(a) Intent. To establish and preserve a Historic Commercial District, as defined by Village ordinance, convenient to and attractive for a wide range of offices, services and retail uses, while maintaining the small scale and easy pedestrian access of a unique area which has a majority of its buildings recognized as historic structures. Historic structures shall include structures:
(1) Listed on the National Register of Historic Places;
(2) Identified as Village landmarks or located within a Village Preservation District as defined in Section 1266.01; or
(3) Fifty years old or older and retaining their architectural integrity.
(b) Permitted Principal Uses. Residential, offices and establishments for selling goods and services at retail and conducted entirely within an enclosed building. Any building using two or more principal uses shall be permitted as a mixed use.
(c) Restrictions.
(1) No building, new or existing, may occupy more than 2,500 square feet of total floor area based on footprint.
(2) Uses which tend to detract or interfere with a high intensity of pedestrian shopping are prohibited, including, but not limited to, the following: gasoline stations; vehicle sales, service or repair; carry-out, drive-through or vehicle service restaurants, excepting businesses which exclusively sell ice cream products and their related toppings and which do not have drive-through or vehicle service.
(3) Hours of operation for any business in this District shall be limited to 6:00 a.m. to 9:00 p.m.
(4) Garbage receptacles shall be fully enclosed within a fence with a gate, and shall not be visible to neighboring occupants.
(5) No structure may be razed or demolished unless one or more of the following criteria have been met:
A. The structure must be declared an immediate hazard to human health and safety by the Fire Inspector, the Health Inspector or the Zoning Administrator.
B. The structure has no historic significance as determined by the Architectural Review Board (“ARB”) and the Zoning Administrator. In order to assess the historic value correctly, the Zoning Administrator or the ARB may solicit the opinion of an architectural historian.
C. Before a demolition permit may be issued under paragraph (c)(5)B. hereof to raze any structure, the applicant must submit complete documentation to the ARB, which documentation shall include, but is not limited to:
1. Photos showing all exterior elevations, all interior rooms (accessible without hazard) and landscaping and a curbside photo;
2. Documentation of original materials used for the structure (e.g. a slate roof, four-inch wide clapboard siding, etc.);
3. Drawings showing floor plan(s), using a scale of one-eighth of an inch equals one foot;
4. Dimensions of the structure; and
5. Notations of exceptional architectural or landscaping features (e.g. solid oak pocket doors with copper latches, pathways, fences, molding in plaster, etc.).
Upon receipt of all documentation, the ARB shall have ninety days to review the documentation and make a determination under paragraph (c)(5)B. hereof as to whether a structure has historic significance, and either grant or deny the permit. If the ARB fails to make such a determination within such ninety-day period, or any extended period agreed to by the applicant, a demolition permit shall be issued.
(6) Restoration materials shall be approved by the ARB, including, but not limited to, siding material, paint color, roofing material, window replacement, porches and support columns and other architectural details.
(7) Sidewalks having a width of five feet and meeting ADA criteria shall be provided for pedestrian access, and shall consist of sandstone, concrete or brick, and shall be well maintained during all seasons. Upon notification of a need for repairs by the Zoning Administrator, repairs must be made within thirty days of such notice, unless the Zoning Administrator grants an extension.
(8) Street trees shall be provided in the area between the street and the sidewalk (hereinafter known as the street tree belt), shall be placed twenty-five feet apart on center and shall be approved by the Village Tree Commissioner. Trees shall be a minimum of twelve feet in height and have a three and one-half inch caliper at the time of planting.
(9) The street tree belt shall be planted in grass and shall not be used for parking.
(10) An approved lamp post shall be placed on the inside of the sidewalks and shall be sixty feet on center. The approved lamp posts shall be manufactured by Hinckley, in the “Village Series”, or an equivalent approved by the ARB. The order numbers are as follows:
Post top: #779-11-blk-HPS-70-120VC (70 watts, 120 volts, black in color)
Pole: #749-10-blk (10 feet in height, black)
Cross arm: #70007-blk (black)
GFI: #70200 (ground fault plug at the base of pole)
(11) Signs shall not be internally illuminated and must be approved by the ARB.
(12) New construction shall conform to the design criteria set forth in Chapter 1266 and shall be approved by the ARB. The proposed new land use shall comply with the land use plans of the Village. Applicants proposing new construction shall submit a preliminary plan to the Planning Commission for its consideration and approval. The site plan shall use a scale of one inch equals twenty feet and include the following:
A. At least 100 feet beyond the side and rear lot lines of the proposed development, including the proposed ingress to and egress from parking and services, the building footprint of all existing and proposed structures, and parking spaces;
B. Existing and proposed grade changes;
C. One cross-section of the property from front to rear;
D. A plan indicating the size, location and adequacy of existing and proposed public and private utilities, including water, sanitary and storm sewers, electric, gas, cable, telephone or any other utility. If underground utilities exist, all new development shall utilize them.
E. Proposed plans for storm drainage shall have retention areas with the capacity of accommodating at least ten percent above a 100-year storm rating.
F. All proposed structures shall be located in line with existing adjacent structures. Where no adjacent structure exists, the proposed structure shall be placed in line with the nearest existing structure.
The Village may require other information which is needed to ensure that the proposed land use and structures will place no undue burden upon the street systems of the Village and adjoining property owners.
(13) Ancillary structures shall also be covered by all of the provisions stated in this section.
(14) Dining out of doors is permitted only within an area enclosed by fencing, and shall be sit-down dining only. Food preparation out of doors is not permitted.
(15) When applicable, any dispute shall be resolved in accordance with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, which are incorporated herein by reference.
(16) Any applicant applying for occupancy in the Historic Commercial District must complete an occupancy permit with the Zoning Administrator prior to occupancy.
(d) Repairs and Maintenance of Structures. No part of this section shall be used as a reason for a violation of any health, safety or welfare regulation or for not making necessary repairs to any structure.
(e) Violations. Any violation of any provision of this section shall be enforced up to the maximum allowable fine for each violation. Each day shall be considered a separate offense. Should any construction, alteration or repair be made without the proper consent of the ARB or without a proper permit being issued by the Zoning Administrator, or any other necessary board or committee as required under this Zoning Code, the property owner shall bear the expense of correcting the violation as deemed necessary by the Village or its representative, and shall be subject to all fines and penalties set forth in Section 1262.99.
(f) Effective Date. This section shall be retroactive to July 20, 1999.
(g) Penalties. Whoever violates any of the provisions of this section shall be subject to the following penalties, which penalties are a minimum and are not exclusive:
Demolition without a permit: | $100,000.00 |
Removal of any part of a structure without a permit: | 50,000.00 |
Construction without a permit: | 50,000.00 |
Repair without a permit: | 10,000.00 |
Removal of a tree without a permit: | 5,000.00 |
Sidewalk repairs not made within time limits: | 5,000.00 |
(Ord. 1114-99. Passed 8-17-99; Ord. 1131-00. Passed 3-21-00.)