embodies elements of design, detailing, materials or craftsmanship that render it architecturally significant; G. It embodies design elements that make it structurally or architecturally innovative; H. It has a unique location or singular physical characteristic that make it an established or familiar visual feature; � I. It has character which 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. It establishes a sense of time and place unique to the City of McHenry; K. It is suitable for preservation or restoration, that is, it shall have sufficient integrity of location, design, materials and workmanship; L. It is included in the National Register of Historic Places and/or the Illinois Register of Historic Places; M. It has yielded, or may be likely to yield information important to pre-history or other areas of archaeological significance; N. It is an exceptional example of a historic or vernacular style or one of few remaining . in the City of McHenry. O. It shall be at least 50 years old. 5. INITIAL REPORT AND RECOMMENDATION OF COMMISSION The Commission shall within thirty (30) days from receipt of a completed application for designation cause to be written an initial recommendation and report stating whether the nominated landmark or preservation district does or does not meet the criteria for designation as provided for in Article III, Section 4 herein. The report shall contain the following information: A. An explanation of the significance or lack of significance of the nominated landmark or preservation district as it relates to the criteria for designation; B. A description of the integrity or lack of integrity of the nominated landmark or � preservation district; C. In the case of a nominated landmark found to meet the criteria for designation: i) A description of the significant exterior architectural features of the nominated landmark that should be protected; ii) A description of the types of construction, afteration, demolition permit, that should be reviewed for appropriateness pursuant to the provisions of Article ' Rev. 12-10-97 Page 11 IV, Sections 2C through 2D of this ordinance; � D. In the case of a nominated preservation district found to meet the criteria for designation: i) A description of the types of significant exterior architectural features of the structure within the nominated preservation district that should be protected; ii) A description of the types of alterations and demolitions that should be reviewed for appropriateness pursuant to the provisions of Article IV, Sections 2C through 2D of this ordinance; E. The relationship of the nominated landmark or preservation district to the ongoing effort of the Commission to identify and nominate all potential areas and structures that meet the criteria for designation; , F. A map showing the location of the nominated landmark and the boundaries of the � nominated preservation district. The recommendation and report shall be available to the public in the office of the City Clerk of the City of McHenry. 6. NOTIFICATION OF NOMINATION The Commission shall, within tFiirty (30) days from completion of the initial report and recommendation as described above in Article III Section 4, cause to be scheduled a public hearing on the nomination. Notice of the date, time, place and purpose of the public hearing and a copy of the completed nomination form shall be sent by certified mail to the owner(s) of record and to the nominators, as well as by regular mail to property owners adjoining the nominated landmark or preservation district at least fifteen (15) days, but not more than thirty (30) days, � prior to the date of the hearing. Such notice shall also be published in a newspaper having general circulation in the area surrounding the nominated property or district at least fifteen (15) days, but not more than thirty (30) days, prior to the date of the hearing. All notices shall state the street address and permanent index number or legal description of nominated landmark and the boundaries of a nominated district. 7. HEARING A public hearing shall be scheduled, and notification made thereof, pursuant to Article III, Section 6, above. Oral or written testimony shall be taken at the public hearing from any person or organization concerning the nomination. The Commission may solicit expert testimony or present its own evidence regarding the historic, archaeological or scenic significance of a � proposed landmark or of any property within a� proposed preservation district relative to compliance with criteria for consideration set forth above in Section 4 of this article. The owner of any nominated landmark or of any property within a nominated preservation district shall be allowed reasonable opportunity to present evidence regarding historic, archaeological, architectural or scenic significance and shall be afforded the right of representation by counsel and reasonable opportunity to cross-examine expert witnesses. The hearing shall be closed upon completion of testimony. 