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HomeMy WebLinkAbout4 - Residential Architectural Control Ordinance AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: INTRODUCTION: DISCUSSION: HERITAGE 1891 COMMUNITY 1991 WJSfJ% 2Q91 4 STEVE HESS, ASSOCIATE CITY PLANNER DISCUSS RESIDENTIAL ARCHITECTURAL ORDINANCE JUNE 18, 1990 CONTROL The purpose of this item is to consider the alternatives that are available to the city in regard to architectural controls in our residential neighborhoods. This is commonly referred to as aesthetic zoning. The City Council requested that Staff conduct research on this topic to make Prior Lake a more desirable place to live and to prevent what appears to be a problem in the Sand pointe Addition from occurring again. Staff researched this issue and our findings are presented in this report. The first item that should be considered with aesthetic zoning is the question of legality. The legality of aesthetic zoning varies from state to state. It is a relatively new idea in zoning and some state judicial systems have accepted it while others have decided it is not a proper police power of cities. Because this type of zoning is new to Minnesota, it is very difficult to find any legal decisions that refer to it. I did find a reference of two cases in Minnesota from the 1920's. The Minnesota Supreme Court said that aesthetic re<.1ulations are "widely accepted as approriate" 1n one case and said, "Obviously aesthetics play a significant part in residential zoning" in another. These two cases dealt with sign ordinances, but the regulation of signs is a very important part of most design ordinances. The League of Minnesota cities is doing a check to find out if there have been anf other court cases dealing with aesthetic zon1ng in Minnesota. The results of the League research will be presented at the meeting if available. I believe that with specific standards and a good appeal process it would stand up in court. However, legal council should be directed to review any standards or processes that are proposed. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-42~ / Fax (612) 447-4245 The next item that should be discussed is the practical problems associated with aesthetic zoning. As Norman Williams sa~s in American Land Planninq Law, "the pre-ex1sting pattern, to which some conformity - but not too much conformity - is required, is often a melange, and often also a melange of bad taste." Our existing nei<1hborhoods have a wide variety of housing and 1t would be difficult to define the architectural style of each neighborhood. It would also be difficult to design standards based on the existing housing. standards could be developed for new neighborhoods that could be used to help define the type of city that the residents of Prior Lake want. According to williams, specific standards are necessary and should be required by the courts if aesthetic zoning is to become a part of the accepted police powers of a city. Another point that should be considered is the right of the individual to build a home that is considered by them to be aesthetically pleasing, but may not be to others in the communitr. It may be difficult to prove that an indiv1dual house is at variance with other houses in a neighborhood. As a jud<1e in Ohio said about a case concerning aesthet1c zonin~: "Should her aesthetic sensibilities 1n connection with her selection of design for her proposed home be stifled because of the apparent belief in this community of the group as a source of creativity." The Council must determine if the citizens of Prior Lake are ready and willing to make those kinds of decisions. Aesthetic zoning is becoming an important tool for cities in other parts of the country. I have found very good information in regard to cities that are already using this tool in other states. The process involved is slow and requires the community residents to be involved from the very beginning. They must help desi<1n the standards and enforce them. In the maJority of these cities there is a well defined appeals process and well defined construction standards. Most of the cities also utilize design review boards to base decisions on concerning building permit applications. These boards should be comprised of experts in design and/or architecture, along with other members of the community. Architects should be involved in the development of the standards so the courts will not think the standards have been arbitrarily established. The standards must also be a reflection of the values of the residents of the city. The goals and the objectives of the ordinance should explained at the beginning of the All of these steps will help credibility for the ordinance. I have talked with several different cities in Minnesota, including st. Cloud, Edina, Minnetonka, Burnsville, st. Louis Park, Eden