§ 156.044 (HD) HISTORIC DISTRICT (OVERLAY).
   (A)   Purpose.  
      (1)   The city contains numerous historic architectural and environmental assets that establish an environmental character. This environmental character is directly linked to the economic, social, historical and cultural health and well-being of the community. The purpose of the Historic District is to protect and preserve these assets and to prevent intrusions and alterations within the established districts which would be incompatible with their established character.
      (2)   The Historic District is an Overlay District. This means that the requirements of this section are requirements which must be met in addition to the established requirements and standards of the base district over which the Historic District is placed.
   (B)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (1)   ALTERATION. Any action to change, modify reconstruct, remove or demolish any exterior features of an existing structure or site within the Historic District. For the purpose of this item, ordinary maintenance to correct any deterioration, decay or damage to a structure or premises and to restore the structure as nearly as practicable, is excluded from the definition of ALTERATION, provided such work does not involve a change in type of building materials.
      (2)   ARCHITECTURAL CHARACTER. The architectural style, general design, and general arrangement of the exterior of a building or other structure including the type and texture of the light fixtures, signs and other appurtenant fixtures. In the case of an outdoor advertising sign, EXTERIOR FEATURES means the style, material, size and location of the sign.
      (3)   APPLICANT. Any person, persons, association, organization, partnership, unit of government public body or corporation who applies for a Certificate of Appropriateness in order to undertake an environmental change within the District.
      (4)   BOARD. The Historic District Review Board of the city.
      (5)   CERTIFICATE OF APPROPRIATENESS. A certificate authorizing any environmental change within the Historic District.
      (6)   DISTRICT. The Historic District.
      (7)   ENVIRONMENTAL CHANGE. The construction, alteration, demolition or removal of any property subject to the provisions of this section.
      (8)   PRESERVE or PRESERVATION. The process, including maintenance, of treating an existing building to arrest or slow future deterioration, stabilize the structure and provide structural safety without changing or adversely affecting the character or appearance of the structure.
      (9)   OWNER. The owner of record, and the term shall include the plurals well as the singular.
   (C)   District boundaries. The Historic District shall consist of areas to be identified and designated by City Council under separate ordinance. The designation of such areas shall be made by Council after obtaining a recommendation from Planning Commission, and holding a public hearing. Prior to that hearing, notification shall be given to all property-owners and residents of the proposed district, pursuant to the same requirements for zoning amendment.
   (D)   Historic District Review Board.
      (1)   Establishment and corporation. The Historic District Review Board is hereby established consisting of the five members of the Planning Commission, and two additional members appointed by City Council for terms of three years. Both additional members shall be residents of the city, and at least one of these two additional members shall be a resident or property-owner of the Historic District. In appointing these two additional members, the Council shall make good faith effort to appoint persons with professional training in the fields of architecture, landscape architecture, design or urban planning.
      (2)   Procedures. The Historic District Review Board shall adopt its own procedural rules and guidelines.
   (E)   Certificate of appropriateness required. No environmental change shall be made to any property within the Historic District until a certificate of appropriateness has been properly applied for, and issued by the Board. No building permit or certificate of zoning compliance shall be issued by the Building and Zoning Inspector for any construction, reconstruction, alteration or demolition of any structure now or here-after in the Historic District or subject to the historic process, unless a certificate of appropriateness has been issued.
   (F)   Procedure for certificate of appropriateness.
      (1)   The application for a certificate of appropriateness shall be made on such forms as prescribed by the Building and Zoning Inspector, along with such plans, drawings, specifications and other materials as may be needed by the Board to make a determination. At a minimum, such information shall include the following:
         (a)   Site plan showing building outlines, dimensions and landscaping.
         (b)   A complete description of the proposed environmental change.
      (2)   Applications for a Certificate of Appropriateness shall be filed with the Building and Zoning Inspector at least 15 days prior to the meeting of the Historic District Review Board.
      (3)   The Board shall determine whether the proposed environmental change will be appropriate to the preservation of the environmental, architectural or historic character of the Historic District, pursuant to the criteria specified in divisions (G) and (H) of this section.
      (4)   In determining the appropriateness of a specific environmental change, the Board may conduct a public hearing on the project and/or solicit input from consultants to the city.
      (5)   If no action is taken within 60 days from the date of application, the certificate of appropriateness shall be issued as a matter of law.
   (G)   Criteria of evaluation of application for certification of design appropriateness. In considering the appropriateness of any proposed environmental change, including landscaping or exterior signage, the Historic District Review Board shall consider the following:
      (1)   The visual and functional components of the building and its site, including but not limited to, building height, massing and proportion, roof shape and slope, landscape design and plant materials, lighting, vehicular and pedestrian circulation, and signage.
