§ 42-4. Powers and duties of the architectural board.

(a)

Regulations of construction, reconstruction, alteration and demolition.

(1)

No owner or person or entity in charge of a historic structure, historic site or structure within a historic district shall reconstruct, alter or demolish all or any part of the exterior of such property or construct any improvement upon such designated property or properties or cause or permit any such work to be performed upon such property unless a building and/or occupancy permit has been granted by the village architectural board. Also, unless such permit has been granted by the village architectural board, the building inspector shall not issue a permit for any such work.

(2)

Upon filing of any application for a building and/or occupancy permit with the village architectural board, it shall approve the application unless:

a.

In the case of a designated historic structure or historic site, the proposed work would substantially detrimentally change, destroy or adversely affect any exterior feature of the improvement or site upon which such work is to be done;

b.

In the case of the construction of a new improvement upon a historic site, or within a historic district, the exterior of such improvement would adversely affect or not harmonize with the external appearance of other neighboring improvements on such site or within the district;

c.

In the case of any property located in a historic district, the proposed construction, reconstruction, exterior alteration or demolition does not conform to the purpose and intent of this chapter and to the objectives and design criteria of the historic preservation plan for such district;

d.

The building or structure is of such architectural or historical significance that its demolition would be detrimental to the public interest and contrary to the general welfare of the public.

(3)

The filing of an application for a building and/or occupancy permit and any proposed historic preservation treatments on designated historic properties shall also be subject to the following historic preservation standards:

a.

Every reasonable effort should be made to use a structure or site for its originally intended purpose, or to provide a compatible use(s) that requires minimal alteration of the site, or structure and its environment.

b.

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 materials or distinctive architectural features should be avoided whenever possible.

c.

All buildings, structures and sites shall be recognized as products of their own time. This should be considered before alterations are undertaken which have no historical basis and which seek to create an antique appearance.

d.

Changes which 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. If these changes have acquired significance in their own right, their significance should be recognized and respected.

e.

Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be treated with sensitivity.

f.

Deteriorated architectural features should be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material shall match that being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features shall be based on accurate duplications of features, substantiated by historical, physical, or pictorial evidence, rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.

g.

The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage historic building materials shall not be used.

h.

Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to, any acquisition, protection, stabilization, preservation, rehabilitation, restoration or reconstruction project.

i.

Contemporary design for alterations and additions will not be discouraged when such changes do not destroy significant historical features and are compatible with scale, mass and architectural features of the historic property and its environment.

j.

New additions shall be designed so that if removed, the integrity of the structure is not impaired.

(4)

If the village architectural board determines that the application for a building and/or occupancy permit and the proposed changes are consistent with the character and features of the property or district, it shall issue the building and/or occupancy permit . The village architectural board shall make this decision within 45 days of the filing of the application.

(5)

The issuance of a building and/or occupancy permit shall not relieve the applicant from obtaining any other applicable permits and approvals required by the village. Any other municipal permit shall be invalid if it is obtained without the presentation of the building and/or occupancy permit required for the proposed work.

(6)

Ordinary maintenance and repairs may be undertaken without a building and/or occupancy permit, provided that the work involves repairs to existing features of a historic structure or site or the replacement of elements of a structure with pieces identical in appearance, and provided that the work does not change the exterior appearance of the structure or site.

(b)

Appeals. Should the village architectural board fail to issue a certificate of appropriateness due to the failure of the proposal to conform to the guidelines, the applicant may appeal such decision to the board of trustees within 30 days. Such appeal must be in writing and filed with the village clerk. The decision of the board of trustees may be appealed by the property owner to the board of zoning appeals pursuant to division 5, article II, chapter 46 of this Code. In addition, if the village architectural board fails to issue a certificate of appropriateness, the village architectural board shall, with the cooperation of the applicant, work with the applicant in an attempt to obtain a certificate of appropriateness within the guidelines of this chapter.

(c)

Recognition of historic structures, sites and districts. At such time as a historic structure, site or district has been properly designated, the village architectural board may allow to be prepared and erected on such property at the property owner's expense, a suitable plaque declaring that such property is a historic structure, site or district.

(Code 1991, § 17.22(3); Ord. of 4-11-11(1), §§ 3—6)