8. RECOMMENDATION OF COMMISSION Within thirty (30) days following close of the public hearing, the Commission shall make its determination upon the evidence whether the proposed landmark or preservation district does � or does not meet the criteria for designation. A recommendation to the McHenry City Council that the proposed landmark or preservation district does or does not meet the criteria for designation and should or should not be designated shall be passed by resolution of the Commission. This recommendation shall be accompanied by a report stating the findings of the Commission concerning the historic, archaeological or scenic significance of the proposed landmark or preservation district. The Commission shall forward copies of the resolution and Rev. 12-10-97 Page 12 report to the applicant and the owner(s) of the subject property or representative for petitioner(s) � of the subject area. 9. DESIGNATION The McHenry City Council, upon �ecommendation from the Commission that the proposed landmark or preservation. district should be designated, shall review the report and recommendation of the Co�mmission. The McHenry City Council may schedule a public hearing, when they deem necessary, concerning the proposed designation and shall provide notice of public hearing in the same manner as provided in Section 6 of this article. The McHenry City Council, after reviewing the report and recommendation, shall within sixty (60) days from receipt of the recommendation of the Commission, take one of the following steps: , A. Designate the landmark or preservation district by ordinance; or, � B. Refer the report and recommendation back to the Commission with suggestions for revisions stating its reasons for such action. C. Denv the application for landmark desiqnation. If the Citv Council denies the Qetition no application for landmark designation of the same site or structure shall be made within ninety (90) days of the date of the final action on the original application. � 10. NOTICE OF DESIGNATION Notice of the action of the McHenry City Council including a copy of the ordinance designating the landmark or preservation district, shall be sent by regular mail to all persons of record, including but not limited to each owner of record of a landmark or property within a � preservation district and to owners of adjacent and immediately surrounding properties affected by a proposed landmark designation. Further, as soon as is reasonably possible, the City of McHenry Mayor shall cause to be notified the McHenry City Clerk's office who will then notify the appropriate City offices, the McHenry County Recorder of Deeds and all other appropriate County offices by forwarding to each a copy of the designation ordinance. The Recorder of Deeds shall ensure that designation be recorded on all directly affected parcels. 1 1 . PUBLICATION OF MAP A map showing the location of all designated landmarks and preservation districts shall be published and amended upon each designation. Copies of the maps shall be available to the public at the office of the City Clerk of the City of McHenry. 12. APPEALS Adoption of an ordinance designating a landmark or preservation district by the McHenry City Council shall be a final action reviewable under Section 3-101 of the Illinois Administrative Review Law. 13. INTERIM CODE No building permit shall be issued by the City of McHenry Building and Zoning Department for alteration, construction, demolition or removal of a nominated landmark or for any property or structure(s) within a nominated preservation district from the date of the meeting of the Commission at which a nomination form is first presented until the final disposition of the � nomination by the McHenry City Council unless such alteration , removal or demolition is necessary for public health, safety or welfare. In no event shall the delay be for more than one- hundred fifty (150) days. . ` Rev. 12-10-97 Page 13 14. MARKING BY ATTACHMENT OF A PLAQUE � Each designated landmark, landmark site and preservation district may be marked by an appropriate plaque carrying a brief description and account of the historical significance of the property. 15. AMENDMENT AND RESCISSION OF DESIGNATION The McHenry City Council, upon recommendation of the Commission, may amend or rescind designation by the same procedure and according to the same standards and considerations set forth for designation. ARTICLE IV '� ALTERATION, CONSTRUCTION, DEMOLITION AND MAINTENANCE 1 . SCOPE Work on property and improvements so designated pursuant to this ordinance shall be regulated as follows: A. Landmarks: No significant alterations, exterior construction, and/or exterior demolition may be performed on property and structures which have been designated under this ordinance as landmarks or in the process of being nominated for landmark status, except as shall be approved by a "Certificate of Appropriateness". ,� B. Preservation Districts: No significant alterations, exterior construction, and/or exterior demolition may be performed on property and structures which have been designated under this ordinance as a preservation district or are in the process of being nominated for a preservation district, except as shall be approved by a "Certificate of Appropriateness". 