It is hereby declared a matter of public policy that the protection,
enhancement, perpetuation and use of improvements or sites of special
character or special architectural or historic interest or value is
a public necessity and is required in the interest of the health,
prosperity, safety and welfare of the people. The purpose of this
chapter is to:
A. Effect and accomplish the protection, enhancement, and perpetuation
of such improvements, sites and districts which represent or reflect
elements of the Village's cultural, social, economic, political
and architectural history.
B. Safeguard the Village's historic and cultural heritage, as embodied
and reflected in such historic structures, sites and districts.
C. Foster civic pride in the notable accomplishments of the past.
D. Stabilize and improve property values.
E. Protect and enhance the Village's attractions to residents,
tourists and visitors, and serve as a support and stimulus to business
and industry.
F. Improve and enhance the visual and aesthetic character of the Village.
G. Educate the public regarding the need and desirability of a Village
historic preservation program and its enhancement of the quality of
life.
The definitions shall be as follows:
CERTIFICATE OF APPROPRIATENESS
The certificate issued by the Commission approving alteration,
rehabilitation, construction, reconstruction or demolition of a historic
structure, historic site or any improvement in a historic district.
COMMISSION
The Historic Preservation Commission created under this chapter.
HISTORIC DISTRICT
An area designated by the Village Board on recommendation
of the Commission, that contains two or more historic improvements
or sites, as well as those abutting improvement parcels which the
Commission recommends should fall under the provisions of this chapter
to assure that their appearance and development is harmonious with
such historic structures or historic sites.
HISTORIC SITE
Any parcel of land of historic significance due to a substantial
value in tracing the history or prehistory of man, or upon which a
historic event has occurred, and which has been designated by the
Village Board on recommendation of the Commission as a historic site
under this chapter, or an improvement parcel, or part thereof, on
which is situated a historic structure and any abutting improvement
parcel, or part thereof, used as and constituting part of the premises
on which the historic structure is situated.
HISTORIC STRUCTURE
Any improvement which has a special character or special
historic interest or value as part of the development, heritage or
cultural characteristics of the Village, state or nation and which
has been designated by the Village Board on recommendation of the
Commission as a historic structure pursuant to the provisions of this
chapter.
IMPROVEMENT
Any building, structure, place, work of art or other object
constituting a physical betterment of real property, or any part of
such betterment, including streets, alleys, sidewalks, curbs, lighting
fixtures, signs and the like.
IMPROVEMENT PARCEL
The unit of property which includes a physical betterment
constituting an improvement and the land embracing the site thereof,
and is treated as a single entity for the purpose of levying real
estate taxes. Provided, however, that the term "improvement parcel"
shall also include any unimproved area of land which is treated as
a single entity for such tax purposes.
A Historic Preservation Commission is hereby created, consisting
of three members. All members must own real estate in the Village
and reside within the Village. Of the membership, if available in
the community; one shall be a member of a historical society; one
shall be a Village Trustee; and one shall be a citizen member. Each
member shall have, to the highest extent practicable, a known interest
in historic preservation. The Village President shall appoint the
Commissioners subject to confirmation by the Village Board. Of the
initial members so appointed, one shall serve a term of one year,
one shall serve a term of two years, and one shall serve a term of
three years. Thereafter, the term for each member shall be three years.
No building permit shall be issued by the Building Inspector
for alteration, construction, demolition, or removal of a nominated
historic structure, historic site, or any property or structure within
a nominated historic district from the date of the meeting of the
Historic Preservation Commission at which a nomination form is first
presented until the final disposition of the nomination by the Historic
Preservation Commission or the Village Board unless such alteration,
removal or demolition is authorized by formal resolution of the Village
Board as necessary for public health, welfare or safety. In no event
shall the delay be for more than 180 days.
Any person or persons violating any provision of this chapter,
or any rule or regulation adopted or issued in pursuance thereof,
or any provision of any code adopted herein by reference shall, upon
conviction, be subject to a forfeiture of not less than $5 or more
than $200 and the costs of prosecution for such violation. Each and
every day during which a violation continues shall be deemed to be
a separate offense. Notice of violations shall be issued by the Building
Inspector. If the violations remain uncorrected after the time specified
in the notice, the Village may, at its election, impose fines and/or
have the violations corrected at Village expense and have a lien placed
against the property equal to the cost of the repairs, plus applicable
fines and administrative costs.
In any case where the Building Inspector determines that there
are emergency conditions dangerous to life, health or property affecting
a historic structure, site or a property in a historic district, the
Building Inspector may order the remedying of these conditions without
the approval of the Commission. The Building Inspector shall promptly
notify the Commission of the action being taken. When the emergency
conditions do not require demolition, the Building Inspector shall
make every effort to carry out the intent of this chapter and to use
the design guidelines of the Commission when remedying the emergency
conditions.