Prairie, Woodbury, Mankato and Rochester. I am still waiting for information from several of the cities, but I have been able to make some conclusions. First, this is a new idea and has only been tried, on a limited basis, in a couple of cities. st. Louis Park has a ordinance that requires city ap~roval of the exterior materials on all build1ngs that face a public street. They have a very informal review board and do not consider the design of the structure during this process. Eden prairie uses design review in their R195 zones, which have lots that are only 40 or 50 feet wide. They have been very successful with these standards, but have not been challenged in court. I am waiting for a copy of their ordinance. I found that several other cities had or are looking into aesthetic zoning. It is a new enough idea and there is not a lot of information concerning Minnesota cities. It is difficult to know exactly how Minnesota courts could react to aesthetic zoning issues. also be document. establish I have included the Village of Hudson, Ohio's, ordinance to give the Council an idea of what is involved in developing an ordinance of this type. The City may be able to develop an ordinance that is not as complex as theirs, however, this ordinance does have good examples of the langua<1e that should be used. Enforcement and commun1ty acceptance of the ordinance would be stronger via a review board, however, that involves a strong commitment from the community. The council needs to determine if the citizens of Prior Lake are willing to support architectural controls. See also a page from a Planning Advisory Service Report that lists the steps that should be followed in developing an aesthetic ordinance. THE FIRST STEP FOR PRIOR LAKE SHOULD BE TO ESTABLISH WHETHER THE COUNCIL AND THE CITIZENS ARE READY TO IMPLEMENT AN ORDINANCE OF THIS TYPE. It is not something that is done quickly and with only limited sup~ort. It must have the full support of the c1tizens and the Council to be successful. ACTION REQUIRED: CITY MANAGER'S NOTE: This information has been included in the agenda report for discussion purposes. Further action concerning this item will result from Council discussion. Your action to Staff on this issue result of complaints received from residents in the Sand pointe (Cedarwood Street). Residents from are expected to attend the meeting their concerns to the Council. was a several Addition this area to voice As you can conclude from Steve's research, this issue is complex and detailed. Council is being asked to res~ond to Staff's research and provide further d1rection on this zoning item. Issues to keep in mind when discussing this issue are among others: 1) Is this ordinance needed (do we have a problem in our community); 2) Are there other ways to address the concerns of the Sand pointe residents without an ordinance; and 3) if we proceed with an ordinance, what priority does it have with staff's time given other projects in 1990. VlUAGE OF HUDSON 27 EAST MAIN ST. HUDSON. OHIO 44238 ;2/~ -~5o-/799 4 CHAPTER 1204 A rchitectural and Historic Board of Review 1204.01 Purposes; architectural criteria. 1204.02 Definitions. 1204.03 Establishment of Board. 1204.04 Board membership. 1204.05 Meetings and rules. 1204.06 Duties and powers for other than the Historic District and/or historic landmarks. 1204.07 Duties and powers as to the Historic District and historic landmarks. 1204.08 Review procedure in all areas other than Historic Districts and/or historic landmarks. 1204.09 Review procedure for the Historic District and historic landmarks. 1204.10 Submission requirements. 1204. 11 Advice of consultant. 1204. 12 Appeals. 1204. 13 Interpretation. 1204.99 Penalty; equitable remedy. CROSS REFERENCES Board of Zoning Appeals - see P. & Z. Ch. 1224 Temporary building permits - see P. & Z. 1224.18(e) Processing zoning amendments - see P. & Z. 1228.13 Building permit for manufacturing or processing use - see P. &Z. 1262.01 Building permits, fees and deposits - see B. & H. Ch. 1428 1204.01 PURPOSES I ARCHITECTURAL CRITERIA. (a) Generally. The Architectural and Historic Board of Review hereinafter created shall serve to protect and preserve the value, appearance and use of property on which buildings are constructed or altered, to maintain a high character of community develop- ment, to protect the public health, safety, convenience and welfare and to protect real estate within the Municipality from impairment or destruction of value. Such purposes shall be accomplished by the Board by regulating, according to accepted and recognized architectural principles, the design, use of matelials, finished grade lines, dimensions, orientation and location of all main and accessory buildings to be created, moved, altered, remodeled or repaired, subject to the provisions of the Zoning and Building Codes and other applicable ordinances of the Municipality. In reviewing, regulating and approving building plans, the Board shall consider and take cognizance of the development of adjacent, contiguous and neighboring buildings and properties for the purpose c:l. achieving safe, harmonious and integrated development of related properties. When requested, the Board shall act in an advisory capacity to any officer, board or commission of the Municipality. In fulfilling any such request, the Board may require drawings, plans, specifications or studies to be submitted according to the provisions of this chapter for its evaluation and recommendation. 