2. CERTIFICATE OF APPROPRIATENESS A. A "Certificate of Appropriateness" from the Commission established pursuant to this ordinance shall be required for any significant alteration, construction, demolition or removal that affects pending or designated landmarks and preservation districts undertaken. Such a certificate is required for all such actions from the date a nomination in proper form for designation is submitted to the Commission. B. Application for Certificates of Appropriateness - Every application submitted to the City of McHenry Building and Zoning Department, for a permit wherein the applicant represents and/or delineates plans to commence any action as immediately described above in subsection (A) affecting any such property, improvements or areas therein described, shall be forwarded by the City of McHenry Zoning Enforcement Officer to a representative or representatives of the Commission, within (3) days following the receipt of said application by the City of McHenry Building and Zoning Department. The City of McHenry Building and Zoning Department shall not issue a building or demolition permit until a "Certificate of Appropriateness" has been � issued by the Commission. Any applicant may request a meeting with the Commission before the application is sent by the City of McHenry Zoning Enforcement Officer to the Commission or during the review of the application. Application for review of construction, alteration, demolition or removal not requiring a building permit, but for which a "Certificate of Appropriateness" is required, shall Rev. 12-10-97 Page 14 be made on a form prepared by the Commission and available at the City of � McHenry Building and Zoning Department. The Commission may schedule, provide notice and conduct a public hearing concerning the application in the manner previously described in Article III, Sections 6 and 7. If a public hearing is not scheduled, the Commission may consider the completed application at its next regular meeting and may grant a "Certificate of Appropriateness" at that time. The Commission may further request staff support in reviewing and approving routine applications for "Certificates of Appropriateness" when the proposed work is clearly appropriate and in accordance with the criteria set forth in Article IV, Section 2(C) and (D) below, and the purposes of this , � ordinance. The Commission shall act promptly and in a reasonable manner in its judgment of plans for new construction for alteration, removal or demolition of structures in preservation districts that have little historic value and that are not shown on priority lists, except where such construction, alteration or demolition would seriously impair the historic or architectural value of surrounding structures or the surrounding area. C. Design Guidelines-The Commission shall consider the following factors in reviewing applications for "Certificates of Appropriateness": i) HEIGHT: compatible with the style and character of the landmark and with surrounding structures within a preservation district; � ii) PROPORTIONS OF WINDOWS AND DOORS: compatible with the architectural style and character of the landmark and with the surrounding structures within a preservation district; iii) RELATIONSHIP OF BUILDING MASSES AND SPACES: compatible within a preservation district to open space between it and adjoining structures; iv) ROOF SHAPE: compatible with the architectural style and character of the landmark and surrounding structures in a preservation district; v) LANDSCAPING: compatible with the architectural style and character of the landmark and surrounding structures in a preservation district; vi) SCALE: compatible with architectural style and character of the landmark and surrounding structures in a preservation district; . vii) DIRECTIONAL EXPRESSION: compatible with the dominant horizontal or vertical expression of surrounding structures and facades; viii) ARCHITECTURAL DETAILS: treated to make a landmark compatible with its original architectural style or character. D. Application for "Certificate of Appropriateness" - the following information will be required on all applications for "Certificates of Appropriateness": i) Street address of the property involved; ii) Legal description of the property involved; iii) Brief description of the present improvements situated on the property; iv) A detailed description of the construction, alteration, demolition or use � proposed together with any architectural drawings or sketches if those services have been utilized by the applicant and if not, a sufficient description of the construction, alteration, demolition and use to enable anyone to determine what final appearance and use of the real estate will be. Such description may require a landscape plan; v) Owner's name; Rev. 12-10-97 Page 15 vi) Developer's name, if different than owner; � vii) Architect's or Contractor's name; viii) A filing fee is required. E. Standards for Review - the Commission, in considering the appropriateness of any alteration, demolition, new construction, removal of any property or structures designated, or pending designation, as a landmark or any area designated, or pending designation as a preservation district, shall be guided by the following general standards in addition to any design guidelines in the ordinance designating the landmark or preservation district, as well as conformance to applicable zoning , classification, height and area limitation: J i) Every reasonable effort shall be made to provide a compatible use for a property that requires minimal alteration of the building, structure, or site and its environment, or to use a property for it's originally intended purpose. ii) The distinguishing original qualities or character of a building structure or site and it's environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural feature should be avoided when possible. iii) All buildings, structures and sites shall be recognized as products of their time. Alterations which have no historical basis and which seek to create an earlier appearance shall be discouraged. .