      (2)   The distinguishing original qualities or character of a historic building, structure, site and/or its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural or environmental features should be avoided when possible.
      (3)   All buildings, structures and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance inconsistent or inappropriate to the original integrity of the building shall be discouraged.
      (4)   Whereas changes which may have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment, if these changes are deemed to have acquired significance, then this significance shall be recognized and respected.
      (5)   Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be treated with sensitivity.
      (6)   Significant architectural features which have deteriorated shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repair or placement of architectural features should be based on accurate duplication of the feature, and if possible, substantiated by historic, physical or pictorial evidence rather than on conjectural designs or availability of different architectural elements from other buildings or structures.
      (7)   The surface cleaning of masonry structures shall be undertaken with methods designed to minimize damage to historic building materials. Sandblasting and other cleaning methods that will damage the historic building materials should be avoided.
      (8)   Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment.
      (9)   Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the original structure would be unimpaired. Additions to the least significant and least visible of historic properties should be given priority over other designs.
   (H)   Design criteria. The design standards for the Historic District are described below. A complete copy of the Downtown Design Review Standards is kept on file in the office of the City Auditor. (Ord. 2-92, passed 3-11-92; Am. Ord. 6-93, passed 3-24-93; Am. Ord. 10-94, passed 5-23-94; Am. Ord. 32-94, passed 11-21-94)
      (1)   Existing structures and premises. Reconstruction or rehabilitation within the Historic District shall conform to the distinguishing, original exterior qualities or character of the structure, its site, and its environment.
      (2)   New construction. The design of new structures and of additions to existing structures, including new site improvements, shall make into account the architectural style, general design, arrangement, texture, material and color of other structures and premises within the individual precinct.
      (3)   Materials.
         (a)   All new structures and all reconstruction or remodeling of existing structures within the Historic District shall utilize natural traditional exterior materials such as brick, stone, masonry and wood.
         (b)   The use of contemporary materials, such as aluminum, other metals, fiberglass and plastics for exterior surfaces on architecturally significant structures shall be prohibited unless the use of such materials would contribute to preservation or enhancement of existing traditional materials and the overall integrity and longevity of a structure.
      (4)   Color. Traditional colors and combinations of those colors that are both identified with the origin or the era in which the structure of property was originally built, shall be used for exteriors for all new structures to be built, and reconstruction, remodeling and exterior maintenance of existing structures within the Historic District.
      (5)   Signs. All signs within the Historic District shall conform to color and material standards of this section, be of such a style or design that reflects the era during which the structure was built, and shall conform to the requirements of §§ 156.110 through 156.118 of this chapter. Sign size and shape shall also respond to the existing proportions of period structures, and signs shall not be permitted to cover, “blank-out” or close existing window and doorway openings or otherwise hide important architectural features.
   (I)   Demolition of structures. In cases where an applicant applies for a Certificate of Appropriateness to demolish a structure within the Historic District, the Historic District Review Board shall grant the demolition and issue a certificate of appropriateness when at least one of the following conditions prevail.
      (1)   The structure contains no features of architectural and historic significance to the character of the individual precinct within which it is located.
      (2)   There exists no reasonable economic use for the structure as it exists or as it might be restored, and that there exists no feasible and prudent alternative to demolition.
      (3)   Deterioration has progressed to the point where it is not economically feasible to restore the structure.
   (J)   Maintenance. Nothing in this section shall be construed to prevent ordinary maintenance or repair of any property within the Historic District, provided such work involves no change in material, design, texture, color or exterior appearance; nor shall anything in this section be construed to prevent any change, including the construction, reconstruction, alteration or demolition of any feature which in the view of the Building and Zoning inspector is required for the public safety because of an unsafe, insecure or dangerous condition.
   (K)   Appeals. Any applicant aggrieved by any decision of the Board may appeal the decision to the City Council. Such appeal shall be taken by the filing of a written statement, setting forth the grounds for the appeal, with the Clerk of City Council within 30 days of the decision of the Board. The City Council may reverse, remand, or modify such decision and shall state the reasons therefore.
   (L)   Penalty. Whoever constructs, reconstructs, alters, or modifies any exterior architectural or environmental feature now or hereafter within the Historic District in violation of this section, shall be deemed to be guilty of a misdemeanor, subject to the penalties specified in § 156.999 of this chapter.
(Ord. 34-90, passed 12-26-90)