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]
(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:
