§ 154.46  REGULATIONS GOVERNING EXISTING BUILDINGS, NEW BUILDINGS, ADDITIONS, DEMOLITIONS AND REMOVAL OF BUILDINGS.
   (A)   Limitations on issuance of building and demolition permits.  No construction, reconstruction, addition, demolition or removal of any building or significant exterior architectural feature thereof to any pivotal building, contributing building, non-contributing building, or any other structure within an historic district over 150 square feet in floor area; as well as listed landmarks or historic sites in or outside of an historic district shall be undertaken prior to obtaining a certificate of appropriateness from the Glendale Planning and Historic Preservation Commission (GPHPC) and a zoning certificate from the Zoning Administrator, if applicable. No zoning certificate shall be issued by the Zoning Administrator for the construction, addition, demolition or removal of a listed pivotal building, contributing building or non-contributing building; as well as landmark and historic sites in or outside of an historic district, except in cases falling within the exclusion set forth in this section, unless the application for such permit is approved by the GPHPC through the issuance of a certificate of appropriateness in the manner prescribed herein.
   (B)   Certificate of appropriateness.
      (1)   Applicability.
         (a)   When the owner of a pivotal building, contributing building  or non-contributing building; as well as landmark or historic site in or outside of an historic district intends to construct, reconstruct, alter or demolish any exterior architectural feature of such building or an accessory building exceeding 150 square feet in floor area located on the same lot as the landmark, pivotal contributing or non-contributing building, unless said building is designated as an historic site, or when the owner of a pivotal building intends to subdivide the lot containing the pivotal building they shall first apply for and secure a certificate of appropriateness. A certificate of appropriateness is required for any exterior change to the building or its property, as otherwise regulated by this section. 
            1.   The GPHPC shall follow the design requirements as they appear in these ordinances. In addition, the Historic Preservation Guidelines approved by the Village Council on May 3, 2004, along with subsequent revisions, shall be a guide to the GPHPC in its determination of appropriateness.
            2.   The application for a certificate of appropriateness shall be filed with the Village Zoning Administrator with such plans, specifications, and other materials as the village requires.
         (b)   When the owner of a pivotal building or contributing building; as well as landmark or historic site in or outside of an historic district intends to construct, reconstruct, alter or demolish any exterior architectural feature of such building or accessory building exceeding 150 square feet in floor area, the GPHPC shall follow the design requirements as outlined in divisions (C), (D) and (E) of this section. In addition, the Historic Preservation Guidelines approved by the Village Council on May 3, 2004, along with subsequent revisions, shall be a guide to GPHPC in its determination of appropriateness.
         (c)   When the owner of a non-contributing building within an historic district intends to construct, reconstruct or alter any exterior portion of a principal building or accessory building exceeding 150 square feet in floor area, the GPHPC shall follow the design requirements for non- contributing buildings in historic districts in division (F) of this section and comply with the design requirements for site improvements and demolition.
      (2)   Procedure.
         (a)   Once an application for a certificate of appropriateness is filed with the Zoning Administrator, it shall be scheduled on the agenda of the next available meeting of the GPHPC, except, however, that such application shall be heard within 45 days of the receipt of the completed application and necessary attachments by the village. At the hearing, the GPHPC shall approve the application or make suggestions to modify the application for approval at its next meeting.
         (b)   Within 75 days of the receipt of the completed application and necessary attachments by the village, the GPHPC shall file a report approving the certificate of appropriateness, approving the certificate of appropriateness with conditions, or denying the application.
         (c)   If the application is not heard by the GPHPC within 45 days or no report is filed within 75 days of the receipt of the completed application and the necessary attachments by the village, the certificate of appropriateness shall be considered approved by the GPHPC.
         (d)   An application shall be deemed filed only when it contains the plans, specifications, and other materials prescribed by the village.
         (e)   A denial of a certificate of appropriateness application may be appealed to the Village Council according to the provisions of § 154.47.
      (3)   Design guidelines.  The GPHPC shall supplement the design requirements listed in the following sections by issuing design guidelines. These guidelines are meant to assure that any alteration, demolition, or removal of landmarks, historic sites, and pivotal or contributing buildings preserves and protects the historic character of the entire historic district. These guidelines shall then be submitted to the Village Council for review and approval prior to their becoming effective. Once approved, the guidelines shall be made available by the village to interested parties in order to provide them guidance in designing work scope and submitting requests. GPHPC shall review and update the design guidelines during the first GPHPC meeting of each year and then immediately submit same to the Village Council for approval.
   (C)   Design requirements and guidelines for existing landmarks, pivotal or contributing buildings.
      (1)   (a)   Alteration of exterior design without an addition.  Major design alterations to the front facade of existing buildings are not permitted.  Design alterations to side or rear facades readily visible from a street are limited to 10% of the surface area.  Design alterations to a side or rear facade, not readily visible from a street, are limited to 50% of the surface area.  Change beyond these restrictions can be allowed if such change is a restoration of the structure to its historic appearance or is deemed an appropriate improvement by the Planning and Historic Preservation Commission to a structure previously altered.
         (b)   Alteration of exterior design with an addition.  The above percentage restrictions regarding design alterations to existing exterior architectural features still apply, however, the Commission may issue a certificate of appropriateness based on the architectural merits of the proposed addition.
      (2)   Additions.  Additions to existing buildings must preserve the form, significant materials and features of the building; and additions must be compatible with the existing building's massing, size, scale, materials and architectural features.
      (3)   Materials.  Buildings shall have exterior material of painted wood, material that simulates painted wood, brick, stucco, or stone masonry. Windows shall be similar to those of adjacent pivotal or background structures.