1988 Replacement 4A Architectural and Historic Board c:i. Review 1204.01 (b) Historic Districts and/or Landmarks. Council hereby finds and determines that the establishment of restrictions on the construction, erection, alteration, removal, moving or demolition of buildings and structures in areas of historic significance, and on the alteration, removal, moving or demolition of buildings and structures of historic significance, is vital to the preservation of the educational, cultural, economic and general welfare of the Municipality and of its residents. Council further finds and deter- mines, on the basis of its own observations and knowledge and on the basis of the Vlllage of Hudson Architectural and Historical Study, that the following purposes will be served by the establishment of such restrictions by this chapter: (1) Promotion of the use and preservation of historic buildings, structures and sites which reflect the cultural, social, economic, political or architectural heritage of the Municipality for the education and general welfare of the residents of the Municipality; (2) Protection and enhancement of the attractiveness of the Municipality as it relates to residents, tourists and visitors, serving as a support and stimulant to business, and thereby strengthening the economy of the Municipality and its residents; (3) Stabilization and increase of property values within the Municipality; (4) Compatibility of any and all construction of new improvements and buildings and modifications of existing structures with the historic architectural character of the Municipality; (5) Enhancement of the visual and aesthetic character, diversity and interests of the Municipality; (6) Preservation and further enhancement of civic pride of the residents of the Municipality in the beauty of the Municipality and in the notable accomplish- ments of the past; and (7) Protection of the property rights of owners whose property lies within areas of historic architectural significance. (Ord. 74-43. Passed 3-3-75.) (c) Architectural Criteria Adopted. Council hereby adopts the architectural criteria contained on pages 2 through 23, page 24 exclusive of the paragraphs re- lated to devil strip planting, page 25, page 26 exclusive of the fifth and sixth sentences uf the paragraph entitled "Fences," pages 27 and 28, pages 36 through 46, page 82 exclusive of the paragraph entitled "General," and pages 83 through 89 of the ducument entitled" Uniform Architectural Criteria for the Architectural and Historic Board of Review, Village of Hudson, Ohio, prepared by Chambers and Chambers, Architects, dated April, 1977. (d) Application of Criteria. In carrying out its duties with respect to matters which are submitted to ur come before it pursuant to Section 9.07 of the Charter and Sections 1204.06 through 1204.09, the Board shall be guided, to the extent practical, in the performance of its duties under this chapter, by the architectural criteria contained in subsection (c) hereof. 1988 Replacement 1204.02 PLANNING AND ZONING CODE 4B (e) Application of Historical Architectural Record. In carrying out its duties pur- suant to Section 9.07 of the Charter and subsections (a) and (b) hereof, and In the application, pursuant to Sections 1204.06 through 1204.09, of the architectural criteria designated in subsection (c) hereof, the Board shall give due consideration to the historical architectural record of the Village contained in the Chambers and Chambers study at pages 29 through 33, 47 through 78 and 90, and may give consideration to such other scholarly and historic material as may be appropriate and useful to the ful- fillment of its duties. (0 Consultation with Council. When requested by Council, the Board shall ad- vise and consult with Council concerning construction or improvements authorized or undertaken by Council, which construction or improvements may affect the appearance of the Village and its streets and ways, even when such consultation is not required by the Charter. In the performance of its duties hereunder, the Board shall be guided by the architectural criteria and historical architectural record identified in subsections (c) and (e) hereof. (Ord. 86-60. Passed 12-15-86.) 