(A) The Board of Architectural Review, in deciding whether to issue a Certificate of Appropriateness, shall determine that the application under consideration is not detrimental to the interest of the district and promotes, preserves and enhances the distinctive historical village character of the community. The basic criteria to be applicable in the District and in any subsequently created district shall be the "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings" as adopted by the Secretary of the Interior, U.S. Department of Interior, National Parks Service, and as exist on the date this provision takes effect (Copies of the complete Standards are available in the Village Building Department offices), and such additional standards as Village Council may establish from time to time all districts for each respective district. In conducting its review, the Board shall make examination of and give consideration to the elements of the application, including but not necessarily limited to:
(1) Building massing, which shall include the viewer's and pedestrian's visual perspective;
(2) Window treatment, which shall include the size, shape and materials of the individual window units and the overall harmonious relationship of the window openings;
(3) Exterior detail and relationships, which shall include all projection and receding elements of the exterior, including but not limited to porches and overhangs and the horizontal or vertical expression which is converted by these elements;
(4) Roof shape and materials which shall include type, form and materials;
(5) Materials, texture and color, which shall include a consideration of material compatibility among various elements of the structure. The approved color chart, attached to Ordinance No. 24-2007, passed October 1, 2007, is hereby incorporated in this division as if fully set forth herein;
(6) Compatibility of design and materials, which shall include the appropriateness of the use of exterior design details;
(7) Landscape design and plant materials, which shall include lighting and the use of landscape details to highlight architectural features or screen or soften undesirable views;
(B) In conducting its inquiry and review:
(1) All conflicts of interest and ex-parte communications of the applicant with Board of Architectural Review members are to be disclosed at the beginning of the hearing. All "parties of interest" shall be given the right to testify. All witnesses who give testimony must be sworn individually or as a group. All testimony shall be subject to cross-examination. The Secretary shall maintain a record of the hearing containing proof that all notices were timely given, a recording of the hearing testimony, and a copy of the written findings of fact and decision of the Board of Architectural Review.
(2) The Board may request from the applicant additional information, as it shall reasonably require. It may recommend to the applicant changes in the plans that it considers desirable and may accept a voluntary amendment to the application to include or reflect such changes. The Board shall keep a written record of such amendments and shall append to the application copies of information needed to clearly describe any amendment to it.
(C) When its review is concluded, the Board will determine by a vote of its members whether the application for a Certificate of Appropriateness shall be approved.
(1) The applicant must prove by the preponderance of substantial, reliable and probative evidence on the whole record that the proposed activity will have no adverse effect on a historic resource or the historic integrity of a historic or architecturally significant structure or all or a portion of the district.
(2) If approved by three or more of its members, the Board shall return the application and appended material to the secretary with the instruction that the certificate of appropriateness be issued, provided all other requirements for a Building Permit, if applicable, are met. Unless the work described in the approval from the Board of Architectural Review is commenced within one year and continued progress is made and is completed within two years, the certificate of appropriateness shall expire as a matter of law. The respective Board may grant an extension of time for good cause shown.
(3) If not approved, the Board shall return the application and appended material to the applicant with a detailed, written explanation of all rationale utilized by the Board regarding the reason for disapproval. The Board of Architectural Review shall offer to undertake continuing and meaningful discussions with the applicant over a period of at least 30 days, but not to exceed six months, from the date of disapproval, during which time the Board shall offer to undertake continued and meaningful discussions with the owner of the property in order to develop a compromise proposal acceptable to both.
(D) The Board of Architectural Review shall decide all applications for architectural review not later than 30 days after the hearing thereon, unless an extension of time is agreed to by the applicant.
(E) Receiving a certificate of appropriateness does not negate requirements to adhere to all other zoning and building regulations of the village, county and/or state. When a certificate of appropriateness is issued for demolition, the applicant shall receive further written instruction that new in-fill construction in the district is subject to review by the Board of Architectural Review.
(Ord. 19-96, passed 10-7-96; Am. Ord. 06-2006, passed 5-1-06; Am. Ord. 24-2007, passed 10-1-07)