A certificate of appropriateness issued by the Commission shall be required before a building permit, moving or demolition permit is issued for any designated historic landmark or any building, structure or site or part thereof in the Historic District. It is required if the building, structure or site will be altered, extended, or repaired in such a manner as to produce a major change in the exterior appearance of such building or structure. Such major changes include, but are not limited to (subject to adoption of guideline amendment developed by Historic Preservation Commission and City staff):
A. 
Major changes by addition, alteration, maintenance, reconstruction, rehabilitation, renovation or repair;
B. 
Any new construction and demolition in whole or in part requiring a permit from the City of Crystal Lake;
C. 
Moving a building;
D. 
Any construction, alteration, demolition or removal affecting a significant exterior architectural feature as specified in the ordinance designating the landmark or Historic District.
In making a determination whether to approve or deny an application for a certificate of appropriateness, the Crystal Lake Historic Preservation Commission shall be guided by the Secretary of the Interior's "Standards for Rehabilitation" as follows:
A. 
A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site environment.
B. 
The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.
C. 
Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.
D. 
Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.
E. 
Distinctive stylistic features or examples of skilled craftsmanship that characterize a building, structure, or site shall be treated with sensitivity.
F. 
Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities, and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.
G. 
Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of the structures, if appropriate, shall be undertaken using the gentlest means possible.
H. 
Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.
I. 
New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.
J. 
New additions and adjacent or related new construction shall be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
Design guidelines for applying the criteria for review of certificates of appropriateness shall, at a minimum, consider the following architectural criteria:
A. 
Height. The height of any proposed alteration or construction should be compatible with the style and character of the landmark and with surrounding structures in an Historic District.
B. 
Proportions of windows and doors. The proportions and relationships between doors and windows should be compatible with the architectural style and character of the landmark.
C. 
Relationship of building masses and spaces. The relationship of a structure within an Historic District to the open space between it and adjoining structures should be compatible.
D. 
Roof shape. The design of the roof, facia, and cornice should be compatible with the architectural style and character of the landmark.
E. 
Landscaping. Landscaping should be compatible with the architectural character and appearance of the landmark.
F. 
Scale. The scale of the structure after alteration, construction, or partial demolition should be compatible with its architectural style and character and with surrounding structures in an Historic District.
G. 
Directional expression. Facades in Historic Districts should blend with other structures with regard to directional expression. Structures in an Historic District should be compatible with the dominant horizontal or vertical expression of surrounding structures. The direction expression of a landmark after alteration, construction, or partial demolition should be compatible with its original architectural style and character.
H. 
Architectural details.
(1) 
Architectural details including types of materials, colors, and textures should be treated so as to make the landmark compatible with its original architectural style and character and to preserve and enhance the architectural style and character of a landmark or Historic District.
(2) 
New structures in an Historic District shall be compatible with the architectural styles and design in said districts.
[Amended 6-3-2014 by Ord. No. 7036]
A. 
Applications for certificates of appropriateness shall be filed in the Community Development Department on forms approved by the Commission. Persons wishing guidance or advice prior to completing an application may contact the staff of the Community Development Department.
(1) 
The application shall include:
(a) 
Street address of the subject property.
(b) 
Legal description of the subject property.
(c) 
Brief description of the present improvements on the subject property.
(d) 
A detailed description of the construction, alteration, demolition or use proposed together with architectural drawings or sketches if those have been used by the applicant, and if not, a sufficient description of construction, alteration, demolition, and use to enable the Commission to determine what final appearance and use of the subject property will be.
(e) 
Owner's name.
(f) 
Contractor's name, if different than owner.
(g) 
Architect's name.
(2) 
A filing fee may be required.
B. 
At the next regular meeting, the Commission shall review the application and may grant a certificate of appropriateness if it finds that the proposed work is clearly appropriate and in accordance with the applicable criteria set forth in this article. The Commission's decision shall be in writing and shall include findings of fact in support thereof. Copies of the decision shall be mailed to the applicant with copies forwarded to the Community Development Department.
C. 
After the issuance of a certificate, no change may be made in the proposed work without resubmittal of an application. The certificate of appropriateness remains valid for the same period of validity as the building permit.
A. 
In the event of denial of an application for a certificate of appropriateness, the Commission shall notify the applicant in writing of the denial and the reasons therefor and shall recommend changes, if any, in the proposed action that would cause the Commission to reconsider its denial.
B. 
Within 15 days of receipt of the notification of denial, the applicant may resubmit an amended application that takes into consideration the recommendations of the Commission. The application shall be considered to be withdrawn if no written modification is received.