1204.02 DEFINITIONS. As used in this chapter, unless the context clearly requires otherwise: (a) "Alteration" means any appreciable change In the external architectural features of any structure or building, visible from a public way or from adjoining property. (b) "Applicant" means any person, association, partnership or corporation or other similar entity who or that applies for a building permit in order to undertake any construction, erection, alteration, removal, moving or demolition. (c) "Board" means the Municipality of Hudson Architecb.1ral and Historic Board of Review established under the provisions of this chapter. (d) "Certificate of Appropriateness" means the official document issued by the Architectural and Historic Board of Review approving and/or concurring in any application for a permit for the construction, erection, alteration, removal, moving or demolition of any strucb.1re or building in the Historic District. (e) "Council" means the Council of the Municlpality. 1988 Replacement 5 Architectural and Historic Board of Review 1204.02 (f) "Exterior architectural feature" means the architectural style and general arrangement of the exterior of a structure, including the type and texture of building materials, all windows, doors, lights and signs and other fixtures appurtenant thereto. (g) "Historic and/or architectural significance" means that which has a special historic or aesthetic interest or value as part of the development, heritage or cultural character of the Municipality, region, State or Nation. (h) "Historic District" means the Hudson Historic District as listed in December, 1973, in the National Register of Historic Places, plus those areas containing any land or buildings having notable character or qualities of historic and/or architectural significance as recommended by the Architectural and Historic Board of Review and approved by Council. The Historic District may include structures or other physical improvements on, above or below the surface of the earth. The Hudson Historic District, as listed in the National Register of Historic Places, is described as follows: Beginning at the southeast corner of the lot on the southeast corner of the intersection of College and Streetsboro Streets, thence west along the rear property lines of the lots on the south side of Streetsboro Street to a point approximately 500 feet west of South Main Street, thence north on a line to a point approximately 600 feet north of the midpoint of Owen Brown Street, thence east in a straight line to North Main Street and across the rear property lines of the homes on the north side of Baldwin Street to the mid- point of College Street, thence south to the intersection of the mi<\>oints of College and Aurora Streets, thence northeast along Aurora to the rear property line of the lots on the east side of College Street, thence south along the rear property lines to the point of beginning. In addition, the Hudson Historic District is expanded to include the following areas located within the Village and as recommended to Council by the Ar- chitectural and Historic Board of Review: Beginning at a point on the north corporation Une approximately 400 feet west of the centerline of North Main Street, thence south in a parallelllne to North Main Street, following lot lines where appropriate, approximately 1,750 feet to the centerline of West Prospect Street, thence east to the centerline of North Main Street, thence south approximately 400 feet on North Main Street, thence west along oa side lot line to the rear property lines of the lots on North Main Street, thence south along rear property lines to the rear property lines of the lots on the north side of Owen Brown Street, thence west to Brandywine Creek, thence south along Brandywine Creek to the rear property lines of the lots on the south side of Owen Brown Street, thence east along rear lot lines to the centerline of First street, thence south to the rear property Unes of the lots on the south side of CUnton Street, thence east to the west Une of the Municipal Parking Lot, thence south along that line and the rear lot lines of the businesses to the centerUne of Streetsboro Street, thence west approxi- mately 120 feet, thence south along a property Une approximately 320 feet to the north right-of-way Une of the main Une of the Cleveland and Pitts- burgh Ral1road, thence southeast along the Cleveland and Pittsburgh 1988 Replacement 6A \Jj ( (~ & 6-t ~u.J.,. o~ Architectural and Historic Board of Review 1204.02 Railroad north right-of-way line to the rear property lines of the lots on the east side of South Main Street, thence north along those lines approximately 500 feet, thence east parallel to and approximately 120 feet south of the cen- terline of Maple Drive approximately 1,300 feet to a point which is on the ex- tension of the