(a) Definitions. For purposes of this chapter, the terms, phrases and words defined herein and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, words in the singular number include the plural number, and words used in the masculine gender include the feminine and neuter. Definitions contained elsewhere in this Code, where not in conflict with those contained in this chapter, shall apply.
(1) “Alter” or “Alteration” means any material or visual change, other than normal maintenance or repair, to the exterior of any structure or to any lot located within the OV District.
A. “Adverse alteration” means an alteration that destroys or damages one or more architectural features, characteristics or appurtenances of a structure, characteristics of a lot improvement, or is inappropriate to the site or to the architectural characteristics of the OV District. An adverse alteration is identified by the Planning Commission using the standards contained within this chapter, pertinent typical architectural and lot improvement characteristics, and such guidelines as are now or hereafter promulgated for the OV district.
B. “Minor alteration” means a change that has a minimal impact on a structure or lot improvement including, but not necessarily limited to, in-kind replacement or repair of deteriorated building elements, vegetation, and changes that affect only a small portion thereof.
C. “Substantial alteration” means an alteration that has a major impact on the architectural features, characteristics, appurtenances or integrity of a structure or lot including, but not necessarily limited to, changes or additions to: windows, window frames, railings, porches, balconies, ornamentations, fencing and lot improvements such as the removal of trees, shrubbery, regrading and filling.
(2) “Applicant” means any person or his representative who applies for a building or demolition permit or for a certificate of appropriateness therefor for alteration, construction, improvement or demolition.
(3) “Appurtenance” means any object attached in whole or in part to any structure and visible from a public right-of-way including, but not necessarily limited to, a sign, fixture, artwork, trellis, machine or similar objects.
(4) “Architectural feature” means the architectural character and general composition and arrangement of the exterior of a structure including, but not necessarily limited to, the kind, color and texture of the building materials and type and character of all windows, doors, light fixtures, signs and appurtenant elements, visible from any property line and/or public right-of-way.
(5) “Certificate of appropriateness” or “certificate” means a certificate issued by the Planning Commission to an applicant stating that the proposed alteration, construction, improvement or demolition of a structure or lot improvement pursuant to the application filed therefor is appropriate under the terms of this Code pertinent thereto and consistent with the architectural characteristics, guidelines and standards affecting same or due to unusual and compelling circumstances or substantial economic hardship does not require such consistency; and that, therefore, a permit can be issued therefor.
(6) “Characteristics” means unique attributes or qualities of a structure or lot.
(7) “Concept review” means an evaluation of a preliminary design or general plans for an alteration, construction, improvement or demolition.
(8) “Construction” means the process of building, erecting or placing a structure, including any appurtenance thereon, on a lot improvement.
(9) “Demolition” means the process of razing or removing all, or a substantial portion, of a structure, including any appurtenance thereon, on a lot improvement.
(10) “Economic return” means a profit or increase in value from use or ownership that accrues from investment of capital or labor.
(11) “Facade” means each face of a structure or any vertical surface thereof visible from any property line and/or public right-of-way.
(12) “Intrusion” means a structure, including any appurtenance thereon, or lot improvement which detracts from any structure or lot’s significance, or from the character of the Old Village, because of its incompatibility with the sense of time and place and historical development; or its incompatibility of scale, materials, texture or color; or whose integrity has been irretrievably lost; or whose physical deterioration or damage makes rehabilitation infeasible.
(13) “Landscaping” means the design, arrangement, planting or removal of natural scenery including, but necessarily limited to, trees, shrubs, vines, rocks and water, together with man-made materials or objects including, but not necessarily limited to, a bicycle rack, fence, fountain, artwork, sculpture, furniture, or machine, over a given tract of land for the purpose of creating the best practical appearance to the land.
(14) “Lot improvement” means a significant exterior improvement other than a structure including, but not necessarily limited to, landscaping, parking, utility or service area, lighting, walkway, mound, or similar improvement.
