This article shall be known, referred to, and cited as the Crete Heritage Preservation.

(Ord. No. 94-21, § 1, 9-26-94)

The purpose of this article is to promote the economic, educational, cultural and general welfare of the community as follows:

(1)

To provide a mechanism to identify and preserve the distinctive historic and architectural characteristics of the village which represent the village's cultural, social, economic, political, and architectural history and character;

(2)

To strengthen commercial business within the downtown area of the village by assuring that any improvements are performed in a manner that is harmonious with the village's heritage and architectural character;

(3)

To protect the past and future investments by business people and property owners, and to improve property values within the Crete Heritage Preservation District and in other areas adjacent to the district;

(4)

To create an atmosphere and character for the village that will stimulate tourism and shopping;

(5)

To create a mechanism for future consideration of other buildings, structures, and areas within the village that may be appropriate for future designation as landmarks or landmark areas;

(6)

To foster pride in the village's history and architecture; and

(7)

To foster and encourage preservation, restoration and rehabilitation.

(Ord. No. 94-21, § 2, 9-26-94)

For the purpose of this article, the following definitions shall apply unless the context clearly requires a different meaning:

Area. A specific geographic division of the village.

Certificate of appropriateness. A certificate issued by the commission indicating its approval of plans for significant alteration, construction, removal or demolition of a landmark or of a structure within the heritage preservation district or a landmark area.

Certificate of economic hardship. A certificate issued by the commission authorizing a significant alteration, minor modification, construction, removal, or demolition even though a certificate of appropriateness has previously been declined.

Commission. The village heritage and architecture commission.

Commissioners. Members of the village heritage and architecture commission.

Construction. The act of building a new structure or adding an addition to a structure that requires a building permit. This term specifically shall include the building of a new principal or detached accessory structure on a lot or property.

Demolition. Any act or process which destroys in part or in whole a structure or improvement within the heritage preservation district or a landmark area. This term specifically shall include the demolition of the principal or detached accessory structure on a lot or property.

Design criteria. A standard of appropriate activity that will preserve the historic and architectural character of a landmark, a landmark area, or the heritage preservation district.

Exterior architectural appearance. The architectural character and general composition of the exterior of a structure, including but not limited to the type and texture of the building material and the type, design, and character of all windows, doors, light fixtures, ornamental details, signs, and other fixtures.

Heritage preservation district. The area designated as the heritage preservation district as shown on the map attached to and made a part of this article. The village board may amend the boundaries of the district.

Editor's note— The heritage preservation district map is not set out herein, but is available for inspection in the office of the village clerk.

Improvement. Any visible built feature on a property, such as, but not limited to, landscaping or fencing, that is not a structure.

Landmark. A property or structure recommended by the commission and thereafter designated as a "landmark" by ordinance of the village board, according to criteria and pursuant to procedures adopted by the village board and implemented by the commission.

Minor modification. Any act or process that does not require a building permit but changes the character of an exterior architectural feature.

Owner. Any person, corporation or other legal entity holding legal or equitable title to real estate within the village including, but not limited to, contract purchasers and beneficiaries of a land trust.

Property. Land and improvements identified as a separate lot for purposes of the subdivision and zoning regulations of the village.

Rehabilitation. The process of improving a property through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values.

Removal. Any relocation of a structure on its site or to another site.

Repair. Any change that is not construction, removal, significant alteration, or minor modification.

Significant alteration. Any act or process requiring a building permit that changes one or more of the exterior architectural features of a structure, including, but not limited to, the erection, construction, reconstruction, or removal of any structure, addition or removal of siding, replacement of window trim or window units, door trim, and other decorative architectural elements.

Structure. 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, buildings, garages, sheds, fences, advertising signs, billboards, radio and television antennas, including supporting towers, satellite receiving dishes, and swimming pools.

(Ord. No. 94-21, § 3, 9-26-94)

(a)

Establishment.

(1)

There is hereby created the village heritage and architecture commission, consisting of seven voting members appointed by the village president with the concurrence of the village board of trustees, and two ex officio, nonvoting members, namely the village administrator and a person from the village building department. A member or representative of the following organizations or groups should have one member on the commission:

a.

Crete Chamber of Commerce;

b.

Crete Area Historical Society;

c.

An owner or manager of a business located in the central business district;

d.

Member-at-large;

e.

Member-at-large.

