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Elgin City Zoning Code

CHAPTER 19

14. - ARCHITECTURAL REVIEW AND DESIGN

19.14.100. - Purpose and intent.

The purpose and intent of the provisions of this chapter is to protect, preserve, enhance the character and architectural heritage and quality of the city, to protect, preserve, enhance property values, and to promote the health, safety, and welfare of the city and its residents. It is the goal of these regulations that each new building added to the city should complement and improve upon the architectural heritage of the city.

(Ord. No. G60-08, § 1, 2008; Code 1976, § 19.14.100)

19.14.200. - Supplementary regulations.

Any word or phrase contained within this chapter followed by the symbol [SR] shall be subject to the definitions and the additional interpreter of requirements provided in chapter 19.90. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation.

(Ord. No. G60-08, § 1, 2008; Code 1976, § 19.14.200)

19.14.300. - Architectural review required.

Architectural review shall be required in connection with the construction of any new building, structure, exterior and outdoor lighting system, or sign, or the alteration, enlargement, remodeling of the exterior or any existing building, structure, exterior and outdoor lighting system, or sign within the city requiring a building permit or other permit from the city. The architectural review required by this section and in this chapter shall be limited to exterior features only. The requirement for architectural review as provided in this chapter may be waived by the city council as provided in section 19.14.500B. The requirement of architectural review as provided in this chapter shall also not apply to a property located within a designated historic district or for any property which is a designated landmark pursuant to title 20, with architectural review for such properties to be provided pursuant to title 20, as amended.

(Ord. No. G60-08, § 1, 2008; Code 1976, § 19.14.300)

19.14.400. - Parties entitled to seek architectural review.

Applications for architectural review may be filed by the owner of, or any person having a contractual interest in, the subject property.

(Ord. No. G60-08, § 1, 2008; Code 1976, § 19.14.400)

19.14.500. - Procedure.

A.

Application. Applications for an architectural review permit shall be filed with the development administrator and shall include the following documents and information:

1.

Application shall be made on forms provided by the community development division.

2.

The owner's name and address and the owner's signed consent to the filing of the application. Full disclosure of the ownership of all legal and equitable interests in the subject property is required. For an application filed by a corporation or partnership, such information shall also include the names, addresses and telephone numbers of all officers. For applications where the subject property is held in a trust, such information shall also include the names, addresses, telephone numbers and the beneficial interest of each beneficiary.

3.

The applicant's name and address, if different from the owner, and the applicants interest in the subject property. If the applicant is not the owner of record, a copy of the contract documentation, or an explanation of the proprietary interest in the subject property of the applicant shall also be included.

4.

The names and addresses of all professional consultants, if any, advising the applicant with respect to the application.

5.

The address and legal description of the subject property.

6.

Descriptions or graphic representations of the proposal for which approval is being sought and of the existing zoning classification, use, and development of the subject property and the adjacent area for at least two hundred fifty (250) feet in all directions from the subject property. The scope and detail of such description shall be appropriate to the subject matter of the application, with special emphasis on those matters likely to be affected or impacted by the approval being sought in the application.

7.

Present uses and zoning classifications of the subject property.

8.

Detailed plans depicting all work proposed to be done, including detailed renderings of any exterior alterations and of the exterior of any proposed new building. Such renderings shall include, without limitation, proposed exterior colors, textures, and materials. Applications for any:

a)

Proposed new residential or commercial structure;

b)

Addition in excess of one hundred twenty (120) square feet; and

c)

Accessory structure in excess of one hundred twenty (120) square feet shall also include scaled, color elevations of the proposed structure.

Additionally, any application for a new residential structure shall also provide color perspectives of the proposed residential structure depicting the structure's relationship to neighboring structures and to the overall site.

9.

A statement of how the work proposed to be done advances the purpose and goals set forth in section 19.14.100, and how such work achieves or preserves the standards and considerations of sections 19.14.600 and 19.14.700.

10.

A statement of what disadvantage the applicant will suffer, if any, if the work proposed to be done is not allowed.