rear property lines on the east side of South Oviatt Street, thence north following the rear property line extension to the rear property lines of lots on the south side of Streetsboro Street, thence east along rear property lines approximately 150 feet, thence north along side lot lines to the center- line of streetsboro street, thence west approximately 150 feet, thence north along the rear property lines of the lots on the east side of North Oviatt Street to the rear property lines of lots on the south side of Aurora street, thence northeast along the Board of Education north property line to a point approxi- mately 235 feet east of the centerline of Franklin Street, thence northwest along property lines approximately 230 feet, thence northeast along rear lot lines approximately 135 feet, thence northwest along property lines to the centerline of Aurora Street, thence southwest approximately 200 feet, thence northwest about 200 feet along a side lot line, thence southwest about 100 feet along a rear lot line, thence north-northwest about 250 feet along a side lot line to the centerline of Hudson Street, thence west about 350 feet, thence northerly about 250 feet along a side lot line, thence north-northwest about 960 feet to the northeast corner of the most northerly lot on the east side of College Street, thence west to the centerline of North Main Street, thence north to the corporation line, and thence west along the corporation Une to the point of beginning. (Ord. 78-18. Passed 6-5-78.) (i) "Historic landmark" means any individual building or structure determined by the Architectural and Historic Board of Review and approved by Council as historically and/or architectu rally significant. (j) "Municipality" means the Municipality of Hudson as now or hereafter constituted. (k) " (I) "Owner means as the singular. (Ord. 74-43. Passed 3-3-75.) 1982 Replacement 7 Architectural and Historic Board of Review 1204.05 1204.03 ESTABLISHMENT OF BOARD. There is hereby established an Architectural and Historic Board of Review, herein- after and hereinbefore referred to as the Board, with the powers and duties as hereinafter . set forth. (Ord. 74-43. Passed 3-3-75.) 1204.04 BOARD MEMBERSHIP. The Board shaH consist of seven members appointed by Council. Each member shall have been a resident of the Municipality for the two years next preceding his appolntment, except that each member who is a registered architect need only have been a resident of. the Municipality for the six months next preceding his appointment. Such members shall hold no other publlc office in the Municipality. Members shall be appointed for three-year terms to serve without compensation. Members may succeed themselves. Of the seven members, the Board shan designate three who shaH constitute a subcom- mittee whose concern shall be the Historic District and/or historic landmarks. In addition, the Board may appoint such committees, ad hoc or standing, as may be appropriate to the conduct ofHs business. (Ord.78-18. Passed 6-5-78.) 1204.05 MEETINGS AND RULES. (n) The Architectural and Historic Board of Review shall meet on the first Mon- day in January of each year that is not a legal holiday and shall elect one of its mem- bers as Chairman, a second member as Vice-Chairman and a third member as Secretary. The Board shall hold such meetings, not less than one in any calendar month, as it may determine. The elected Chairman, and in his absence the Vice-Chairman, shall be responsible for the proper administration of the Board's work and the elected Secretary shall keep. or cause to be kept, in the Village Offices, a complete and accurate record of all meetings and proceedings of the Board. (b) All meetings of the Board shall be open to the public and four members there- of shall constitute a quorum. A majority vote of the members present shall be re- quired to take action. In order to better carry out the provisions of this chapter, the Board by formal motion shall adopt rules for the conduct of its business. (c) Prior to October 1, 1986, Council shall adopt uniform architectural criteria for application to all matters submitted to the Architectural and Historic Board of Review. Appendices, amendments or supplements to the uniform architectural criteria may be initiated by recommendation of the Board to Council for adoption or by reso- lution of Council therefor. When initiated by Council, Council shall, upon adoption of such a resolution, certify the proposed appendix, amendment or supplement to the Board for review and recommendation prior to adoption. The Board may, at any time, recommend to Council for consideration any appendix, amendment or supplement it deems appropriate. 