A. 
The Commission shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the applicant by mailing notice of the hearing, said mailing to be made at least 10 days prior to the date of the hearing.
B. 
The Chair shall conduct the hearing, and the Commission and the applicant shall have the right to introduce evidence and cross examine witnesses. A recorded or written transcript of the hearing shall be made and kept.
C. 
The Commission shall vote, announce its decision, makes its recommendation, and notify the Community Development Department and the applicant within five days after the conclusion of the hearing, unless the time is extended by mutual agreement between the Commission and the applicant.
[Amended 6-3-2014 by Ord. No. 7036]
D. 
In the event of a denial of appeal by the Commission, the applicant may appeal the decision to the City Council, whose decision in this matter shall be final.
A. 
A certificate of economic hardship shall be issued by the Commission upon a finding by it that all reasonable use of, or return from, a designated landmark or property within an Historic District would be denied a property owner as a result of the denial of a certificate of appropriateness. Economic hardship shall be considered by the Commission if an applicant, at the time of the hearing, has produced the following information in an affidavit signed by the owner of the subject property and improvements:
(1) 
The 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 and person from whom the property was purchased).
(2) 
The assessed value of the land and improvements thereon according to the two most recent assessments.
(3) 
Real estate taxes for the previous two years.
(4) 
Remaining balance on mortgage, if any, and annual debt service, if any, for the previous two years.
(5) 
All appraisals obtained within the previous two years by the owner or applicant in connection with this purchase, financing or ownership of the property.
(6) 
Any listing of the property for sale or rent, price asked and offers received, if any.
(7) 
Any consideration by the owner as to profitable adaptive uses for the property.
(8) 
If the property is income-producing, the annual gross income from the property for the previous two years, itemized operating and maintenance expenses for the previous two years, and annual cash flow before and after debt service, if any, during the same period.
(9) 
Form of ownership or operation of the property, whether sole proprietorship, for-profit or not-for-profit corporation, limited partnership, joint venture or other.
(10) 
Any other information reasonably necessary for a determination as to whether the property can be reasonably used or yield a reasonable return to present or future owners.
B. 
Delay of work.
(1) 
If the Commission finds that without approval of the proposed work, the owner cannot obtain a reasonable economic return therefrom, then the proposed work shall be delayed for a period not to exceed three months. During this period of delay, the Commission shall investigate plans and make recommendations to the City Council to allow for a reasonably beneficial use or a reasonable economic return, or to otherwise preserve the subject property. Such plans and recommendations may include, but not be limited to, a relaxation of the provisions of this chapter, a reduction in real property taxes, financial assistance, Building Code modifications and/or changes in zoning regulation.[1]
[1]
Editor's Note: See Ch. 187, Building Code; and Ch. 650, Unified Development Ordinance.
(2) 
If by the end of this three-month period, the Commission has found that without approval of the proposed work, the property cannot be put to a reasonable beneficial use or the owner cannot obtain a reasonable economic return therefrom, then the Commission shall issue a certificate of economic hardship approving the proposed work. If the Commission finds otherwise, it shall deny the application for a certificate of economic hardship.
C. 
In the event of a denial of a certificate of economic hardship by the Commission, the applicant may appeal the decision to the City Council, whose decision in this matter shall be final.
Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior feature of any improvement designated as a landmark or any improvement located within an Historic District which does not involve change in such improvement's design or materials, or in any exterior architectural feature of the improvement.
Neither the owner of nor the person in charge of an improvement designated a landmark or an improvement located within an Historic District shall permit such improvement to fall into a state of disrepair which may result in the deterioration of any exterior appurtenance or architectural feature so as to produce or tend to produce a detrimental effect upon the character of the Historic District as a whole or the life and character of the improvement in question, including but not limited to:
A. 
The deterioration of exterior walls or other vertical supports.
B. 
The deterioration of roofs or other horizontal members.
C. 
The deterioration of exterior chimneys.
D. 
The deterioration or crumbling of exterior plaster or mortar.
E. 
The ineffective waterproofing of exterior walls, roofs and foundations, including broken windows or doors.
F. 
The deterioration of any feature so as to create or permit the creation of any hazardous or unsafe condition or conditions.
In the case of partial or complete natural destruction or demolition of a site within an Historic District or of a landmark, the owner will be required to obtain a certificate of appropriateness from the Commission prior to reconstruction. Although exact duplication of the previous structure may not be required, the exterior design of the property shall be in harmony with:
A. 
The exterior design of the structure prior to damage; and
B. 
The character of the preservation district.