11.

In any case where a conditional use or a variation has been issued in connection with the proposed work, a copy of such conditional use or variation.

12.

Applicants may be required to submit samples or manufacturer's specifications of exterior materials proposed to be used upon the request of the development administrator, the planning and zoning commission or the city council.

The development administrator upon the request of an applicant may waive the requirement of the submittal of certain of the foregoing documents and information for proposed work which is limited in scope and complexity.

B.

Other approvals required prior to architectural review. In any case where the proposed work requires the planned development approval, conditional use approval, variation approval, sign permit approval, or other zoning approval, no architectural review permit shall be granted unless and until such planned development approval, conditional use approval, variation approval, sign permit approval, or other zoning approval has been issued. The issuance of any planned development approval, conditional use approval, variation approval, sign permit approval, or other zoning approval shall not be deemed to establish any right to the issuance of an architectural review permit; provided, however, that the city council, upon the affirmative vote of the majority of the members then holding office, may waive the requirement of an architectural review permit in connection with the approval of any planned development or conditional use, upon the finding that the standards and consideration for architectural review have been fully addressed as part of its deliberations.

C.

Review and time limits. The development administrator shall promptly process the application for architectural review upon the receipt of a completed permit application upon payment of the permit fee by the applicant. The development administrator shall notify the applicant within ten (10) days from the receipt of the application and the permit fee of any deficiencies in the application. The development administrator shall grant or deny the permit application within twenty (20) days from the date the complete application permit fee was filed with the development administrator. If the development administrator fails to grant or deny the permit application within the prescribed time period, the permit application shall be deemed denied.

D.

Approval or denial. The development administrator, or designee, shall approve an application for an architectural review permit if the proposed work complies with the building, electrical or other adopted codes with the city and with:

1.

The standards and considerations for architectural review contained in this chapter; and

2.

The design requirements for nonresidential development contained in this chapter.

If the development administrator does not approve an application for an architectural review permit, or if the development administrator places conditions on the approval of an application for an architectural review permit, the development administrator shall state the reasons for the denial in writing, or shall state the conditions for approval in writing, and shall mail a certified copy of the reasons for denial, or the conditions for approval, to the address that the applicant stated on the application.

E.

Appeals. An applicant for an architectural review permit may appeal from any decision of the development administrator disapproving an application or approving an application subject to conditions that are unacceptable for the applicant pursuant to the provisions of chapter 19.75. In any such appeal, the applicant shall include a statement of the applicant's position as to the alleged errors in the development administrator's decision on the application and as to why approval of the application as filed is justified and proper.

F.

Hearing on appeal. Notwithstanding any contrary provisions in chapter 19.75, the planning and zoning commission or the city council, as the case may be, shall permit the applicant to speak in support of the application, and to present any additional evidence relating thereto. The planning and zoning commission or the city council, may also consider testimony from the development administrator or any other interested person. At the conclusion of the hearing, the planning and zoning commission or the city council, shall consider the work record on appeal, the testimony presented on appeal, and any other evidence and determine whether the prior decision is consistent with the architectural review standards and other provisions of this chapter. The planning and zoning commission or the city council, shall then vote on whether to affirm, reverse, or modify the prior decision. Failure of the planning and zoning commission or the city council to act within the time period set forth in chapter 19.75 shall be deemed to be a decision denying the application or affirming the conditions of approval thereof which were unacceptable to the applicant.

(Ord. No. G4-12, 2012; Ord. No. G60-08, § 1, 2008; Code 1976, § 19.14.500)

19.14.600. - Standards and consideration.

In passing upon application for architectural review permits, the development administrator, the planning and zoning commission and the city council shall consider and evaluate the propriety of issuing said permit in terms of its effect on the stated purpose and goals of architectural review and design. To that end, the development administrator, the planning and zoning commission and the city council shall consider the appearance of a proposed construction, alteration, enlargement, or remodeling project in terms of the quality of its design and the relationship to its surroundings. A proposed project should harmonize with and support the city's character, with special consideration accorded the preservation and enhancement of landmarks and the preservation and enhancement of natural features, including, without limitation, existing trees and landscaping. Furthermore, a project should be consistent with all of the ordinances and regulations of the city, including, without limitation, the city zoning ordinance, comprehensive plan and historic preservation ordinance. In addition, the development administrator, the planning and zoning commission and the city council shall consider, among other factors, the following particulars:

A.

