(A)   Requirement. A certificate of appropriateness from the Preservation 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 completed nomination form is submitted to the Preservation Commission.
   (B)   Applications for certificates of appropriateness.
      (1)   Every application submitted to the Will County Land Use Department, Division of Building and Zoning for a permit wherein the applicant represents and/or delineates plans to commence any action as immediately described above in division (A) affecting any such property, improvements or areas therein described, shall be forwarded by the Director of Building and Zoning to a representative or representatives of the Preservation Commission, within three days following the receipt of said application by the Building and Zoning Division.
      (2)   The Building and Zoning Division shall not issue the building or demolition permit until a certificate of appropriateness has been issued by the Preservation Commission. Any applicant may request a meeting with the Preservation Commission before the application is sent by the Director of Building and Zoning to the Preservation Commission or during the review of the application.
      (3)   Application for review of construction, alteration, demolition, or removal not requiring a building permit for which a certificate of appropriateness is required shall be made on a form prepared by the Preservation Commission and available at the office of Will County Land Use Department.
      (4)   The Preservation Commission may schedule, provide notice and conduct a public hearing concerning the application in the manner previously described in §§ 166.030 and 166.031.
      (5)   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.
      (6)   The Commission may further designate support staff be responsible for reviewing routine applications for Certificates of Appropriateness when the proposed work is clearly appropriate and in accordance with the criteria set forth in division (C) and (D) below, and the purposes of this chapter.
      (7)   The Commission may seek technical advice from outside its members on any application for a certificate of appropriateness. The applicant and each commissioner shall receive a copy of the consultant's written opinion at least seven days before a determination is to be made on the application.
      (8)   The Commission shall act promptly and in a reasonable manner in its judgment of plans for new construction or 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, removal, 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. The height of any proposed alteration or construction should be compatible with the style and character of the landmark and with surrounding structures in a preservation district.
      (2)   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 and with surrounding structures within a preservation district.
      (3)   Relationship of building masses and spaces. The relationship of a structure within a preservation district to open space between it and adjoining structures should be compatible or similar to relationships commonly found between similar structures in the district.
      (4)   Roof shape. The design of the roof should be compatible with the architectural style and character of the landmark and surrounding structures which are similar in design in a preservation district.
      (5)   Landscaping. Landscaping should be compatible with the architectural character and appearance of the landmark and of surrounding structures and landscapes in preservation districts.
      (6)   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 a preservation district.
      (7)   Directional expression. Facades in historic districts should blend with other structures with regard to directional expression. Structures in a historic district should be compatible with the dominant horizontal or vertical expression of surrounding structures or of its stylistic design. The directional expression of a landmark after any alteration, construction, or partial demolition should be compatible with its original architectural style and character.
      (8)   Architectural Details. Architectural details including materials and textures should be treated so as 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, or removal to 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, site, and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural feature should be avoided whenever possible.
      (3)   All buildings, structures, and sites shall be recognized as products of their time. Alterations that have no historical basis or that seek to create an earlier/later 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 utmost care and consideration. 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 alterations 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 should 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 impaired.
   (E)   Determination by Preservation Commission. Within 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, alteration, demolition, 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 the Will County Land Use 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 an 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 Preservation Commission shall make recommendations to the applicant concerning changes, if any, in the proposed action that would cause the Preservation 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 Preservation Commission.
   (G)   Decision binding on director, building and zoning. The Director of the Will County Land Use Department, 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 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.
      (1)    Pursuant to divisions (C) and (D) above, the Preservation 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, archeological, architectural, or scenic significance of a landmark or preservation district. Upon receipt of an application for a certificate of appropriateness for demolition, the Preservation Commission shall as soon as possible make a determination, supported by written findings, whether one or more of the following criteria are met:
         (a)   The structure is of such interest or quality that it would reasonably meet national, state or local criteria for designation as an historic or architectural landmark.
         (b)   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.
         (c)   Retention of the structure would aid substantially in preserving and protecting another structure which meets criteria (a) or (b) hereinabove. Where the Preservation Commission determines that one or more of these criteria are met, no Certificate of Appropriateness shall be issued and the application shall be denied.
      (2)   The Preservation Commission shall also require the applicant to submit for review and consideration post-demolition plans which shall 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 if:
      (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 24 months have elapsed after issuance of the Certificate and no building permit has been issued or if 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 Section 3-101 of the Illinois Administrative Review Law, and it shall be subject to judicial review pursuant to provisions of said Administrative Review Law and all amendments and modifications thereof, and the rules adopted thereto.
(Res. 92-192, passed 9-17-1992)