� iv) Changes which may have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment. These changes my have acquired significance in their own right, and this significance shall be recognized and respected. v) Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be treated with sensitivity. vi) Deteriorated architectural features shall be repaired, rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplication of features, . substantiated by historic, physical or pictorial evidence, rather than on conjectural designs or the availability of different architectural elements from other buildings or structures. vii) The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods which will damage the historic building materials shall not be undertaken. viii) Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to, any project. ix) Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is `, compatible with the size, scale, color, material and character of the property, neighborhood or environment. x) Wherever possible new additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired. Rev. 12-10-97 Page 16 F. Determination by Commission - Within fifteen (15) days (Saturdays, Sundays and legal holidays excluded) after support staff review, or from the date of the regular � meeting, or from the close of a public hearing concerning an application for a "Certificate of Appropriateness", or within such further time as the applicant for said certificate (and/or permit) approves in writing, the Commission shall determine whether: i) the proposed construction, removal or other modification will be appropriate to the preservation of the particular landmark or preservation district and a "Certificate of Appropriateness" may be issued; or, ii) such proposed modification is inappropriate to the preservation of the , particular landmark or preservation district and a "Certificate of ' Appropriateness" may be denied. Written notice of the approval or denial of the application for a "Certificate of Appropriateness" shall be provided to the applicant, sent by certified mail with return receipt requested, , and to the City of McHenry Building and Zoning Department within seven (7) days (Saturdays, Sundays and legal holidays excluded) following the determination and shall be accompanied by a "Certificate of Appropriateness" in the case of approval. G. Denial of "Certificate of Appropriateness" - A denial of a "Certificate of Appropriateness" shall be accompanied by a statement of the reasons for the denial. � The Commission shall make recommendations to the applicant concerning changes, if any, in the proposed action that would cause the Commission to reconsider its denial and shall confer with the applicant and attempt to resolve as quickly as possible the difference(s) between the applicant and the Commission. The applicant may resubmit an amended application or reapply for a building or demolition permit that takes into consideration the recommendations of the Commission. H. Decision Binding on Zoning Enforcement Officer - The City of McHenry Building and Zoning Enforcement Officer shall be bound by the determination of the Commission and approve, if in conformance with other provisions of the Building Code, or disapprove any application for the proposed construction, alteration, removal of an . exterior architectural feature, or demolition of any building or structure in a preservation district or any landmark in accordance with said determination. I. Failure of Commission to Review Application in a Timely Manner - Failure of the Commission to act upon an application for "Certificate of Appropriateness" within ninety (90) days shall constitute approval and no other evidence shall be needed. This time limit may be waived only by mutual consent of the applicant and the Commission. J. Demolitions - Pursuant to Article IV, Section 2(C) and (D) above, the Commission may deny any application for a "Certificate of Appropriateness" where demolition � is proposed upon a finding that such proposed action will adversely affect the historic, archaeological, architectural or scenic significance of a landmark or preservation district. Upon receipt of an application for a "Certificate of Appropriateness" for demolition, the Commission shall as soon as possible make a determination, supported by written findings, whether one or more of the following criteria are met: Rev. 12-10-97 Page 17 i) The structure located within a preservation district is of such interest or quality that it would reasonably meet national, state or local criteria for �'' designation as an historic or architectural landmark on its own credentials. ii� The structure is of such unusual or uncommon design, texture or materials that it could not be reproduced, or be reproduced only with great difficulty and expense. iii) Retention of the structure would aid substantially in preserving and protecting another structure which meets criteria (i) or (ii) above. Where the Commission determines that one or more of these criteria are met, no "Certificate of Appropriateness" shall be issued and the application shall be denied. . � Additionally, the Commission shall require the applicant to submit for review and