1 ORA ~anln...ama"+ 1204.06 PLANNING AND ZONING CODE 8 P nor to July 1, 1989. and each three years thereafter. the Board shall study and review the unifurm architectural criteria in light uf circumstances then existing and may recommend to Council addenda, amendments or updating, if any, which the Board deems apprupriate. If the Buard determines that nu addenda. amendments ur updating is apprupriate ur necessary. it shall report this fact to Council. (Ord. 86-6. Passed 4-7-86.) 1204.06 u OJ' 0 ..l U "U' I n I L J I ~SL ~~~.zl . . ...... -- LL ... r ........ .11_ . ~ . I ~__: . ~ - . ::: ~1~ =: ~-~~: ~ ~- - ~ -~ ~ " (Ord. 74-43. Passed 3-3-75.) 1204.07 DUTIES AND POWERS AS TO THE HISTORIC DISTRICT AND HISTORIC LANDMARKS. When Historic Districts and/or landmarks are involved, the Architectural and Historic Board of Review, through its subcommittee, shall have the following duties and powers: (a) To recommend to Council the geographic boondaries of additions to or changes in the Historic District, and to recommend those buildings and structures which should be designated historic landmarks. Such District and landmarks shall be defined by the Board in light of the following considerations to be fully discussed in a report to be submitted to Council with the Board's recommendations: (The following analyses may be actually made by the Board, or they may be made by others subject to acceptance and endorsement by the Board.) 1 qRR RpolR('ement SA Architectural and Historic Board of Review 1204.07 (1) An analysis of existing structures by period of construction, special historic importance, architectural style, condition, present use, assessed valuation and other matters relating to planning or regulating future develop- ment, such as location on lots, location of yards and other open spaces, access to interior of the block, and off-street parking. This analysis shall include an identification of individual structures and premises of substantial public interest, with maps, photographs and other data indicating the particular features desired to be preserved. The analysis shall also include an identification of existing structures, premises and uses likely to have an adverse effect on the desired character of the District, including those in and those near and visually related to the District, with maps, photographs and other data indicating the reasons for Ruch classification. (2) An analysis of lands not occupied by structures, including lands in and lands near and visually related to the District. The boundaries of. such District shall include both sides of streets and shall divide the District from the other portion of the Municipality at rear lot lines where possible. The boundaries of such District and the list of historic landmarks shall be presented to Council for approval. Upon approval by Council, the boundaries of any such District and any such historic landmarks shall be clearly de- signated on the official Zoning Map of the Municipality on file in the office of the Clerk of Council. (b) To issue Certificates of Appropriateness prior to the issuance of any building permit or other permit pertaining to the construction, erection, alteration, removal, moving or demolition of any structure in the Historic District, or the alteration, removal, moving or demolition of any historic landmark; (c) To advise the Municipal Planning Commission, Council, the Building Inspector, other public agencies and property owners in matters involving structures and areas of historic and/or architectural significance, and, further, to assemble and make available information pertaining to funds, from both public and private sources, available for restoration, alteration and preservation; (d) To propose from time to time to the Municipal Planning Commission and Council the establishment or disestablishment of structures and/or areas for historic preservation under the provisions of this chapter; and (e) To make recommendations concerning the establishment of. an appropriate system of markers for historic structures and areas, to advise owners or residents of historically and/or architecturally significant structures or areas on problems and techniques, and resources for, historic preservations, to make recom- mendations, concerning the preparation of maps, brochures and descriptive material about the Municipality's structures and areas of historic and/or architectural significance, and promote the public interest in the foregoing purposes by carrying on a public relations program. (Ord. 74-43. Passed 3-3-75.) 1982 Replacement 'Ill lAl Co 6~ H-~ 0'-<1. 