For the purposes of this chapter, certain words, phrases and terms shall have the following meanings:
“Alteration” means 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 or natural condition.
“Archeological significance” means 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 of 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.
“Architectural significance” means 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 community, County of McHenry, State of Illinois or the Nation.
“Area” means a specific geographic division of McHenry County.
“Building” means any structure designed or constructed for residential, commercial, industrial, agricultural or other use.
“Certificate of appropriateness” means 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.
“Certificate of economic hardship” means 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.
“Commission” means the McHenry County Historic Preservation Commission, hereinafter referred to as “Commission.”
“Commissioners” means members of the McHenry County Historic Preservation Commission.
“Conservation right” means and 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.” Ill. Rev. Stat. 1989, Ch. 30, Par. 401 et seq.
“Construction” means 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.
“Demolition” means any act or process which destroys in part or in whole a landmark or building or structure within a preservation district.
“Demolition by neglect” means 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 McHenry County Building and Zoning Department or the McHenry County Department of Health.
“Design criteria” means standards of appropriate activity that will preserve the historic, architectural, scenic or aesthetic character of a landmark or preservation district.
“Development rights” means the development rights of a landmark or of a property within a preservation district as defined in § 11-48.2-1 A of the Illinois Municipal Code, Ill. Rev. Stat. 1989, Ch. 24, Par 11-48.2-1 A as amended from time to time.
“Development rights bank” means a reserve for the deposit of development rights as defined in § 11-48.2-1A of the Illinois Municipal Code. Ill. Rev. Stat. 1989, Ch. 24, Par. 11-48.2-1 A as amended from time to time.
“Economic incentives” means 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.
“Exterior architectural appearance” means 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.
“Historic district” means preservation district.
“Historic significance” means character, interest or value as part of the development, heritage or culture of the community, 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 community, McHenry County, Illinois State, or the nation.
“Landmark” means a property or structure designated as a “landmark” by ordinance of the McHenry County Board, pursuant to procedures prescribed herein, which is worthy of rehabilitation, restoration or preservation because of its historic, scenic or architectural significance.
“Landscape” means a natural feature or group of natural features such as, but not limited to, valleys, rivers, lakes, swamps, marshes, forests, woods, hills, combination of natural features and buildings, structures, objects, cultivated fields, or orchards in a predominantly rural setting.
“McHenry County Register of Historic Places” means a list of sites, structures and historic districts identified by the McHenry County Historic Preservation Commission and designated by the McHenry County Board as local landmarks.
“Nomination” means a determination by the Commission at the preliminary review that an application merits further consideration for designation.
“Object” means any tangible thing, including any items of personal property, including, but not limited to wagons, boats and farm machinery, that may be easily moved or removed from real property.
“Owner of record” means the person, corporation or other legal entity in whose name the property appears on the records of the McHenry County Recorder of Deeds.
“Preservation district” means an area designated as a “preservation district” by ordinance of the McHenry County Board 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.
“Property” means the real property and any and all improvements, structures, objects or works of art situated on it.
“Removal” means any relocation of a structure, object or artifact within or on the site or to another site.
“Repair” means any change that is not construction, alteration, demolition or removal and is necessary or useful for continuing normal maintenance and upkeep.
“Scenic significance” means importance 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 result of a unique location, appearance, or familiar vista or visual feature; or as a geologic or natural feature associated with the development, heritage or culture of the community, McHenry County, Illinois State, or the Nation.
“Secretary/staff” means the person(s) appointed by the McHenry County Board to undertake the responsibilities assigned by this chapter, and to assist the McHenry County Historic Preservation Commission.
“Site” means 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, battlefields, settlements, estates, gardens, groves, river crossings, routes, trails, caves, quarries, mines, or significant trees or other plant life.
“Specific standards for review of exterior alteration” means a set of guidelines and regulations interpreting and applying the standards in this chapter to the exterior architectural appearance and significant historical or architectural features or designated landmark or preservation district.
“Structure” means 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, advertising, signs, billboards, backstops for tennis courts, bridges, fences, pergolas, gazebos, radio and television antennae, solar collectors, microwave antennae, including supporting towers, roads, ruins or remnants (including foundations), swimming pools or walkways.
“Substantial alteration” means any act or process which removes, obscures or irrevocably changes a significant historical or architectural feature and/or structure.
“Survey” means 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.
(Ord. O-9110-1200-49, Art. 1, § 2, passed 10-15-1991)