consideration post-demolition plans to include drawings or sketches with sufficient detail to show, as far as they relate to exterior appearance, the architectural design of any and all improvements incorporated in such plans. K. Compliance with Certificate - A "Certificate of Appropriateness" will become void: i) if there is any change in the scope of work pursuant to the approved application subsequent to the issuance of the certificate; or, ii) if twelve (12) months have elapsed after the issuance of the certificate and no building permit has been issued, or if twenty-four (24) months have lapsed after issuance of the last building permit and the project has not been � completed. I. Appeals - A denial of "Certificate of Appropriateness" is an administrative decision as defined in Section 3-101 of the Administrative Review Law, and it shall be subject to judicial review pursuant to provision of said Administrative Review Law and all amendments and modifications thereof, and the rules adopted thereto. 3. ECONOMIC HARDSHIP A. The Commission shall issue a "Certificate of Economic Hardship" upon determination that the failure to issue a "Certificate of Appropriateness" has denied, or will deny, the owner of a landmark or of a property within a preservation district all reasonable � use of, or return on, the property. ��Application for a "Certificate of Economic Hardship" shall be made on a form and in the manner as prescribed in Article III, Section 6 of this ordinance and conduct the hearing in the same manner as prescribed in Article III, Section 7, of this ordinance. B. The Commission may adopt procedural rules concerning the types of information, evidence or expert testimony which it considers necessary to make a determination on an application for a "Certificate of Economic Hardship". The following may be included: i? An estimate of the cost of the proposed construction, alteration, demolition or removal of an estimate of any additional cost that would be incurred to � comply with the recommendations of the Commission for changes necessary for the issuance of a "Certificate of Appropriateness". ii) A report from a licensed engineer or architect, licensed in the State of Illinois, with experience in rehabilitation as to the structural soundness of any structures on the property for rehabilitation; Rev. 12-10-97 Page 18 iii) Estimated market value of the property in its current condition; after completion of the proposed construction, alteration, demolition or removal; � after any changes recommended by the Commission; and, in the case of a proposed demolition, after renovation of the existing property for continued use; , iv) Any substantial decrease in the fair market value of the property as a result of denial of the "Certificate of Appropriateness" and any substantial decrease in the pre-tax return to owner(s) of record or other investors in the property as a result of the denial of the "Certificate of Appropriateness"; v) In the case of a proposed demolition, an estimate from a licensed architect, developer, real estate consultant, appraiser or other real estate professional �, experienced in rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing structure on the property; vi) Amount paid for the property, the date of purchase and the party from whom purchased, including a description of the relationship, if any, between the owner(s) of record or applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer, and any consideration by the owner(s) as to profitable adaptive uses for the property; vii) If the property is income-producing, the annual gross income from the property for the previous two (2) years; itemized operating and maintenance expenses for the previous two (2) years; and depreciation deduction and annual cash flow before and after debt service, if any, during the same period; � viii) Remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the two (2► previous years, and all appraisals obtained within the previous two (2) years by the owner or applicant in connection with the purchase, financing or ownership of the property; xi) Any listing of the property for sale or rent, price asked and offers received, if any, within the previous two (2) years; x) Assessed value of the property according to the two (2) most recent quadrennial assessments; xi) Real estate taxes for the previous two (2) years; xii) Form of ownership or operation of the property, whether sole proprietorship, � � for-profit or not-for-profit corporation, limited partnership, joint venture or other; and, xiii) Any other information, including the income tax bracket of the owner, applicant or principal investors in the property considered necessary by the Commission to make a determination as to whether the property does yield or may yield a reasonable return to owners. C. Determination of Economic Hardship - Within one-hundred and twenty (120) days of receiving a request for a "Certificate of Economic Hardship" the Commission, upon a determination that the denial of a "Certificate of Appropriateness" has been denied, or will be denied the owner of a landmark or of a property within a � preservation district of all reasonable use of, or return on, the property, shall undertake one or the other of the following actions: i) Offer the owner of the property reasonable financing, tax or other incentives sufficient to allow a reasonable use of, or return on, the property; or, ii) Offer to purchase the property at a reasonable price or institute eminent domain proceedings pursuant to Article VII of the Illinois Code of Civil Rev. 12-10-97 Page 19 Procedure; or, � iii) Issue a "Certificate of Appropriateness" for the proposed construction, alteration, demolition or removal. Written notice of the determination shall be provided in the same manner as required by Article IV, Section 2(f) of this ordinance. D. Appeals - A denial of a "Certificate of Economic Hardship" is an administrative decision as defined in Section 3-101 of the Administrative Review Law, and it shall be subject to judicial review pursuant to provisions of said law and all amendments and modifications thereof, and the rules thereto. The McHenry City Council may receive comments on the contents of the record. Such appeal must be made within . , fifteen (15) days of final denial of "Certificate of Economic Hardship". 4. MAINTENANCE OF HISTORIC PROPERTIES Nothing in the article shall be construed to prevent the ordinary maintenance of any exterior elements of a property or structures designated or nominated as a landmark or located within a designated or nominated preservation district. 5. PUBLIC SAFETY EXCLUSION None of the provisions of this ordinance shall be construed to prevent any measures of construction, alteration or demolition necessary to correct or abate the unsafe or dangerous condition of any structure, other feature or part thereof, where such condition has been declared unsafe or dangerous by the City of McHenry Zoning Enforcement Officer and/or the McHenry � County Health Department or Fire Protection District and where the proposed measures have been declared necessary by such department(s) or agency(ies) to correct the said condition, provided, however, that only such work as is reasonably necessary to correct the unsafe or dangerous condition may be performed pursuant to this section. In the event any structure or other feature shall be damaged by fire or other calamity, or by public enemy, to such an extent that, in the opinion of the aforesaid departmentls) or agency(ies) it cannot reasonably be repaired and restored, it may be removed in conformity with normal permit procedures and applicable laws. ARTICLE V ENFORCEMENT, PENALTIES and EQUITABLE RELIEF � 1 . ENFORCEMENT �� The City of McHenry Building and Zoning Department shall give written notification, sent by certified mail, return receipt requested, of any violation of this ordinance to the owner(s) of record, lessor, the trustee or other legally responsible party for such property, stating in such notification that they have inspected the property and have found violation and shall state in clear and precise terms a description or explanation of the violation. The property owner(s) of record, trustee, lessor or legally responsible party shall have thirty (30) days from the date he receives the notice in which to correct such violation or to give satisfactory evidence which he has taken steps that will lead to correcting such violation within a stated period of time, which time must be agreeable to the City of McHenry Building and Zoning Department as being fair and reasonable. �, Upon recommendation of the Commission, the City of McHenry may petition the Circuit Court of McHenry County to restrain and/or enjoin any construction, removal, alteration or demolition in violation of this act and may request the removal in whole or part of any exterior architectural feature existing in violation of this ordinance which may be necessary or desirable to redress any alteration or demolition in said violation. Rev. 12-10-97 � � Page 20 2. PENALTIES � Any person found to. be in violation of any provision of this ordinance shall be guilty of a separate offense for each day or portion thereof during which such violation is committed, continued or permitted, and each offense may be punishable by a fine of not less than fifty dollars ($50.00), nor more than five hundred dollars (5500.00), or to imprisonment in the County jail for a period of not more than six (6) months, or both at the discretion of the court. , ' A. Any person, firm or corporation who alters, repairs, relocates or demolishes by neglect any landmark or any structure within a preservation district without complying with the provisions of this ordinance shall be required to restore the building or structure and its site to its appearance prior to the violation. Any action to enforce this section shall be brought by the McHenry County State's Attorney, a designee or by designated representative of the City of McHenry Building and Zoning Department. This civil remedy shall be in addition to and not in lieu of any criminal prosecution and penalty contained in this section. B. In the case of an unauthorized demolition of a landmark or a property within a designated preservation district, the City of McHenry Building and Zoning Department will refuse to issue a building permit for the subject property for a period �. of five (5) years after the date of the demolition. 3. EQUITABLE RELIEF In addition to other remedies by law, the City of McHenry may institute any appropriate action or proceeding to prevent, restrain, abate or correct a violation of this ordinance including, but not (imited to, requiring the restoration of property and improvements to it's appearance prior to the violation. �..