A. A “certificate of appropriateness” from the Commission established pursuant to this chapter shall be required before any significant alteration, construction, demolition or removal that affects pending or designated landmarks and preservation districts is 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 McHenry County Building and Zoning Department, for a permit wherein the applicant represents and/or delineates plans to commence any action as described in subsection A. of this section affecting any such property, improvements or areas therein described, shall be forwarded by the McHenry County Zoning Enforcement Officer to a representative or representatives of the Commission, within three days following the receipt of said application by the McHenry County Building and Zoning Department. The McHenry County 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 McHenry County 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 be made on a form prepared by the Commission and available at the McHenry County Department of Planning. The Commission may schedule, provide notice and conduct a public hearing concerning the application in the manner previously described in §§ 15.40.110 and 15.40.120.
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 subsections C. and D. of this section, and the purposes of this chapter.
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”:
1. Height: compatible with the style and character of the landmark and with surrounding structures within a preservation district;
2. Proportions of windows and doors: compatible with the architectural style and character of the landmark and with the surrounding structures within a preservation district;
3. Relationship of building masses and spaces: compatible within a preservation district to open space between it and adjoining structures;
4. Roof shape: compatible with the architectural style and character of the landmark and surrounding structures in a preservation district;
5. Landscaping: compatible with the architectural style and character of the landmark and surrounding structures in a preservation district;
6. Scale: compatible with the architectural style and character of the landmark and surrounding structures in a preservation district;
7. Directional expression: compatible with the dominant horizontal or vertical expression of surrounding structures and facades;
8. Architectural Details: treated to make a landmark compatible with its original architectural style or character.
D. 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:
1. 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 its originally intended purpose.
2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural feature should be avoided when possible.
3. All buildings, structures and sites shall be recognized as products of their time. Alterations that have no historical basis and that seek to create an earlier appearance shall be discouraged.
4. Changes that 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 may have acquired significance in their own right, and this significance shall be recognized and respected.
5. Distinctive stylistic features or examples of skilled craftsmanship that characterize a building, structure or site shall be treated with sensitivity.
6. 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.
7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.
8. Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to, any project.
9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alteration 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.
10. 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.
E. 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:
1. 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
2. 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 the applicant, sent by certified mail with return receipt requested, and to McHenry County Planning Department within seven days (Saturdays, Sundays and legal holidays excluded) following the determination and shall be accompanied by a “certificate of appropriateness” in the case of approval.
F. 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.
G. Decision Binding on Zoning Enforcement Officer. The McHenry County 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.
H. 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.
I. Demolitions. Pursuant to subsections C. and D. of this section, 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:
1. 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.
2. 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.
3. Retention of the structure would aid substantially, in preserving and protecting another structure which meets the criteria of subsection I.1. or 2. of this section.
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.
J. Compliance with Certificate. A “certificate of appropriateness” will become void:
1. If there is any change in the scope of work pursuant to the approved application subsequent to the issuance of the certificate; or
2. 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.
K. Appeals. A denial of a “certificate of appropriateness” is an administrative decision as defined in § 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.
(Ord. O-9110-1200-49, Art. 4, § 2, passed 10-15-1991)