A. Nomination:
1. Scope: The commission or any person may nominate landmarks or preservation districts for designation by the City Council, provided however, only the Mayor and City Council shall be permitted to nominate a landmark or preservation district if the owner of a single proposed landmark, or twenty five percent (25%) or more of the owners in a proposed preservation district, object to the nomination.
2. Forms, Information Required: Nomination forms shall be filed with the City Clerk, and shall include the following:
a. The name and address of the owner of record of the nominated landmark or of all properties in a nominated preservation district;
b. The legal description and common street address(es) of the nominated landmark or preservation district;
c. A map delineating the boundaries and location of the nominated landmark or preservation district;
d. A statement indicating whether the owner of record of a single nominated landmark or each of the owners of record within a nominated preservation district consents to the landmark designation; all reasonable efforts shall be made to secure the written consent of the owner(s) before filing the nomination;
e. A written statement, with photographs, describing the property and setting forth the reasons in support of the nomination;
f. In nominating an area for designation as a preservation district, a list enumerating all properties and improvements in the area previously nominated or designated as a landmark by the City, or listed on any State or Federal Registers of Historic Places.
B. Criteria For Designation: The commission may recommend to the City Council the designation of landmarks and preservation districts, upon written proof of notification of the owner of record of a single nominated landmark or each of the owners of record within a nominated preservation district, after a thorough investigation results in a determination that a property, structure or district so recommended is at least fifty (50) years old and meets one or more of the following criteria:
1. It has character, interest or value which is part of the development, heritage or cultural characteristics of the City, County, State or the Nation;
2. Its location is the site of a significant local, County, State or national event;
3. It is identified with a person or persons who significantly contributed to the development of the City, County, State or the Nation;
4. It embodies distinguishing characteristics of an architectural style valuable for the study of a period, type, method of construction or use of indigenous materials;
5. 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, County, State or the Nation;
6. It embodies elements of design, detailing, materials or craftsmanship that render it architecturally significant;
7. It embodies design elements that make it structurally or architecturally innovative;
8. It has a unique location or singular physical characteristic that make it an established or familiar visual feature;
9. 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;
10. It establishes a sense of time and place unique to the City;
11. It is suitable for preservation or restoration because of its integrity of location, design, materials and workmanship;
12. It is included in the National Register of Historic Places or the Illinois Register of Historic Places;
13. It has yielded, or may be likely to yield, information important to prehistory or other areas of archaeological significance;
14. It is an exceptional example of a historic or vernacular style or one of few remaining in the City.
C. Initial Report: Within thirty (30) days from receipt of a complete nomination, the commission shall cause to be written an initial report stating whether the nominated landmark or preservation district meets the criteria for designation herein. The report shall be available to the public in the Office of the City Clerk, and shall contain the following information:
1. An explanation of the significance or lack of significance of the nominated landmark or preservation district as it relates to the criteria for designation;
2. A description of the integrity or lack of integrity of the nominated landmark or preservation district;
3. 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;
4. In the case of a nominated landmark or preservation district found to meet the criteria for designation, the report shall contain:
a. A description of the significant exterior architectural features of the nominated landmark that should be protected;
b. A description of the types of construction, alterations, or demolitions that should be reviewed for appropriateness pursuant to this chapter.
D. Public Hearing On Nomination:
1. Within thirty (30) days from completion of the initial report and recommendation, the commission shall schedule a public hearing on the nomination.
2. Oral or written testimony shall be taken at the public hearing. 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 the criteria for designation. The owner of any nominated landmark or of any property within a nominated preservation district shall be allowed reasonable opportunity to present evidence and to cross examine expert witnesses. The hearing shall be closed upon completion of testimony.
E. Notice For Public Hearing On Nomination:
1. Notice of the date, time, place and purpose of the public hearing, the street address and legal description of the nominated landmark or the boundaries of a nominated preservation district, and a copy of the completed nomination form shall be sent by certified mail to the owner of record of a single nominated landmark or each of the owners of record within a nominated preservation district not more than thirty (30) days nor less than fifteen (15) days prior to the scheduled date of the hearing.
2. Notice of the date, time, place and purpose of the public hearing, and the street address and legal description of the nominated landmark, or the boundaries of a nominated preservation district shall be sent by regular mail to the owners of record of each parcel of real estate abutting or across a street or alley from the nominated landmark or preservation district not more than thirty (30) nor less than fifteen (15) days prior to the scheduled date of the hearing.
3. Notice of the date, time, place and purpose of the public hearing, and the street address and legal description of the nominated landmark or the boundaries of a nominated preservation district shall be published in a newspaper of general circulation in the City not more than thirty (30) nor less than fifteen (15) days prior to the scheduled date of the hearing.
F. Recommendation Of Commission: Within thirty (30) days following the close of the public hearing, the commission shall make its determination and recommendation upon the evidence whether the proposed landmark or preservation district meets the criteria for designation. The recommendation to the City Council shall be passed by a formal vote 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.
G. Designation: The City Council shall consider the nomination upon receipt of the report and recommendation of the commission. The City Council may schedule a public hearing concerning the nomination and shall provide notice in the same manner as provided in subsection E of this section. The City Council, after reviewing the report and recommendation, shall take one of the following steps within sixty (60) days from receipt of the recommendation of the commission:
1. Designate the landmark or preservation district by ordinance;
2. Refer the report and recommendation back to the commission with suggestions for revisions, stating its reasons for such action; or
3. Deny the landmark designation. If the City Council denies the landmark designation, no nomination for landmark designation of the same site, structure or district shall be made within ninety (90) days of the date of the final denial.
H. Notice Of Designation: Notice of the action of the City Council shall be sent by regular mail to the owner of record of the landmark or all owners of record of property within the preservation district, and to the owners of record of each parcel of real estate abutting or across a street or alley from the designated landmark or preservation district. The City will also notify the McHenry County Recorder of Deeds by forwarding a copy of the designation ordinance to be recorded.
I. 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.
J. Marking By Attachment Of Plaque: Each designated landmark or preservation district may be marked, with the owner’s consent, by an appropriate plaque carrying a brief description and account of the historical significance of the property.
K. Amendment Or Rescission Of Designation: The City Council, with or without a recommendation from the commission, may amend or rescind designation by the same procedure and according to the same standards and considerations set forth for designation.
(Ord. 09-977, 1-5-2009)