[Ord. No. 96-2, § VII A., 1-22-1996; Ord. No. 07-02, § 1, 2-12-2007; 8-28-2023 by Ord. No. 23-08]
Any application for a permit from the Building Inspector involving the exterior of a designated landmark or a designated structure within an historic district shall be filed with the Historic Preservation Commission.
An owner, lessee, or person in charge of a designated landmark who applies for a permit to alter or demolish a designated landmark or a property in a historic district must first receive a certificate of appropriateness from the Commission prior to being issued a building permit by the City of Lake Geneva Building Inspector, pursuant to the following procedures:
(1) 
Application. Applications for certificate of appropriateness shall be submitted to the Commission with supporting materials such as drawings, plans, renderings, elevations, or descriptions of proposed work necessary for Commission to adequately review the proposed alterations against the standards in Sec. 34-62.
(2) 
Deadline for submission. Application and supporting materials must be submitted no less than 10 days prior to the Commission's regularly scheduled monthly meeting.
(3) 
Review of application. Review of the application for certificate of appropriateness will be held at the Commission's monthly meeting.
(4) 
Issuance of certificate. If after review, the Commission grants a certificate of appropriateness to the applicant, a written certificate shall be issued and mailed to the applicant within three business days.
(5) 
Certificate does not relieve applicant from other permit and approval requirements. Issuance of a certificate of appropriateness shall not relieve the applicant from obtaining other permits and approvals required by the City. A building permit or other municipal permits shall be invalid if it is obtained without the presentation of the certificate required for the proposed work.
(6) 
Denial; written notice; alternatives for applicant. If after review, the Commission denies the certificate of appropriateness, a written notice of denial and reasons for denial shall be mailed to the applicant within three business days. The Commission shall assist the applicant by recommending acceptable alternatives that would qualify for a certificate of appropriateness.
(7) 
Ordinary maintenance and repairs. Ordinary maintenance and repairs may be undertaken without a certificate of appropriateness, provided that the work involves repairs to existing features of a landmark structure or site or the replacement of elements of a structure with pieces identical in appearance and provided that the work does not change the exterior appearance of the structure or site and does not require the issuance of a building permit.
(8) 
Appeal. Any decision of the Commission may be appealed to the City Council through the following procedures:
a. 
If 30 days after the Commission denies a certificate of appropriateness, no satisfactory resolution has been reached between the Commission and the applicant, the applicant may, within an additional 30 days thereafter, appeal to the City Council of Lake Geneva from the Commission's decision by written request, specifying the grounds for the appeal.
b. 
After a public hearing the City Council of Lake Geneva may reverse or modify the decision of the Commission if, after balancing the interests of the public and the preservation of the subject property and interest of the owner, the City Council finds that owing to unique conditions pertaining to the specific piece of property, failure to grant the certificate of appropriateness will cause serious hardship to the owner. Any such decision will be by majority of Council members present.
[Ord. No. 96-2, § VII B., 1-22-1996; 8-28-2023 by Ord. No. 23-08]
(a) 
Upon filing of any application for a certificate of appropriateness with the Commission, the Commission shall approve the application if the following criteria are met:
(1) 
For designated landmarks, the proposed changes would not destroy or adversely affect any exterior feature of the structure or site, visible to a street.
(2) 
For the construction of a new improvement upon a landmark site or within a historic district, the exterior of such improvement, visible from a street, would harmonize with the external appearances of neighboring improvements.
(3) 
The historic building or structure is not of such architectural or historical significance that its demolition would be detrimental to the public interest and/or contrary to the general welfare of the people of the City of Lake Geneva and the state.
(4) 
For the demolition of a deteriorated building or structure, any economic hardship or difficulty claimed by the owner was not self-created or the result of any failure to maintain the property in good repair.
(b) 
In addition to the criteria of Subsection (a) of this section, the Commission may consider and give decisive weight to any of the following standards:
(1) 
The use of the property shall require minimal change in the defining characteristics of the building and its site and environment.
(2) 
The historic character of a property shall be retained and preserved. The removal of historic materials or alterations of features and spaces that characterize a property shall be avoided.
(3) 
Each property shall be recognized as a physical record of its time, place and use. Changes that create a false sense of historic development, such as adding conjectural features or architectural elements from other buildings, shall be avoided.
(4) 
Properties change over time. Those changes which have acquired historic significance in their own right shall be retained and preserved.
(5) 
Distinctive features, finishes and construction techniques or example of craftsmanship that characterize a property shall be preserved.
(6) 
Deteriorated historic features shall be repaired rather than replaced whenever practicable. Where the severity of deterioration requires replacement of distinctive features, the new feature shall match the old design, color, texture and other visual qualities and where possible, materials. Replacement of missing features shall be substantiated by documentary, physical or pictorial evidence.
(7) 
Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.
(8) 
Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.
(9) 
Additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale and architectural features to protect the historic integrity of the property and its environment. However, for restoration, reconstruction or exterior alteration of structures of unusual or uncommon design and of materials and/or textures that cannot be reproduced without great difficulty and/or expense, appropriate alternative design, materials and/or texture may be authorized.
(10) 
New additions and adjacent or related new construction shall be undertaken in such manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.