(2)

Every reasonable effort shall be made by each organization and in the selection of members-at-large, to nominate persons with knowledge and experience in historic preservation or rehabilitation of historic structures including an architect, a historian, and an engineer.

(b)

Term. Commissioners shall serve terms of three years. Initially, commissioners shall serve staggered terms of three persons for three years, three persons for two years, and one person for one year. The first at-large member shall be appointed to a one-year term, and the second at-large member shall be appointed to a two-year term. Subsequent nominations and appointments shall be made so as to replace any member representing an organization, board or commission with another such member. A member may be removed by the mayor upon recommendation of the chairperson for unexcused absence at three successive commission meetings or for otherwise failing to perform the duties and responsibilities of a commission member. All members shall hold office until their successor shall have been appointed. Vacancies after selection of the members of the first commission shall be filled through appointment by the village president with the concurrence of the village board of trustees.

(c)

Chairperson and vice chairperson. Officers shall consist of a chairperson, a vice chairperson and a secretary. The chairperson of the commission shall be designated by the village president with the concurrence of the village board of trustees. The chairperson shall be so appointed for two years or until his or her membership term expires, whichever is less. The chairperson of the commission shall appoint a vice chairperson from the membership of the commission. The chairperson shall preside at meetings of the commission and shall otherwise supervise the affairs of the commission. The vice chairperson, in the absence of the chairperson, shall perform all the duties and exercise all the powers of the chairperson.

(d)

Secretary. The secretary of the commission shall be the village administrator who is an ex officio member of the commission. The secretary shall:

(1)

Be responsible for preparation of minutes of each commission meeting;

(2)

Provide administrative and technical assistance to the commission to assist it in making the decisions and findings as provided hereunder;

(3)

Distribute to the commissioners copies of the minutes, reports and decisions of the commission; and

(4)

Advise the mayor of vacancies on the commission and expiring terms of commissioners.

(e)

Meetings. A meeting of the commission may be called by the chairperson or upon the request of three commission members provided three days' notice is given each member of the commission. A quorum shall consist of four members of the commission present and voting, and no official meeting shall be held without a quorum of the members present. Time and place for meetings shall be at the discretion of the commission but a meeting shall be held at least once every 60 days. All resolutions shall be passed by a majority of the quorum present at the meeting.

(Ord. No. 94-21, § 4, 9-26-94; Ord. No. 97-45, § 2, 9-22-97; Ord. No. 2015-22, § 2, 8-24-15)

The heritage and architecture commission shall have the following powers and duties:

(1)

To advise and assist owners of property and structures on the physical and financial aspects of preservation, renovation, rehabilitation, reuse, and new construction in or adjacent to the heritage preservation district;

(2)

To inform and educate the citizens of the village concerning the historic and architectural heritage of the village by publishing appropriate maps, newsletters, brochures, and pamphlets, and by holding programs and seminars;

(3)

To develop and adopt specific criteria and design guidelines for modifications to architectural features and construction of structures or improvements within the heritage preservation district. The criteria and design guidelines shall be approved by the village board, printed or typed and be available to the public.

(4)

To consult with persons proposing minor modifications to structures or improvements within the heritage preservation district and to advise them concerning proper methods for renovation or rehabilitation of historic structures.

(5)

To prepare application forms for certificates of appropriateness and certificates of economic hardships.

(6)

To hold meetings and to review applications for the demolition or significant alteration of structures within the heritage preservation district and to deny or issue certificates of appropriateness.

(7)

To hold meetings and to review applications for permits to construct or replace structures within the heritage preservation district with new or replaced structures should comply with the approved design guidelines and blend with the district's historic 1880 to 1920 structure.

(8)

To hold meetings and to review plans for new construction on projects for which a demolition permit is required and to recommend to the building department and the village board the issuance or denial of a demolition permit based on such plans.

(9)

To issue or deny certificates of appropriateness.

(10)

To consider and hold hearings on applications for certificates of economic hardship that would allow the performance of work for which a certificate of appropriateness has been denied, and to issue or deny such certificates of economic hardships.

(11)

To conduct an ongoing survey to identify historically, architecturally, or culturally significant buildings and structures in the village and to recommend to the village board the designation of other historically, architecturally or culturally significant structures and areas for addition to the district or as landmarks.

(12)

To prepare an appearance, architectural, and beautification plan for the heritage preservation district and to make recommendations with other appropriate bodies to the village board on the adoption and implementation of an appearance, architectural beautification plan, and on any other matter affecting property, structures, or improvements within or adjacent to the heritage preservation district.