1204.08 PLANNING AND ZONING CODE 8B 1204.08 REVIEW PROCEDURE IN ALL AREAS OTHER THAN HISTORIC DISTRICTS AND/OR HISTORIC LANDMARKS. (a) No residential, commercial or industrial building permit shall be issued unless the applicant establishes for the Architectural and Historic Board of Review that: (1) The applicant has complied with Sections 1204.06 and 1204.10 and the proposed structure is in compliance with subsection (b) hereof; (2) The exterior architectural character and functional plan of the proposed structure, when erected, will not be at such variance with existing struc- tures, or structures currently being built, in the immediate neighborhood or zoning district as to cause substantial depreciation in the property values of such existing structures or structures currently being built; (3) The site utilization and ortentation ot the proposed structure is reasonably integrated with existing roads, drives, vehicular traffic patterns and pedestrian walkways abutting the property upon which the proposed struc- ture is to be built; and (4) The proposed structure does not violate the "look-alike" provisions of subsection (b) hereof. 1204.09 REVIEW PROCEDURE FOR THE HISTORIC DISTRICT AND HISTORIC LANDMARKS. (a) No building permit for the construction, erection, alteration, removal, moving or demolition of any structure or building in the Historic District, or for the alteration, removal, moving or demolltion of any historic landmark, shall be issued where such ac- tion will affect the exterior architectural feabJres of any such structure or building, un- less and until a Certificate of Appropriateness has been issued by the Architectural and Historic Board of Review. Upon appllcatlon for a building permit with respect to any structure or building in the above categories, the Superintendent of Building Inspection 1982 Replacement 8C Architectural and Historic Board of Review 1204.09 shall submit such application, together with the related plans and specifications, within five days of receipt thereof, to the Board for referral to the Historic District Subcommittee at its next regular meeting. (b) At the first regular or special meeting of the Board after receipt by the Subcom- mittee of the building permit application and related materials for any such proposed con- struction, erection, alteration, removal, moving or demolition, the Subcommittee shall report its recommendation and the Board shall consider the application and detennine whethe or not to approve the same. If approved, the Board shall submit, within thirty days, a Certificate of Appropriateness to the Superintendent of Building Inspection to authorize is- suance of a pennit for the requested construction, erection, alteration, removal, moving or demolition. (c) If the Board fails to approve the application at such meeting, it shall give notice of a public hearing to be held within twenty-five days from the date of such meeting to consider such application. However, the applicant may waive this time requirement and consent to an extension of such time period. Such notice shall be published once in a newspaper having general circulation within the Municipality and shall be published not less than ten days prior to such hearing. The applicant shall be advised of the time and place of such hearing by a notice sent by certified mail addressed to him or her at the address set forth in such ap- plication, such notice to be mailed not less than five days prior to such hearing. The Board may invite such other persons or groups as it desires to attend the meeting. The Board shall meet and act with all reasonable dispatch. (d) In determining whether or not a Certificate of Appropriateness shall be issued, the Board shall consider whether the proposed change will affect adversely or destroy any sig- nificant historic or architectural feature of the structure, whether it is inappropriate or in- consistent with the spirit and purpose of this chapter and whether it will affect adversely or destroy the general historic and architectural significance of the District. The Board shall also examine any other considerations specifically listed and adopted by Council. With re- spect to any proposed demolition, the Board shall determine whether or not preservation is economically feasible for the applicant, and shall issue a Certificate of Appropriateness if the denial of such Certificate would result in practical difficulty or unnecessary hardship that would deprive the applicant of the reasonable use of the land or building involved. If, at the next regular meeting of the Board after public hearing, the Board recommends that the Certificate of Appropriateness not be issued, it shall advise the applicant of any changes which would secure the approval of the Board and shall withhold denial of the Certifi- cate of Appropriateness for a period not to exceed twenty days In order that the applicant may adopt such proposed changes. (e) After the hearing provided for above, and after the subsequent alterations, if any, In the plans and/or specifications as provided, the Board shall submit, in writing, its rec- ommendations to the Superintendent of Building Inspection, and if then approved, issue the Certificate of Appropriateness to authorize a permit for the