(A) Whenever a structure within the District is proposed to be demolished, an application for a Certificate of Appropriateness shall be field with the Secretary of the Board of Architectural Review as provided in this chapter. In considering such application, the Board of Architectural Review shall first determine if the structure is an identified Historic Resource or a structure that has the potential for future designation as a Historic Resource or whether demolition of the structure will have a negative affect on the historic and architectural integrity or character of the District.
(1) Upon a determination the structure has no historic or architectural significance and will not have a negative affect on the historic and architectural integrity or character of district, the Board shall limit its inquiry to the proposal for grading, landscaping, and other design treatment of the property once the structure has been removed. Nothing in this chapter shall be construed to prevent the demolition of this type of a structure, whether public or private, within the District.
(2) When an application is for demolition of a historically and architecturally significant structure, in order for a request for demolition to be approved, sufficient evidence from the applicant must be analyzed to enable the Board to determine that the structure for which demolition is sought meets one or more of the following conditions:
(a) The structure does not contribute to maintaining the character of the "District;" or
(b) There is no reasonable economic use or return for the structure in relation to the following: the amount paid for the property, net income over the last five years, real estate taxes and assessed value of the property, appraisals of the property undertaken with the purchase, financing, or ownership of the property, inability of real estate brokers to sell or lease the property at a reasonable price or rent, and inability to secure economic incentives and/or funding available through federal, state, village, or private programs; or
(c) Deterioration has progressed to the extent that rehabilitation is not economically sound; or
(d) There is no feasible and prudent alternative to demolition because alternative uses cannot earn a reasonable economic return in relation to the following: a comparison between estimated post-construction market value of the building and the cost of proposed redevelopment, alteration, demolition, or removal and the additional cost that would be incurred to comply with the recommendations of the Board of Architectural Review; or the lack of structural soundness of the property.
(3) When an application is for demolition of a historically and architecturally significant structure is denied, the Board of Architectural Review shall undertake meaningful discussion with the applicant and offer to investigate the feasibility of all means of preserving the listed property, including purchase by a third party.
(a) If a compromise proposal is accepted by both the applicant and the Board of Architectural Review, or if the Board determines that preservation of a structure proposed for demolition is not feasible, the Board may henceforth reverse its decision and issue a certificate of appropriateness.
(b) If the Board of Architectural Review and applicant cannot agree on a means of preserving the structure at the initial meeting, then the Board shall continue to schedule good faith meetings at least every 45 days after the initial meeting.
(c) If the applicant fails to meet with the Board in good faith, at the time specified, then discussions may terminate. Upon termination for any reason, the Board shall inform the applicant in writing of the termination of such good faith discussions and that the Final Order for denial of the application shall stand.
(d) If, after holding such good faith meeting(s) over the continued discussion period specified by the Board of Architectural Review, no alternative property use is developed or no offer to preserve the structure or architecturally significant features is made by the applicant, the Village, or a third party, then the Board may also consider whether failure to issue a Certificate of Appropriateness will create a substantial hardship to the applicant and whether such Certificate may be issued without substantial detriment to the public welfare and without substantial derogation from the purposes of this Ordinance. In such event, the Board may approve the application, with or without modifications, and the Secretary of the Board shall issue a Certificate of Appropriateness for such proposed construction, reconstruction, or alteration.
(B) Any proposed new construction in the Architectural District shall be evocative of the general architectural styles, historic character, and architectural integrity of Historic Resources in the Architectural District.
(Ord. 19-96, passed 10-7-96; Am. Ord. 06-2006, passed 5-1-06)