In its review of applications, the Architectural Board of Review shall:
(a) Consider the historical and architectural nature of existing buildings, signs and structures within the Municipality and the compatibility of proposed changes or proposed new buildings, signs and structures with such existing buildings, signs and structures;
(c) Follow the guidelines set forth below:
(1) Preservation of features. The distinguishing original qualities or character of a Historically Significant Property shall not be destroyed. Removal or alteration of historic material or distinctive architectural features shall be avoided.
(2) Replacement of features. Consistent with the concept of responsible property maintenance, deteriorated or damaged architectural features shall be repaired rather than replaced. In the event that the Architectural Board of Review determines that replacement of architectural features on a Historically Significant Property is necessary, the new material should closely match the material being replaced in composition, design, color, texture and other visual qualities.
(3) Compatibility. Alterations, additions and new development shall be compatible in scale, material and character with the design of the subject property and any structure more than fifty (50) years old in Proximity to the subject property. New structures may be constructed in accordance with a different architectural style than Historically Significant Properties.
(4) Contemporary design. All structures shall be recognized as products of their own time. Alterations, additions and new development which have no historical basis and which seek to create an earlier appearance shall not be required. Conversely, compatible contemporary design shall not be prohibited or discouraged except where such design would clearly detract from the architectural unity of an ensemble or group of Historically Significant Properties.
(5) Cleaning. The surface cleaning of Historically Significant Property shall be undertaken by the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be permitted.
(6) Accessory structures. Fences, walkways, street lights, and other accessory structures located in Proximity to structures more than (50) years old shall be compatible in design with the character of such properties.
(7) Signs. In addition to meeting the requirements of Chapter 1143, signs located on or in proximity to Historically Significant Properties shall be compatible in color, material, placement and character with the architectural style of such Properties.
(d) Apply the following burdens of proof when evaluating applications under this Chapter:
(1) Any person asserting that a structure is an Historically Significant Property bears the burden of proving the assertion by clear and convincing evidence; provided, that any structure which is more than one hundred (100) years old shall be presumed to be an Historically Significant Property, and any party asserting that such structure is not a Historically Significant Property shall bear the burden of proving the same by clear and convincing evidence.
(2) If new construction is proposed, the design of the new construction shall be permitted unless it is proven, by a preponderance of the evidence, that the new building is not compatible with any structure more than fifty (50) years old that is in Proximity to the proposed new building. Nothing herein shall limit the authority of the Architectural Board of Review to require a property owner to adhere to proper architectural principles in the design, use of materials, finished grade lines and orientation of the construction of the new building or to make recommendations to the applicant regarding the proposed design.
(3) If an addition to, or exterior alteration of, an existing Historically Significant Property is proposed, the applicant shall bear the burden of proving, by clear and convincing evidence, that the proposed addition or alteration is consistent with the historically significant features of the structure such that the historically significant features shall be preserved.
(4) If a party proposes the demolition of a Historically Significant Property, that party bears the burden of proving, by clear and convincing evidence, that the demolition is permissible pursuant to Section 1146.06 hereof.
(Ord. 2019-39. Passed 8-13-19.)