(A) It shall be the duty of the Commission to implement or cause to be implemented the provisions of this subchapter for the achievement of the purposes slated in§ 150.065(B).
(B) The Commission shall review all plans for work upon or affecting a historic district or district resource or proposed historic district or district resource, and shall have the power to issue or deny a certificate of appropriateness with respect to such plans before any work is commenced. The Building Official shall not issue a building permit or other permit for work, nor shall a property owner or other person commence work or continue work, upon or affecting an established or proposed historic district or district resource until the provisions of this subchapter have been observed.
(C) (1) The Commission shall recognize that the forms or characteristics of historic district or district resource vary, and that the achievement of the purposes prescribed in § 150.065(B)) may necessitate differences in the guidelines established with respect to a particular historic district or resource and the guidelines to be prescribed for a different historic district or resource. Guidelines in every instance shall be negotiated, insofar as is practicable, by the Commission in concert with property owners affected or to be affected, thereby, guidelines formulated by the Commission shall apply uniformly as the same are found by the Commission to be applicable, to each established or proposed historic district or district resource having the same or similar form or characteristics.
(2) Guidelines shall specify with particularity all matters related to the general compatibility of exterior design, structural height, mass arrangement, texture, appearance, and building and finish materials. The Commission may consider nationally accepted design treatment levels or preservation standards in the formulation of guidelines with respect to historical, architectural, and archaeological value and significance of a historic district or proposed historic district or district resource in terms of their relationship of the historic to the historical, architectural or archaeological value of the surrounding area, and to such other factors, including aesthetic, which the Commission deems pertinent.
(D) Guidelines prepared by the Commission shall be subject of at least one public hearing and shall thereafter be submitted to the Council. Commission guidelines shall not become effective until approved by resolution of the Council.
(E) The power and duty of the Commission to review applications for building or other permits or work plans shall be limited to exterior features of a district resource. Work plans (or those parts of work plans) which pertain to interior features shall not be considered by the Commission unless specifically authorized by resolution of the Council. A certificate of appropriateness shall not be denied for reasons other than prescribed in this subchapter and guidelines adopted pursuant hereto. The powers of the Commission shall not extend to any work which is not upon or within a historic district or resource or proposed historic district or resource, however, the Commission shall act as mediator and counselor, insofar as is possible, to provide guidance to property owner and to present solutions or alternatives with respect to conservation, rehabilitation, moving, or demolition, or other work upon a district resource in instances in which the proposed work is not in compliance with applicable guidelines.
(F) The Commission may:
(1) Conduct, assist, or participate in studies and programs designed to identify and evaluate additional historic district and district resources worthy of preservation;
(2) Consult with and consider the recommendations of civic groups, public agencies, and citizens interested in historic preservations;
(3) Inspect, with the consent of the owners and/or occupants, a property or premises under consideration for designation as a district resource or as a part of a proposed historic district; and
(4) Encourage and advise property owners in the protection, enhancement, perpetuation, and use of historic, architectural, and/or archaeological properties.
(G) An application for repair or alteration affecting the exterior appearance of a historic resource, or for its moving or demolition, shall be approved by the Commission if any of the following conditions prevail, and if in the opinion of the Commission the proposed changes will materially improve or correct these conditions:
(1) The resource constitutes a hazard to the safety of its occupants or to the public;
(2) The resource is a deterrent to a major improvement program which will be of substantial benefit to the village;
(3) Retention of the resource would cause undue financial hardship to the owner; or
(4) Retention of the resource would not be in the interest of the majority of the people of the village.
(2005 Code, § 271.005) (Ord. passed 5-10-1967)