construction, erection, altera- tion, removal, moving or demolition. The written report shall include the location of the 1982 Replacement 1204.10 PLANNING AND ZONING CODE 8D proposed work, the exterior changes contemplated, the findings of the Board and/or the recommendatlons of the Board as.to the grant or refusal of the Certificate of Appropriate- ness. The Board shall make its report within thirty days after the public hearing; other- wise the application for the permit shall be deemed to have been approved and the favor- able Certificate of Appropriateness shall be issued by the Board, provided, however, that the applicant may waive this requirement and consent to an extension of such period. (f) Denial by the Board of a Certificate of Appropriateness may be appealed by the applicant to the Board of Zoning and Building Appeals in accordance with Section 1204.12. (Ord. 78-18. Passed 6-5-78.) 1204.10 SUBMISSION REQUIREMENTS. Every building permit application for a structure to be built or remodeled in the Muni- cipality shall be approved by the Superintendent of Building Inspection in the Department of Service of the Municipality and the Architectural and Historic Board of Review. J.~ . . - II (a) ~ _~<>u ~~'I ~ ..... I ~ ~~ I -: r ..- . r~ d ~U. r nr - -. ~ ... 1- -,~~.~ut> -- . ~ 1 n addition, locations and names of adjacent streets, a north arrow, the first floor level and existing and finished grade ele- vations at each corner of new constructions and at each comer of the site shall be indicated. (b) ~ .. -- - - -, E- - -J. - - - ___1 All elevations shall~be d~a.!m to the same scale, which shall be not less than one-quarter of an inch to the foot, except that the front elevation may be drawn to a larger scale. Each elevation shall show the accurate location of windows, doors, shutters, chimneys, porches and other architectural featUres, all materials and finishes, and an accurate fin- ish grade line. (c) t-. ~ l~~ . -. ... .. . . - , -. 1982 Replacement 8E Architectural and Historic Board of Review 1204.99 (g) There shall be a completed impact statement on such form as provided by the Architectural and Historic Board of Review. (Ord. 78-18. Passed 6-5-78.) 1204.11 ADVICE OF CONSULTANT. When requested by official action of the Architectural and Historic Board of Review, the Village Manager is hereby authorized and directed to employ a qualified, licensed architect to consult with and assist the Board on any and all matters set forth in this chapter. If the Historic District and/or historic landmarks are involved, such architect shall be a qualified restoration architect as identified in Section 1204.05. Such con- sultation and assistance shall be strictly advisory and the Board wlll not be bound by the architect's recommendations or opinion, except for such approvals as provided in Section 1204.05. (Ord. 74-43. Passed 3-3-75.) 1204.12 APPEALS. An appeal to the Board of Zoning and Building Appeals may be taken by any person aggrieved, or by any officer of the Municipality affected, by any decision of the Architectural and Historic Board of Review. Such appeal shall be taken within twenty days after the decision has been filed with the Building Inspector, by filing with the Inspector and with the Board of Zoning and Building Appeals, a notice of appeal specify- ing the grounds therefor. The Building Inspector shall forthwith transmit to the Board of Zoning and Bullding Appeals all papers constituting the record upon which the action appealed was taken. The authority, duties and proceedings of the Board of Zoning and Building Appeals shall be such as are prescribed in the Zoning Code. (Ord. 74-43. Passed 3-3-75.) 1204.13 INTERPRETATION. Unless otherwise specifically stated herein, it is not intended that this chapter repeal, abrogate, annul or in any way impair or interfere with any existing provision of law or ordinance or any rule or regulation previously adopted or issued or which shall be adopted or issued pursuant to the law relating to the use of buildings or premises, provided, how- ever, that where this chapter imposes a greater restriction upon the use of buildings or premises than is imposed or required by such regulations, this chapter shall control. This chapter is to be construed liberally to secure the beneficial interests and purposes thereof. (Ord. 74-43. Passed 3-3-75.) 1204.99 PENALTY; EQUITABLE REMEDY. Whoever violates or fails to comply with any of the provisions of this chapter shall be fined not less than ten dollars ($10.00) nor more than five hlUldred dollars ($500.00) for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompllance occurs or continues. Notwithstanding the foregoing penalty provision, the Municipality shall have the authority to institute appropriate proceedings to prevent the continued violation of this chapter. (Ord. 74-43. Passed 3-3-75.) 1 nnn T'"Io