Landmarks.

1.

The quality of landmarks should be preserved by avoiding excessively similar or dissimilar nearby buildings that detract from a landmark's uniqueness.

2.

Landmarks should not be dwarfed or obstructed from view by nearby buildings.

B.

Site plan.

1.

The site should be planned to meet, if not exceed, setbacks and to establish, protect, and enhance buffer yards between properties and to minimize disturbance to the natural landscaping on the site. Further, the project should be designed to preserve and enhance natural features on the site, including, without limitation, existing trees, wooded areas, buffer yards, and landscaping.

2.

Front and side yard setbacks should respect the setbacks found along the block on which the building is sited.

3.

Access to the site and circulation thereon should be safe and convenient for pedestrians, cyclists, and vehicles.

4.

The location, relationship and orientation of the primary and accessory buildings and access driveways should be consistent with the established pattern on the block and in the surrounding area.

5.

Driveways should be located to maintain adequate space between cuts in the streetscape.

6.

Driveway and parking areas should be screened to reduce visual intrusions into surrounding properties.

7.

Screening or fencing should be consistent in design and materials with the principal buildings on the subject and adjacent properties.

8.

Monotony should be avoided.

9.

Exterior lighting should be designed at a minimum to comply with the lighting restrictions contained in this title.

C.

Elevations.

1.

The scale and height of the project should be visually compatible with the landscaping and topography of the site and with buildings on the site and in the surrounding area.

2.

The relationship of solids to voids in the front facade of a project should be visually compatible with buildings, public ways and places to which it is visually related.

3.

The visual continuity of roofs and their contributing elements (such as parapet walls, coping, and cornices) shall be maintained in building development or redevelopment.

4.

Monotony should be avoided.

5.

Garage doors should be located or oriented, whenever possible, so that the doors are not facing the front yard of the site.

6.

New buildings thirty (30) feet or less in height shall provide screening or enclosure for all rooftop mechanical equipment, including but not limited to heating, air conditioning, ventilating, or other mechanical equipment, at a height equal to or greater than the height of the mechanical equipment. Construction of the screening or enclosure shall comply with the building code and be of the same character and design as the new building. A building permit shall not be issued for any building unless the screening or enclosure is included on plans submitted with the building permit application.

D.

Landscaping.

1.

Landscaping plans should be consistent with the natural environment of the site, adjacent properties, and the surrounding area, provided that, when a site is open, suitable landscaping consistent with the wooded nature of the city should be provided.

2.

Existing natural features should be appropriately preserved and integrated into the project. Under appropriate circumstances, a conservation strip consisting of landscaping and natural growth but excluding lawns and any impervious surface between adjacent properties would promote this objective.

3.

The project should be designed to meet, if not exceed, the buffer yard requirements of this title to maximum screening and buffering in order to protect neighboring properties from the project.

E.

Type, color and texture of materials.

1.

Materials should be new. If salvaged materials are proposed to be utilized, such salvaged materials should be in excellent condition and of first-rate quality.

2.

Materials should be selected for both their durability and beauty.

3.

Exterior materials should be consistent with those in the area, or those originally intended for use in the area. The use of corrugated plastic siding or corrugated plastic or fiberglass roofing panels is prohibited. This section is not intended and shall not be construed to prohibit the use of substitute materials for doors, windows and trim (e.g., replacement aluminum or vinyl windows).

4.

A project that is obviously incongruous with its surroundings or unsightly and grotesque should be avoided.

5.

A project whose design or color may be distracting to vehicular traffic so as to cause a safety hazard should be avoided.

F.

Vicinity map.

1.

