(A) Certificate required. Except as provided in this section, no construction, alteration, demolition, or removal of a designated landmark, or a development within a Historic Preservation District shall be permitted without a receipt of a certificate of appropriateness. Exterior siding, porch improvements, railings, fences, satellite dishes, and exterior lighting which are subject to other village regulations and building code requirements shall also require a certificate of appropriateness.
(B) Review. Upon the filing of an application for a demolition or building permit on property within a Historic Preservation District or designated as a historic landmark, the Director of Community Development shall notify the applicant of the need for a certificate of appropriateness, and shall notify the Historic Preservation Commission of receipt of the application. The application shall be reviewed by the Historic Preservation Commission considering recommendations of the Director of Community Development and staff shall decide whether the certificate should be approved, approved with conditions or denied.
(C) Standards for issuing a certificate of appropriateness. In considering whether to grant a certificate of appropriateness, the Historic Preservation Commission shall consider the effect of the proposed construction, alteration, removal, or demolition upon the historic, cultural, or architectural value, character and significance of a landmark, or of a Historic Preservation District. The standards to be used by the Commission in making its determination shall include, but not limited to:
(1) Whether the project is compatible with the landmark or historic district as a whole in terms of size, scale, and massing. As a guideline for alterations or new construction, the building height shall be no greater than that of the tallest existing structure and no less than the lowest existing structure in the same block. The building street facade of the proposed alterations or new construction shall be no wider or narrower than the widest or narrowest street facade on the same block.
(2) The extent to which the alteration affects the distinctive character of architectural features of the structure, including consideration of the harmony of materials, details, height, mass, proportion, rhythm, scale, setback, shape, street accessories, and workmanship. Proposed exterior materials shall be compatible in type, scale, texture, and color with other buildings in the same block. As a general guideline, asbestos siding, asphalt siding, cast stone, artificial brick, aluminum, vinyl, or masonite clapboard siding more than eight inches wide are not acceptable materials to be used where visible from the street.
(3) The degree to which the proposed work would isolate the structure from its historical or architectural surroundings.
(4) The compatibility of the architectural style and design of the proposed work with the original architecture of the landmark or styles within a historic district.
(5) The degree to which the proposed work is compatible with the original design concept of the structure or with the general design characteristics of the era which the structure represents.
(6) The degree to which the proposed building materials are compatible with the aesthetic and structural appearance of the structure, including the texture, style, and color of the materials and the proposed combination of materials such as brick, stone, concrete, shingle, wood, and stucco.
(7) The degree to which the proposed work is compatible with additional development guidelines adopted from time to time by the Historic Preservation Commission for landmarks or historic districts.
(8) The relationship of the location of the proposed work to the streets, public or semi-public ways and any other structures or property contiguous to a landmark or within a historic district.
(9) The degree to which the proposed work involves the removal or alteration of any historic or distinctive architectural features.
(10) The degree to which the proposed work is compatible with the US Secretary of the Interior's Standards for Rehabilitation (codified in 36 CFR 67), as may be amended from time to time. The following standards are to be applied to specific rehabilitation projects in a reasonable manner, taking into consideration economic and technical feasibility:
(a) A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.
(b) The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.
(c) Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.
(d) Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.
(e) Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved.
(f) Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.
(g) Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.
(h) Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.
(i) New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.
(j) New additions and adjacent or related construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the property and its environment shall be unimpaired.
(k) New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
(D) Guidelines for rehabilitating historic buildings. The following guidelines for rehabilitating historic buildings are outlined in the US Secretary of the Interior's publication, Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings ("Standards for Rehabilitation", or "Standards"). These principles shall apply to historic buildings of all sizes, materials, occupancy and construction types whether designated as a landmark or part of a Historic District. Please refer to Standards for Rehabilitation for further details, which document is hereby incorporated by reference into this chapter to the extent that it is not inconsistent with the provisions of this chapter or Illinois law. The Village Clerk shall at all times have at least three copies of the Standards for Rehabilitation on file in his or her office for public use, and has had said copies on file for at least 30 days prior to the adoption of this chapter.