(13)

To confer recognition upon the owners of property, structures, or improvements within the heritage preservation district for outstanding preservation or rehabilitation efforts.

(14)

To undertake other actions or activities necessary or appropriate for the implementation of its powers and duties or for the implementation of the purpose of this article or as directed by the village board.

(Ord. No. 94-21, § 5, 9-26-94)

(a)

Permits for construction, removal, significant alteration or demolition within the heritage preservation district shall not be issued by the village building department without the applicant first having obtained a certificate of appropriateness or certificate of economic hardship from the heritage and architectural commission, or from the village board after an appeal.

(b)

The building department shall, within two days following the receipt of an application for a permit for construction, removal, significant alteration or demolition within the heritage preservation district, send the application to the commission chairman and secretary and notify the applicant of the commission's jurisdiction regarding applications for permits and the process to be followed, including the date and place of any meeting to consider the application. Any applicant may and is encouraged to request a meeting with the commission before the building permit application is sent by the building department to the commission for review and may consult with the commission during its review of the application.

(c)

Review criteria. In making a determination whether to issue or deny a certificate of appropriateness, the review subcommittee, the commission or the village board shall consider, among other things, the effect of the proposed construction, alteration, removal or demolition upon the historic, aesthetic or architectural value and characteristics of the property and the compatibility with the general characteristics of the district as set forth in the printed criteria and design guidelines.

(d)

Review process for applicants for construction, removal, significant alteration, or demolition.

(1)

All applications shall be sent by the building department to the review subcommittee of the commission which shall consist of three commission members designated for each application by the chairperson plus the chairperson and the secretary. The subcommittee shall review the application within seven days from its receipt from the building department. The quorum for the subcommittee shall be three commission members including the chairperson or acting chairperson. If the subcommittee unanimously finds that the work proposed in the application will not adversely affect any historically or architecturally significant features of the structure or property within the heritage preservation district and is appropriate or consistent with the spirit and purposes of this article and the design guidelines, it shall issue a certificate of appropriateness and forward copies to the owner and the building department. The subcommittee shall forward all applications given less than unanimous approval to the full commission for further action.

(2)

If the commission, upon referral from the subcommittee, finds that the work proposed in the application will not adversely affect any historically or architecturally significant features of the structure or property within the heritage preservation district and is appropriate or consistent with the spirit and purposes of this article, it shall issue a certificate of appropriateness and forward copies to the owner and the building department.

(3)

If the commission finds that the proposed work will adversely affect or destroy any significant historic, aesthetic, or architectural feature or value of the structure or property within the heritage preservation district or is inappropriate or inconsistent with the spirit and purposes of this article, it shall disapprove the application in writing within 30 days after the village receives the complete application. If the commission does not state its decision in writing within the 30-day time period, the application is deemed approved.

a.

The commission shall briefly state its reasons in writing and it may make recommendations to the applicant to assure appropriateness of design, arrangement, texture, scale, material, location, or other elements of appearance of the building or structure involved.

b.

In cases of disapproval accompanied by recommendation of the commission, the applicant may again be heard before the commission if the applicant amends the application to conform with the recommendations or makes application for a certificate of economic hardship. The applicant shall be heard at the next regular meeting of the commission after receipt of the amended application for a certificate of appropriateness or economic hardship. The commission shall review the application for a certificate of economic hardship according to article VII of this chapter.

c.

Notice of the date, time, place and purpose of the commission meeting on an application for certificate of appropriateness or economic hardship shall be given to the applicant and shall be posted at the village hall. The applicant shall give notice to adjoining property owners by regular mail or by hand delivery of a notice at least three days prior to the date of the commission meeting. Applicants are encouraged to notify adjacent property owners of the subcommittee meeting. The notice shall state the location including the common street address of the property, and include a brief description of the proposed alteration, construction, demolition, or removal for which an application has been made.

d.

All meetings of the commission shall be open to the public and the owner, any interested persons and the public shall have an opportunity to speak.

e.

Within seven days following completion of consideration of an amended application, the commission shall issue or deny the certificate of appropriateness and transmit copies of its decision, and a summary of the reasons for it, to the applicant and to the building department.

f.

All denials of the commission may be appealed to the village board.