Except in the CC1 Center City Zoning District, the building layout should maximize the distance between buildings on the site and buildings on adjacent properties.

2.

The building layout should maintain appropriate distances between buildings on the site itself.

3.

The size, scale, and nature of a building or project should not be inconsistent with the planned city character for the area as expressed in the comprehensive plan. Nor shall such building or project cause a substantial depreciation in the property values of adjacent buildings, the neighborhood, or the city.

4.

The project should not unduly detract from the natural environment of the site, adjacent properties, or the surrounding area.

These criteria are not intended to restrict imagination, innovations, or variety, but rather to seek to preserve and enhance the city's unique character.

(Ord. No. G30-25, § 1, 6-25-2025; Ord. No. G4-12, 2012; Ord. No. G60-08, § 1, 2008; Code 1976, § 19.14.600)

19.14.700. - Additional architectural and exterior building material requirements for commercial, industrial or institutional development.

In addition to the standards and consideration for architectural review as set forth in section 19.14.600, all commercial, industrial or institutional development involving the construction of any new building, structure, exterior and outdoor lighting system, or sign, or the alteration, enlargement, or remodeling of the exterior of any existing building, structure, exterior and outdoor lighting system, or sign but excluding any property located within a designated historic district or any property which is a designated landmark pursuant to title 20, shall also comply with the following additional architectural and exterior building material requirements. For the purposes of this section, commercial uses shall be the land uses in the land use divisions of the offices division; finance, insurance and real estate division; services division, except as provided in the listing of institutional uses below; retail trade division; agricultural division; or those land uses within the miscellaneous uses division similar to such uses. For the purposes of this section, industrial uses shall be the land uses within the land use divisions of the mining division; construction division; manufacturing division; wholesale trade division; transportation, communication, and utilities division; or those land uses within the miscellaneous uses division similar to such uses. For the purposes of this section, institutional uses shall include the land uses in the land use divisions of municipal services division; public administration division; hospitals; education services; other services; and those land uses within the miscellaneous uses division similar to such uses.

A.

Commercial building elevations shall include the following minimum architectural standards:

1.

All building facades shall contain architectural features such as columns, pilasters, stone watercourses, offsets, cornices, capstones, parapets or alternating brick design.

2.

The primary facade of retail buildings shall be designed as retail storefronts, including, but not limited to, features such as storefront windows, bulkheads and transom windows. On side elevations that are readily visible from a public right-of-way, storefront windows shall be extended to the side elevations or parts thereof.

3.

All sides of the building shall be properly landscaped with foundation plantings, landscaped islands within parking lots and perimeter landscaping around the lot. Landscaping shall comprise of trees and shrubs. Landscaping required to be used to screen the property from the neighboring properties should comprise of plant material that is designed to provide a continuous visual screen at maturity.

4.

Windows and entryways shall be emphasized by utilizing awnings or other dominant architectural features. These features should be further highlighted through the use of masonry windowsills and lintels and alternate brick design such as soldier courses.

5.

All refuse enclosures shall be constructed fully of masonry materials incorporating the principal building architectural elements and landscaping material.

6.

Outdoor eating and drinking spaces shall be enclosed by a minimum of a three (3) foot wrought iron or aluminum open fencing or landscape screening. Solid masonry walls will also be permitted. The use of stone or masonry columns within the fence design is encouraged.

B.

Industrial building elevations shall include the following minimum architectural standards:

1.

All building facades shall contain architectural features well composed and articulated to avoid the creation of large blank walls on an entire facade.

2.

Building entrances shall be emphasized with accent elements, such as columns, and bays, porticoes or awnings supplemented with lighting features.

3.

Service areas such as refuse containers, outdoor storage, electrical transformers, chilling units, and loading docks should be screened from view of public rights-of-way through the use of screening fences or walls. All screening shall be constructed fully of masonry materials incorporating the principal building architectural elements and landscaping material.

4.