(1) As stated in the definition, the treatment "REHABILITATION" assumes that at least some repair or alteration of the historic building will be needed in order to provide for an efficient contemporary use; however, these repairs and alterations must not damage or destroy materials, features, or finishes that are important in defining the building's historic character. For example, certain treatments - if improperly applied - may cause or accelerate physical deterioration of a historic building. This can include using improper repainting or exterior masonry cleaning techniques, or introducing insulation that damages historic fabric. In almost all of these situations, use of these materials and treatments will result in a project that does not meet the Standards. Similarly, exterior additions that duplicate the form, material, and detailing of the structure to the extent that they compromise the historic character of the structure will fail to meet the Standards.
(2) Identify, retain, and preserve. The guidance that is basic to the treatment of all historic buildings: identifying, retaining, and preserving the form and detailing of those architectural materials and features that are important in defining the historic character is always recommended and encouraged. Those actions that are most apt to cause the diminution or even loss of the building's historic character are not recommended and are to be discouraged.
(3) Protect and maintain. After identifying those materials and features that are important and must be retained in the process of rehabilitation work, then protecting and maintaining them should be addressed. Protection generally involves the least degree of intervention and its preparatory other work.
(4) Repair. When the physical condition of character-defining materials and features warrants additional work, repairing is recommended. Guidance for the repair of historic materials such as masonry, wood, and architectural metals again begins with the least degree of intervention methods. Repairing also includes the limited replacement in kind--or with a compatible substitute material--of extensively deteriorated or missing parts of features when there are surviving prototypes. Although using the same kind of material is always the preferred option, substitute material is acceptable if the form and design as well as the substitute material itself convey the visual appearance of the remaining parts of the feature.
(5) Replace. Following repair in the hierarchy, guidance is provided for replacing an entire character-defining feature with new material because the level of deterioration or damage of materials precludes repair. If the essential form and detailing are still evident so that the physical evidence can be used to re-establish the feature as an integral part of the rehabilitation project, then its replacement is appropriate.
(6) Design for missing historic features. When an entire interior or exterior feature is missing, it no longer plays a role in physically defining the historic character of the building unless it can be accurately recovered in form and detailing through the process of carefully documenting the historical appearance. Where an important architectural feature is missing, its recovery is always recommended in the guidelines as the first, or preferred, course of action. However, a second acceptable option for the replacement feature is a new design that is compatible with the remaining character-defining features of the historic building. The new design should always take into account the size, scale, and material of the historic building itself and, most importantly, should be clearly differentiated so that a false historical appearance is not created.
(7) Alterations/additions to historic buildings. Some exterior and interior alterations to the historic building are generally needed to assure its continued use, but it is most important that such alterations do not radically change, obscure, or destroy character defining spaces, materials, features, or finishes. The construction of an exterior addition to a historic building should be avoided, if possible, and considered only after it is determined that those needs can not be met by altering secondary, i.e., non-character defining interior spaces. If, after a thorough evaluation of interior solutions, an exterior addition is still judged to be the only viable alternative, it should be designed and constructed to be clearly differentiated from the historic building and so that the character-defining features are not radically changed, obscured, damaged, or destroyed.
(8) Health and safety code requirements; energy retrofitting. Work done to meet health and safety code requirements (for example, providing barrier free access to historic buildings); or retrofitting measures to conserve energy (for example, installing solar collectors in an unobtrusive location on the site) is quite often an important aspect of rehabilitation projects, but it is usually not part of the overall process of protecting or repairing character-defining features. Rather, such work is assessed for its potential negative impact on the building's historic character. For this reason, particular care must be taken not to radically change, obscure, damage, or destroy character-defining materials or features in the process of rehabilitation work to meet code and energy requirements.
(E) Care and maintenance of designated property. Any property, real estate or improvement that is designated as a landmark, or which is within the Historic Preservation District, whether owned or controlled privately or publicly, shall receive reasonable care, maintenance and upkeep appropriate for the preservation, protection, enhancement and perpetuation of the historic, architectural and cultural atmosphere of the District.
(F) Action by the Historic Preservation Commission. At the next regularly scheduled meeting of the Historic Preservation Commission following receipt of a complete application for a certificate of appropriateness and the recommendation of the Director of Community Development and appropriate staff, and following written notification to the owner, the Commission shall review the application.
