(A) Definitions. Words and phrases used in this section shall have the following meaning:
(1) "ALTERATION." Any act or process which changes one or more of the exterior features of the property and improvements which have been designated for preservation under this section.
(2) "CONSTRUCTION." Any act or process which requires a building permit.
(3) "DEMOLITION." Any act or process which destroys or removes, in whole or in part, an improvement which has been designated for preservation under this section.
(4) "EXTERIOR FEATURES." Includes the architectural character, the general composition, and the general arrangement of the exterior of an improvement, including the kind, color, and texture of building materials, and the type and character of windows, doors, light fixtures, signs, fences, and appurtenant elements visible from public streets and thoroughfares.
(B) Scope of regulation. No alterations, interior construction which affects structural members, exterior construction, or exterior demolition may be performed on property and improvements which have been designated as official landmarks under this chapter, unless first approved by the Village Board.
(C) Approval procedure.
(1) Applications for alterations, interior construction which affects structural members, exterior construction, or demolition of official landmarks shall be filed with the Village Manager on forms provided by the village. The applicant shall furnish such information, plans, specifications, and other documents as the Village Manager or Village Board may reasonably request in connection with the application.
(2) The Village Board shall review the application within 30 days of its having been filed with the Village Manager, and shall approve the request if it finds that the proposed work is in accordance with the applicable criteria hereinafter established in this chapter. Should the Village Board determine that the proposed work is not in accordance with the criteria hereinafter established, then it shall schedule a public hearing to be held within the next 60 days. The applicant shall be notified in writing of the time, date, place, and purpose of the hearing, by certified mail properly addressed to the applicant at the address given on the application. Notice of that public hearing shall also be given by certified mail to the owners of record as shown on the tax assessor's most recent rolls, of property within 250 feet in each direction of the subject landmark. All such notices shall be mailed not more that 30 days nor less than ten days in advance of the hearing. Also, notice shall be published at least once not less than 15 days nor more than 30 days in advance of the hearing in a paper of general circulation in the village. The hearing may be continued from time to time without further notice.
(3) At that public hearing, the applicant, all notified property owners, and all other interested parties shall be allowed to speak. A record of the proceeding shall be made and maintained by the Village Clerk.
(4) The Village Board shall render a decision to approve, deny, or modify the applicant's request on the basis of the criteria hereinafter established within 30 days after the conclusion of the public hearing. The Village Board's decision shall be in writing and shall include findings of fact in support thereof. A copy of the decision shall be mailed to the applicant.
(5) If the proposed work is approved, no change may be made in that proposed work without the submission of a new application. If the proposed work is denied, the same application shall not be resubmitted within the next 12 months upon the written request of an applicant indicating the incorporation of changes in plans and specifications as may have been recommended by the Village Board.
(D) Approval criteria. The Village Board shall consider, where applicable, the following criteria in determining whether or not proposed work, including demolition, is compatible and appropriate:
(1) Whether the proposed work will highlight or positively enhance any exterior feature of the property and improvements.
(2) Whether any new improvements will have a positive effect and harmonize with the external appearance of neighboring improvements.
(3) The extent and process of any proposed demolition and subsequent changes in landscaping.
(4) Whether the proposed work will result in the maintenance or addition of site landscaping and other vegetation.
(5) A report from the Building Inspector on the state of repair and structural stability of the improvement under construction.
(6) Any changes in the essential character of the area which would occur as a result of approval of the application.
(7) Whether the proposed work is in accordance with the U.S. Secretary of the Interior's standards for rehabilitation as found in 36 C.F.R. 67, as amended from time to time.
(8) Whether the proposed work conforms to any design criteria or other specific guidelines which the Village Board may later adopt.
(9) If the proposal is for complete demolition:
(a) Whether, applying the criteria of § 161.05 of this chapter, the village would suffer an irreparable loss.
(b) Whether there are other structures in the community having the same or similar historical background, or whether the subject property is unique.
(c) Whether the proposed new use of the subject property is permitted under the village's zoning regulations.
(E) Economic hardship.
(1) In addition to the criteria established in this chapter for approval of construction, alteration, and demolition of official landmarks, at any public hearing held as required in § 161.07 (C)(2) of this chapter, the Village Board shall also consider any evidence of economic hardship presented by the applicant or on behalf of the applicant. Evidence of economic hardship, as a minimum, should consist of an affidavit signed by or on behalf of the applicant, and should specify the following:
(a) The amount paid for the property, the date of purchase, and the party from whom purchased, including a description of the relationship, if any, between the owner and the person from whom the property was purchased.
(b) The assessed value of the land and improvements thereon according to two most recent assessments.
(c) Real estate taxes for the previous two years.
(d) Annual debt service, if any, for the previous two years.
(e) All appraisals obtained within the previous two years by the owner or applicant in connection with his purchase, financing, or ownership of the property.
(f) Any listing of the property for sale or rent, and the price asked.
(g) Any consideration by the owner as to profitable adaptive uses for the property.
(h) If the property is income-producing, the annual gross income from the property for the previous two years, itemized operating and maintenance expenses for the previous two years, and annual cash flow, if any, during the same period.
(2) If the Village Board finds that without approval of the proposed work, the owner of the subject property would be deprived of all reasonable beneficial use of or return from the subject property, then the application shall be delayed for a period not to exceed six months. During this delay period, the Village Board shall seek to determine a reasonably beneficial use or a reasonable economic return for the subject property, or to otherwise preserve the subject property and improvements. These plans may include, but are not limited to, a relaxation of the provisions of this chapter.
(3) If at the end of the six-month period, the Village Board has determined that without approval of the proposed work, the owner of the subject property would be deprived of all reasonable beneficial use or return from the property, then the Village Board shall approve the proposed work. If the Village Board finds otherwise, it shall issue, deny, or modify the requested application as authorized by this chapter.
(Ord. 925, passed 7-24-85)