(Ord. No. 94-21, § 6, 9-26-94)

(a)

A property owner may apply for a certificate of economic hardship which shall be issued by the heritage and architecture commission upon a finding by it that all reasonable use of or economic return from a property within the heritage preservation district would be denied a property owner as a result of the disapproval of a certificate of appropriateness.

(b)

The commission may solicit testimony, and the applicant shall submit evidence, concerning any of the following items:

(1)

Any substantial decrease in the fair market value of the denial of the certificate of appropriateness.

(2)

Any substantial decrease in the pre-tax or aftertax return to owners of record or other investors in the property as a result of the denial of the certificate of appropriateness.

(3)

Any additional cost of work necessary to comply with the standards and criteria for the issuance of a certificate of appropriateness.

(4)

In the case of a proposed demolition, the economic feasibility of rehabilitation or reuse of the existing structure or improvement on the property.

(5)

The commission may adopt procedural rules concerning the types of information, evidence or expert testimony that it considers necessary to make a determination on an application for a certificate of economic hardship.

(c)

If the commission has found that without approval of the proposed work, the property cannot be put to a reasonable 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. The commission shall notify the applicant of its decision within seven days, by mail or by hand delivery, after completion of consideration of the application for a certificate of economic hardship.

(Ord. No. 94-21, § 7, 9-26-94)

(a)

Upon receipt of a final denial of a certificate of appropriateness or a certificate of economic hardship by the heritage and architecture commission for a property or structure within the heritage preservation district, the applicant may, within 30 days, appeal the commission's decision to the village board. The village board shall affirm, modify, or reverse the decision within 60 days after receiving notice of the appeal, after due consideration of comments and any report submitted to the board by the commission.

(b)

Upon a decision by the board that a certificate of appropriateness or a certificate of economic hardship shall or shall not be issued, the clerk shall notify the commission, the applicant and the building department within ten days following the decision.

(Ord. No. 94-21, § 8, 9-26-94)

Upon receipt of notice of a final decision of the heritage and architecture commission or the village board to issue a certificate of appropriateness or a certificate of economic hardship and any other approvals required by village ordinances, the building department shall issue the permit.

(Ord. No. 94-21, § 9, 9-26-94)

The village administrator shall notify the heritage and architecture commission 30 days prior to the date of submission to the village board of any proposal to acquire property within or adjacent to the heritage preservation district for public use by the village. The commission shall review the proposal for consistency with the purposes and spirit of this article and make recommendations to the village administrator and to the village board. The village board may also solicit the recommendation of the heritage and architecture commission on any other matter.

(Ord. No. 94-21, § 10, 9-26-94)

Any person who causes the alteration, demolition or removal of any property or structure in the heritage preservation district without a certificate of appropriateness or a certificate of economic hardship shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $50.00 nor more than $500.00. Every day each such violation shall continue to exist shall constitute a separate violation.

(Ord. No. 94-21, § 11, 9-26-94)

(a)

Nomination of landmark or historic district.

(1)

Nomination. The Crete Heritage and Architecture Commission welcomes applications from individuals or groups for the designation of structures or sites as local landmarks or historic districts. In addition, the commission may nominate potential landmarks or historic districts upon completion of a comprehensive survey and search effort to identify areas, sites, and structures that have historic, community, architectural, or aesthetic importance or value.

(2)

Forms. Nominations shall be made to the heritage and architecture commission on a form provided by the commission. A filing fee of $125.00 shall be required to be paid at the time the application is filed by an individual or group.

(b)

Criteria. The commission shall, upon investigation as it deems necessary, make a preliminary determination as to whether a property, structure, or area possesses the integrity of design, workmanship, materials, location, setting and feeling meets one or more of the following criteria:

(1)

Significant value as part of the historic, heritage or cultural characteristics of Crete, Will County, Illinois, or the U.S.A.;

(2)

Identification with a person or persons who significantly contributed to the development of Crete, Will County, Illinois, or the U.S.A.;

(3)

Representative of the distinguishing characteristics of architecture inherently valuable for the study of a period, type, method of construction, or use of indigenous materials;

(4)

Notable work of a mater builder, designer, architect or artist whose individual work has influenced the development of Crete, Will County, Illinois, or the U.S.A.;

(5)

Its unique location or singular physical characteristics that make it an established or familiar visual feature;

(6)

Its character as a particularly fine or unique example of a utilitarian structure, including but not limited to farmhouses, or public buildings, with a high level of integrity or architectural significance;

(7)

Area that has yielded or may be likely to yield, information important in history or prehistory;

(8)

District that contains one or more landmarks along with such other buildings, places, or areas within definable geographic boundaries which, while not of such significance to be designated as landmarks, nevertheless contribute to the overall visual characteristics of the landmark(s) located in the district;

(9)

District that establishes a sense of time and place unique to the village.