(1) If the Commission finds that the activity proposed by the applicant:
(a) Will not adversely affect the significant historical, cultural, architectural, or archaeological character or significance of the designated landmark or Historic Preservation District or cited in the application for landmark designation;
(b) Is appropriate and consistent with the criteria established for landmark designation set forth in division (A)(4); and/or
(c) Will remedy conditions imminently dangerous to life, health, or safety as determined by the Building Department.
Then, the certificate of appropriateness shall be granted.
(2) If the Historic Preservation Commission finds the activity proposed by the applicant does not meet the provisions included in division (F)(1) above, and will adversely affect the historic, architectural, archaeological, or cultural character or significance of the landmark or Historic Preservation District, then the Commission shall recommend to the Board of Trustees that the certificate of appropriateness be denied and so advise the applicant and the Building Department in writing of the denial.
(a) Upon receipt of notice of a recommended denial of an application for a certificate of appropriateness, the applicant may submit evidence to the Historic Preservation Commission of any hardship from the denial of the application that would result in substantial economic loss. For a landmark or landmark eligible structure:
1. If the Commission determines that a denial of a certificate of appropriateness does not cause an undue economic hardship, the Commission may recommend to the Board of Trustees to postpone the alteration, demolition, or removal, and the Commission shall so notify the owner in writing. During the period set forth for postponement, the Commission shall explore alternatives to alteration, demolition, or removal. Such alternatives may include consultation with private civic groups, interested private individuals and public agencies in an effort to find a persuasive means of preserving the structure. If the sale of the property is considered a feasible alternative to the owner, the building must remain on the open market for six months. If, after a period not to exceed six months, no alternative agreement has been reached with the applicant, the Commission shall recommend to the Board that a certificate of appropriateness be issued for alteration, demolition, or removal of the structure in question.
(b) For any structure existing in the Historic District that is not a landmark or landmark eligible structure:
1. If the Historic Preservation Commission determines that a denial of a certificate of appropriateness does not cause an undue economic hardship, every effort should be made to reach a compromise with the applicant that would allow approval of a certificate of appropriateness.
(3) In recommending that the certificate of appropriateness be approved, the Commission shall recommend conditions necessary to minimize the adverse impact of the requested activity.
(4) The right of appeal.
(a) All persons shall have the right to appeal the Historic Preservation Commission's decision pertaining to interpretation of the codes contained in the Historic Preservation Chapter of the village. All appeals shall be directed to the Building Committee which is appointed by the Board of Trustees of the village. An application for appeal shall be based on a claim that the true intent of this chapter or rules legally adopted thereunder have been incorrectly interpreted.
(b) The application for appeal shall be filed in writing, addressed to the Chairman of the Building Committee, and shall contain the following information:
1. Name and address of the appellant.
2. Location of premises or property in question.
3. Division, article, and section of the chapter being contested.
4. Interpretation being contested.
5. Appellants' reasons for challenging the Committee's interpretation stating the relief or solution requested.
6. Request for a hearing by the Building Committee to review the matter.
(c) The Chairman shall respond to the appellant, and shall establish a date and time for a meeting or hearing to be held within 60 days of receipt of the appeal.
(d) The Building Committee shall conduct an open meeting or hearing allowing the appellant an opportunity to be heard, and shall have the right to seek counsel from professional and technical staff and consultants who may be called upon to offer testimony which will aid the Committee in attempting to arrive at a just decision in the matter being heard. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received.
(e) The Building Committee, after due deliberation, shall render a decision in writing within 21 days of completion of the hearing process. A simple majority vote by the Committee shall constitute the Committee decision.
(G) Action by Board of Trustees. If there is still a dispute concerning the denial of a certificate of appropriateness and all of the preceding options have been explored, the concerned person, group of persons, or association may request an appeal to the Board of Trustees. In making its decision, the Board shall consider the recommendations of the Historic Preservation Commission, the Director of Community Development and staff, and the criteria in division (A)(4), and grant, grant with conditions, or deny the certificate of appropriateness.
(Ord. 94-0-037, passed 6-21-94)