(15) “Normal maintenance or repair” means any maintenance or repair which does not require a building permit and does not constitute alteration as defined herein and whose purpose is to correct any decay, deterioration or damage to an architectural feature, appurtenance, or lot improvement and restore same to its condition prior to any such decay, deterioration or damage.
(16) “Old Village” means the Old Village District (OV).
(17) “Owner” means the owner of record as shown in the current tax list of the County Auditor; the mortgage holder of record, if any, as shown in the mortgage records of the County Recorder; and any purchaser under a land contract. “Owner” also means any person who has a freehold or lesser estate in the property; a mortgagee or vendee in possession; or any person who has charge, care or control of the premises as agent, executor, administrator, assignee, receiver, trustee, guardian or lessee.
(18) “Rehabilitation” means the act or process of returning a structure, including any appurtenance thereon, or lot improvement to a state of utility through repair, remodeling or alteration that enables an efficient contemporary use while preserving those portions or features of the structure, appurtenance, or lot improvement that are significant to its historical, architectural and cultural values.
(19) “Relocation” means any change in the location of a structure, including any appurtenance thereon, or lot improvement from one setting to another.
(20) “Restoration” means the act or process of accurately recovering the form and details of a structure, including any appurtenances thereon, or lot improvement and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.
(21) “Stabilization” means the act or process of applying measures designed to reestablish a weather-resistant enclosure and structural stability to an unsafe or deteriorated structure, appurtenance, or lot improvement while maintaining its existing essential form.
(22) “Standard” means a regulation set forth in this chapter and which either specifically or generally defines what constitutes an appropriate alteration, construction, lot improvement, or demolition.
(23) “Substantial economic hardship” means a financial burden imposed upon an owner which when factually detailed and measured by standards and criteria of this chapter is unduly excessive preventing a realization of an economic return upon the value of the owner’s property.
(24) “Unusual and compelling circumstances” means those uncommon and extremely rare instances factually detailed and conforming to the standards and criteria therefor contained in this chapter warranting a Commission’s decision contrary to this Code’s architectural characteristics, guidelines or standards.
(b) Except in cases excluded by Section 1159.04, no person shall alter, construct, or otherwise change the exterior color of or demolish any structure, including any appurtenances thereon, or architectural feature thereof now or hereafter in the OV District or make lot improvements or alterations thereon without first applying for a certificate of appropriateness therefor and obtaining either such certificate of appropriateness or a certificate that no architectural feature is involved. The owner shall deposit his permit application with the Department of Planning and Development in the manner and form provided by this chapter. If the proposed alteration, construction, demolition, lot improvement or alteration is one which would otherwise require the submission of a site development plan, the owner shall proceed pursuant to the site development review process and these regulations shall supplement same.
(c) The administration shall issue no permit for alteration, construction, improvement or demolition of any structure, appurtenance, architectural feature, or lot improvement now or hereafter existing within an OV District unless:
(1) The Planning Commission shall have issued a certificate of appropriateness; or
(2) The Planning Commission shall have issued a certificate that no architectural feature is involved; or
(3) On appeal, a court has overturned the Planning Commission’s denial of a certificate of appropriateness; or
(d) During the pendency of the application, the administration shall continue to process such application but shall not issue same. After a certificate of appropriateness has been issued, the administration shall issue the requested permit provided all other provisions of the Code have been met.
(e) The Planning Commission may promulgate guidelines setting forth specific and sufficient standards which, if strictly complied with, will not require Planning Commission review of applications for certificates of appropriateness or certificates that no architectural features are involved. Administrative staff shall approve or deny such applications based upon whether strict compliance with the guidelines has been met. Staff shall report all such approvals or denials to the Planning Commission at its next regular meeting.
(f) The provisions of this chapter shall be deemed severable; and, if any such provision shall be held unconstitutional or otherwise unenforceable by a court of competent jurisdiction the decision of the court shall not impair enforcement of any of the remaining provisions.
(Ord. 06-0-105. Passed 9-5-06; Ord. 18-O-075. Passed 9-4-18.)