      (4)   Accessory buildings.  Accessory buildings exceeding 300 square feet of floor area shall be of the same architectural style and same exterior material as the main building unless the accessory building is a reconstruction of an accessory building that previously existed on the lot, in which case substantial freedom shall be afforded the applicant to replicate the structure as it previously existed.
      (5)   Scale and massing.  Overall building height to width ratios, chimney construction, roof pitch, footprint size, both absolute footprint size and size relative to lot size, placement and orientation, and other pertinent data, as deemed important to the overall building appearance, to assure reasonable adherence to the pivotal or contributing buildings adjacent shall be considered in the design of any addition, alteration or replacement of existing structures.
   (D)   Design requirements for new buildings in historic districts.
      (1)   Scale and massing.  New buildings shall be similar in size, scale, mass and architectural style as the surrounding pivotal and contributing buildings.  Overall building height to width ratios, chimney construction, roof pitch, footprint size, both absolute footprint size and size relative to lot size, placement and orientation, and other pertinent data, as deemed important to the overall building appearance including that which is outlined in the Historic Preservation Guidelines, to assure reasonable adherence to the pivotal or contributing buildings adjacent shall be considered in the design of any new or replacement structures.
      (2)   Materials.  New buildings shall have exterior material of painted wood, material that simulates painted wood, brick, stucco, or stone masonry. Windows shall be similar to those of adjacent pivotal or contributing buildings.
      (3)   Accessory buildings.  Accessory buildings exceeding 300 square feet of floor area shall be of the same architectural style and same exterior material as the main building unless the accessory building is a reconstruction of an accessory building that previously existed on the lot, in which case substantial freedom shall be afforded the applicant to replicate the structure as it previously existed.
      (4)   Chimneys.  New buildings, other than accessory building of less than 500 square feet, shall include one or more chimneys (whether operational or ornamental), except garages, which may include cupolas instead of chimneys, unless one-third or more of the buildings on adjacent lots do not contain chimneys.
      (5)   Building footprint.  To maintain the stature of pivotal buildings, the footprint of any new building erected on a lot adjacent to a lot containing a pivotal building shall not exceed the footprint of the pivotal building.
      (6)   Site location of new buildings.  In order to maintain historic landscapes around landmarks, and pivotal or contributing buildings, no new buildings shall be built on contiguous lots in front of landmarks, historic sites, and pivotal or contributing buildings. New buildings are permitted on lots next to or behind landmarks, and pivotal or contributing buildings.
      (7)   Garages.  In order to maintain the characteristics of the historic districts, no new house may be built with garage doors on the front elevation of said house facing the street. For corner lots, garage doors may face the street on the side elevation.  Detached garages built behind the rear elevation of new or existing houses may have garage doors facing the front or side of the lot.
   (E)   Design guidelines for site improvements to properties in historic districts.
      (1)   Building signage.  Any sign, requiring a permit from the village, which is proposed to be attached to a landmark, pivotal building or contributing building shall be of material and style harmonious to the overall theme of the area. All such signs shall be presented to the GPHPC for certificate of appropriateness approval prior to initiation or erection of such sign.
      (2)   Parking and paving.  Reducing green space by adding additional pavement for driveways or parking areas should be limited whenever possible. New driveways and parking areas shall respect existing contours and natural features and be set back from adjoining property lines at least five feet.
   (F)   Non-contributing buildings.  Additions and alterations to, and rehabilitations of non-contributing buildings should either be compatible with the style and character of the non-contributing buildings or should cause the buildings to become more compatible with the district.
   (G)   Demolition.  The demolition of existing buildings shall not be unreasonably denied. The GPHPC shall consider the following criteria in evaluating applications for demolition.
      (1)   Public safety.  Demolition has been ordered by the Building Inspector for public safety because of an unsafe or dangerous condition that constitutes an emergence.
      (2)   Commercial property.  The owner can demonstrate to the satisfaction of the GPHPC that the building cannot be reused nor can a reasonable economic return be gained from the use of all or part of the building proposed for demolition.
      (3)   Dwellings and accessory buildings.  The owner can demonstrate to the satisfaction of the GPHPC that the building can not be economically restored and will not adversely affect the character of the village.
      (4)   Non-significant items.  The demolition request is for an inappropriate addition or a non-significant portion of building and the demolition will not adversely affect those parts of the building that are significant as determined by the GPHPC.
      (5)   Non-contributing buildings.  Non-contributing buildings may be demolished if the demolition will not adversely affect the character of the district. Any new construction on the cleared site will be subject to the guidelines for new construction and site improvements.
   (H)   Subdivision of lots containing landmarks or pivotal buildings.
      (1)   The subdivision of any lot containing a landmark or pivotal building shall be accomplished in such way that both the new lot and reduced lot conform to the minimum lot size in the zoning district and shall provide sufficient space so that a minimum 30 foot distance is maintained between any landmark or pivotal building and any structure proposed on the new lot.
      (2)   Any new lot created from the subdivision of a lot containing a landmark or pivotal building must be at least one-half the size of the remaining portion of the lot containing the landmark or pivotal building.
(Ord. 1993-52, passed 11-4-93; Am. Ord. 1993-70, passed 12-6-93; Am. Ord. 2001-40, passed 4-1-02; Am. Ord. 2004-15, passed 6-15-04; Am. Ord. 2006-08, passed 3-6-06; Am. Ord. 2009-38, passed 9-14-09; Am. Ord. 2009-56, passed 9-14-09; Am. Ord. 2010-32, passed 9-3-10; Am. Ord. 2011-28, passed 8-1-11)