All sides of the building shall be properly landscaped with landscaped islands within parking lots and perimeter landscaping around the lot. Landscaping shall comprise of trees and shrubs. Landscaping required to be used to screen the property from the neighboring properties should comprise of landscape berms or plant material that is designed to provide a continuous visual screen at maturity.

C.

Institutional building elevations shall include the following minimum architectural standards:

1.

The facades of institutional buildings shall be designed to increase their prominence within the community to be considered visual landmarks but should be complementary to the surrounding architecture through the use of architectural features and building materials.

2.

All building facades shall contain architectural features well composed and articulated to avoid the creation of large blank walls on an entire facade.

3.

Structures shall meet the ground with a prominent base constructed in masonry, with the main floor several feet above grade.

4.

Building entrances shall be emphasized by being centrally located with porticoes or awnings.

5.

All refuse enclosures shall be constructed fully of masonry materials incorporating the principal building architectural elements and landscaping material.

6.

All sides of the building shall be properly landscaped with landscaped islands within parking lots and perimeter landscaping around the lot. Landscaping shall comprise of trees and shrubs. Landscaping required to be used to screen the property from the neighboring properties should comprise of landscape berms or plant material that is designed to provide a continuous visual screen at maturity.

D.

Exterior building materials for all commercial buildings (excluding roof materials, windows and signs) shall be limited to masonry materials of brick, natural stone or split face concrete masonry units on all exterior elevations. Other building materials may be used in exterior design accent features such as cornices, soffits and fascia, window trim and hood molding, corner boards, sign bands, quoins and other ornamentation which comprise not more than twenty-five (25) percent of an exterior elevation. Artificial building materials such as exterior insulation and finish systems (EIFS, commonly referred to by its brand name Dryvit) and architectural metal utilized for such design features shall not be used in high traffic, or high abuse areas, so as to protect such materials from wear and tear and vandalism.

E.

Exterior building materials for all industrial or institutional buildings (excluding roof materials, windows and signs) shall be limited to the following:

1.

High quality traditional building materials such as brick, natural stone, natural stucco/plaster, terra cotta, tile and glass.

2.

Composite building materials such as cultured stone, cast stone, precast concrete panel systems designed to look like brick or stone, or imprinted with architectural features such as lintels, windowsills and cornices, and cement board siding and shingle.

3.

Artificial building materials such as exterior insulation and finish systems (EIFS, commonly referred to by its brand name Dryvit) and architectural metal shall be restricted to use in design accent features such as cornices, soffits and fascia, window trim and hood molding, corner boards, sign bands, quoins and other ornamentation which comprise not more than twenty-five (25) percent of an exterior elevation. Such materials shall not be used in high-traffic, or high-abuse areas, so as to protect such materials from wear and tear and vandalism.

(Ord. No. G60-08, § 1, 2008; Code 1976, § 19.14.700)

19.14.800. - Manuals and guidelines.

The development administrator may from time to time provide for specific manuals or guidelines for architecture styles or common occurring buildings or site features and elements to assist applicants for architectural review permits. Such manuals or guidelines shall be advisory only and shall bind not to the applicant nor the development administrator, the planning and zoning commission or the city council with respect to any specific case.

(Ord. No. G4-12, 2012; Ord. No. G60-08, § 1, 2008; Code 1976, § 19.14.800)

19.14.900. - Affidavit of compliance with conditions.

Whenever an architectural review permit issued pursuant to this chapter is made subject to conditions to be met by the applicant, the applicant upon meeting such conditions, shall file an affidavit with the development administrator stating such compliance.

(Ord. No. G60-08, § 1, 2008; Code 1976, § 19.14.900)

19.14.910. - Limitations on permits.

An architectural review permit shall become null and void one (1) year after the date on which it was issued unless within such period the work authorized by such permit is commenced. An architectural review permit shall relate solely to the work shown on plans approved by the issuance of such permit and it shall be unlawful for any person to deviate from such plans without obtaining an amended permit in the same manner as herein provided for obtaining original permits.

(Ord. No. G60-08, § 1, 2008; Code 1976, § 19.14.910)