(c)

Procedures.

(1)

Any person, group of persons, or association or the Crete Heritage and Architecture Commission may request a historic landmark or district designation for any structure, site or defined geographic area within the boundaries of the village which may have historic or architectural significance by submitting a completed application form to the village clerk or village administrator at the village hall. The application form shall be forwarded to the commission for their consideration.

(2)

A preliminary determination as to whether a property, structure, or area meets one or more of the criteria shall be made by the commission within 60 days of the filing of a nomination.

(3)

The village clerk shall schedule a public hearing to be held within 30 days after preliminary approval of the application by the commission.

(4)

The nominator, or if none, the commission shall give notice of the date, time, place and purpose of the public hearing and the notice shall be sent by certified mail return receipt requested to owner(s) of record as well as to the adjoining property owners, not less than 15 nor more than 30 days prior to the date of the hearing. A public notice also shall be published in a newspaper having general circulation in the village. The notice shall state the location of the property and a statement summarizing how the proposed landmark or district meets the criteria set forth herein.

(5)

During the public hearing, the commission shall review and evaluate the application according to the criteria.

(6)

If the commission finds at the time that the application merits further consideration, then the commission may table the request until its next regularly scheduled meeting.

(7)

A certificate of appropriateness shall be required for alteration construction, removal or demolition of a proposed landmark or structure within a district from the date when the nomination form is presented to the village until the final disposition of the request.

(d)

Decisions.

(1)

A decision by the commission shall be made within 30 days following the date of the closing of the public hearing.

(2)

Following the public hearing the commission shall prepare the commission's evaluation, recommendation and all available information for submission to the village board within 30 days.

(3)

If the commission decides that the landmark or historic district should be designated, it shall do so by a resolution passed by a majority of the commission.

(4)

The owner(s) of record shall be notified promptly by a letter containing information of the commission's decision.

(5)

A simple majority vote by the village board is necessary for passage of an ordinance approving a landmark designation. However, all the owners of record must approve, in writing, the landmark designation before the village board approves a landmark designation. If the village board approves the application for the designation, a notice will be sent to the property owners and recorded with the will county recorder of deeds. If the village board denies the petition, no petitioner or applicant may file a nomination for the same structure or property for 180 days to the village.

(6)

A simple majority vote by the village board is necessary for passage of an ordinance approving an historic district designation. However, all the owners of record must approve, in writing, district designation before the village board approves a district designation. If the village board approves the designation, a notice will be sent to the property owners, and recorded with the Will County Recorder of Deeds. If the village board denies the petition, no petitioner or applicant, may file a nomination for the same structures or properties for 180 days to the village.

(7)

Buildings and sites designated as landmarks or within historic districts shall be subject to issuance of certificates of appropriateness for significant alteration to the structures or property and for construction, removal or demolition of structures.

(e)

Supporting documentation.

(1)

Persons wishing guidance or advice prior to completing an application may contact the Crete Heritage and Architecture Commission.

(2)

At minimum, the application for designation shall include the following:

a.

For a landmark.

1.

Name and address of property owner.

2.

Legal description and common street address of the property.

3.

Written statement describing the property and setting forth the reasons in support of the proposed designation.

4.

Documentation that the property owner has been notified or consents to the application for designation.

5.

List of significant exterior architectural features that should be protected.

6.

An overall site plan showing the location of all improvements and photographs of the landmark.

b.

For an historic district.

1.

Names and addresses of all property owners.

2.

Map delineating the boundaries or the area to be designated and the location of major structures.

3.

Written statement describing the area and properties within the proposed historic district and setting forth reasons in support of the proposed designation.

4.

List and photographs of significant exterior architectural features of all properties in the district that should be protected.

(f)

Requirements for sites designated as historic districts or historic landmarks.

(1)

All sites, structures and districts designated as historic districts or historic landmarks shall comply with, follow and submit to the procedures, criteria and requirements set forth in the sections of this article on heritage preservation.

(2)

All sites, structures and districts designated as historic districts or historic landmarks shall submit to the enforcement and penalties under sections of this article on heritage preservation.

(Ord. No. 2001-13, § 2, 2-26-01)