A. Maximum Building Size Bonus. If the Landmark Preservation Commission or Village Council (pursuant to Section 15.52.060.E of this Code) as the case may be, determines that a single-family residential building is of historic or architectural significance pursuant to the criteria in Section 15.52.060 of this Code, and the owner of the building withdraws its demolition permit application and agrees to preserve the building, the owner shall be entitled to a one-time, maximum building size bonus of 20 percent, as provided in Section 17.30.040.H of this Code, to permit the owner to alter and add on to the historic or architecturally significant building. As part of its determination, the Landmark Preservation Commission or Village Council (pursuant to Section 15.52.060.E of this Code) as the case may be, shall adopt findings specifically identifying any critical exterior historical or architectural features of the building visible from a public or private street or other significant historic or architecturally significant features that warrant preservation (collectively). "Critical Exterior Historical or Architectural Features"). The findings and notice of the applicability of the regulations contained of this Section shall be recorded against the property. Nothing in this subsection A shall be interpreted to exempt, vary or waive any other lot, space, bulk or yard regulations, or any requirement for any relief from any such regulations, that are otherwise applicable to the property and the use of the maximum building size bonus.
B. Use of Maximum Building Size Bonus. An owner of a property shall be permitted to use the one-time, maximum building size bonus granted by Section 15.52.090.A for exterior alterations and additions so long as the alterations and additions would not alter Critical Exterior Historical or Architectural Features. If a proposed exterior alteration and addition would alter Critical Exterior Historical or Architectural Features, the alterations and additions may be made only if the Director determines, in accordance with the criteria set forth in Section 15.52.090.D. that the exterior alterations and additions do not destroy the nature of any Critical Exterior Historical or Architectural Features. An application for such determination shall be submitted to the Director on forms provided by the Village. If the Director determines that a proposed alteration to the exterior of the building or additions to the building destroys the nature of a building's Critical Exterior Historical or Architectural Features, the owner may appeal the Director's determination to the Village Council, which appeal must be filed with the Director within 14 days of the Director's written determination.
C. Subsequent Demolition. If an owner utilizes the one-time, maximum building size bonus approved in accordance with Section 15.52.090.A of this Code to alter and add on to a historic or architecturally significant building, and subsequently any owner of the property conducts work requiring a demolition permit pursuant to Section 15.52.010 of this Code, the building or any future building on the property shall no longer have the benefit of the maximum building size bonus provided by this Section and must bring the property into conformance with any generally applicable maximum building size regulations for the applicable zoning district.
D. Criteria. The Director and Village Council, when considering whether alterations to the exterior or additions to a building would destroy the nature of a building's Critical Exterior Historical or Architectural Features pursuant to this Section, shall consider the general standards and design guidelines set forth below. Depending upon the proposed alteration or additions, the Director or Village Council may require an applicant to post an escrow with the Village and fund an analysis prepared by an architectural historian, historic architect, or other similarly qualified professional to determine if the general standards and guidelines are met.
1. General Standards.
a. Conformance with the Village Zoning Ordinance.
b. Reasonable effort shall be made to use the building, for its originally intended purpose or to provide a compatible use which requires minimal alteration, relocation or demolition.
c. The distinguishing original qualities or character of a building should not be destroyed. The alteration, relocation or demolition of any historic material or distinctive architectural feature should be avoided except when necessary to assure an economically viable use of the property.
d. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building should usually be maintained and preserved.
e. Deteriorated architectural features should whenever possible be repaired rather than replaced. If replacement is necessary, the new material should match as closely as practicable the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features, where possible, should be based on accurate duplications of features, substantiated by historic, physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.
f. The surface cleaning of buildings should be undertaken with the gentlest means possible. Sandblasting and other cleaning methods which will damage the architectural or historic features and building material shall be discouraged.
g. New buildings and the alterations and relocation of existing buildings shall not be discouraged when such work does not destroy significant historical or architectural features and is compatible with the size, scale, color, material and character of the property or neighborhood.
2. Design Guidelines.
a. Height. The height of any proposed alteration should be compatible with the architectural style and character of the building.
b. Proportions of Windows and Doors. The proportions and relationships between doors and windows should be compatible with the architectural style and character of the building.
c. Roof Shape. The design of the roof should be compatible with the architectural style and character of the building.
d. Scale. The scale of additions should be compatible with the architectural style and character of the building.
e. Directional Expression. The dominant horizontal or vertical expression of the facades should be compatible with the original architectural style or character of the building.
f. Architectural Details. Materials, textures, colors and architectural details should be compatible with the original architectural style or character of the building.
g. Appurtenances. Appurtenances including, but not limited to, signs, fences, accessory buildings or structures, permeable and impermeable surfaces should be compatible with the original architectural style or character of the building.
h. Other. In addition to the foregoing, the Director or Council may consider the Secretary of the Interior's Standards for Rehabilitation Guidelines for Rehabilitating Historic Buildings (Revised 1983). and any amendments to such standards.
E. Subsequent Work on Properties Granted a Maximum Building Size Bonus.
1. If an owner previously utilized the one-time, maximum building size bonus approved in accordance with Section 15.52.090.B to alter and add on to a historic or architecturally significant building, and subsequently any owner of the property seeks to undertake exterior alterations or additions to the building that do not require a demolition permit, the owner will be allowed to proceed with the proposed alterations or additions so long as the alterations and additions would not alter any Critical Exterior Historical or Architectural Features. If the proposed alteration or addition would alter a Critical Exterior Historical or Architectural Feature, the alterations or additions may be made only if the Director determines, in accordance with the criteria set forth in Section 15.52.090.D. that the exterior alterations or additions do not destroy the nature of a building's Critical Exterior Historic or Architectural Features. If the Director determines that the proposed alterations to the exterior of the building or addition to the building would destroy the nature of the building's Critical Exterior Historical or Architectural Features, the Director will deny the permit and the owner may appeal the Director's determination to the Village Council, which appeal must be filed with the Director within 14 days of the Director's written determination. Nothing in this Subsection 15.52.090.E.1 shall prevent an owner who received a maximum building size bonus from making more than one addition onto their home provided that the owner complies with the requirements of this Subsection and the home, with all proposed additions, will not exceed the maximum building size permitted by Section 17.30.040.H of this Code.
2. If an owner utilizes the one-time, maximum building size bonus approved in accordance with Section 15.52.090.B to alter and add on to a historic or architecturally significant building, and subsequently any owner of the property conducts work requiring a demolition permit pursuant to Section 15.52.010 of this Code, the building or any future building on the property shall no longer have the benefit of the maximum building size bonus provided by this Section and must utilize the property in conformance with all other applicable provisions of the Zoning Ordinance.
F. This Section 15.52.090 shall not apply to any property that has already been granted a maximum building size bonus pursuant to Section 15.52.090.A or Chapter 15.53 of this Code.
(MC-2-2021, § 7, Added 03/16/2021)