(A)   The purpose of this section is to preserve and protect the historic character of the entire National Historic Landmark District in the village, and any subsequently designated local historic district(s), identified landmarks, pivotal buildings, historic sites and contributing buildings; as well as landmark and historic sites that may be located in or outside of the National Historic Landmark District. The existing National Historic Landmark District includes that portion of Glendale which is the Glendale Historic District listed in the National Register on July 20, 1976 and designated as a National Historic Landmark on May 5, 1977. In order to preserve and protect the historic character of existing and future historic districts and landmarks, both in or outside of the Historic District, the regulations of this section are imposed in addition to those of the other zoning regulations.

   (B)   The character of the village is directly linked to the economic, social, historical and cultural health and well being of the community. This section, therefore, establishes procedures to maintain the historic character of the village and obtain the following objectives:

      (1)   To maintain and enhance the distinctive village plan and pattern of development and the character of historic districts and landmarks in the village.

      (2)   To safeguard the architectural integrity of the village's pivotal buildings and contributing buildings within the historic district(s).

      (3)   To safeguard the heritage of the village by preserving sites, buildings, objects, landscapes and works of art that reflect elements of the village's cultural, social, economic, political or architectural heritage.

      (4)   To seek alternatives to demolition or incompatible alterations within the historic district(s), and to landmarks, pivotal buildings and contributing buildings before such acts are performed.

      (5)   To afford the widest possible scope of continuing vitality through private renewal and architectural creativity within appropriate controls and standards.

      (6)   To encourage the use or appropriate development of vacant properties in accordance with the character of the historic district(s), landmarks and pivotal building.

      (7)   To combat urban blight caused by neglect of aging buildings, sites and districts and their setting.

      (8)   To encourage investment in historic resources and strengthening of the village's economy.

      (9)   To enhance the environmental and aesthetic quality of the village.

      (10)   To stabilize and improve property values.

      (11)   To promote preservation and continued use of pivotal public buildings such as school, railroad depot, town hall, police station and others.

      (12)   To protect public health, safety, prosperity, and welfare.

   (C)   It is the further intent of this section to discourage the construction of major new buildings on lots containing pivotal buildings and the subdivision of lots containing pivotal buildings for the construction of new buildings in close proximity to any pivotal buildings.

(Ord. 1993-52, passed 11-4-93; Am. Ord. 2001-40, passed 4-1-02; Am. Ord. 2004-09, passed 6-7-04)

   The following definitions shall apply to this section of the zoning ordinance and are in addition to the definitions found in § 154.03 of this chapter.

   ADDITION. Any act or process that changes one or more of the exterior architectural features of a building or structure and increases the floor area of the building or structure.

   ALTER or ALTERATION. Any act or process that changes one or more of the currently existing exterior architectural features of any building or structure or that results in any change to an archaeological feature of the premises, including a change or rearrangement in the structural parts or an addition, whether by extending a side or by increasing height. Alteration shall include a change in design, material or exterior architectural feature, but shall not include ordinary maintenance to correct any deterioration or damage to a structure or to restore the structure to its condition prior to such deterioration or damage provided such work does not involve a change in design, material or currently existing exterior architectural feature.

   CERTIFICATE OF APPROPRIATENESS. A document issued by the Planning and Historic Preservation Commission (hereinafter referred to as GPHPC), as prescribed by §154.46(B), signifying that the proposed construction, reconstruction, alteration, demolition, or removal of a structure subject to the provisions of this section and within an historic district or the subdivision of a lot containing a landmark or pivotal building has been reviewed and found to be in compliance with these regulations.

   CHANGE. Any alteration, demolition, removal, construction or reconstruction involving any property subject to the provisions of this section.

   EXTERIOR ARCHITECTURAL FEATURE. A function or decorative element of a building including, but not limited to doors, windows, shutters, cornices, chimneys, latticework, walls, roofs, eaves, porches, gutters, downspouts, stair rails and similar features.

   HISTORIC DISTRICT. An area designated as such pursuant to § 154.45 so as to maintain the historic character and integrity of pivotal and contributing buildings.

   HISTORIC SITE. A premises that contains something of archaeological or historical significance, may or may not include a pivotal or contributing building, or be wholly within an historic district, and is designated by the procedures in § 154.45. An historic site may comprise one or more properties.

   LANDMARK. Any building, structure, site or object that is at least 50 years old and has special character or special historical or aesthetic value as part of the development, heritage or cultural characteristics of the village or the United States and which has been designated as a landmark pursuant to the provisions of § 154.45, provided, however, that the term landmark may also include the premises, or part thereof, on which the landmark is situated.

   MAINTENANCE. Ordinary repairs and refurbishing to correct any deterioration or damage to a structure or to restore the structure to its condition prior to such deterioration or damage provided such work does not involve a change in design, material or exterior architectural feature. Maintenance of a structure includes, but is not limited to, normal procedures to keep the structure in good condition. Maintenance includes cleaning, painting, patching, tuck-pointing, replacing of a worn part with a new one of the same material and design.

   NATIONAL HISTORIC LANDMARK. A site, building, or object in private or public ownership, judged by the Secretary of the Interior to possess national significance in American history, architecture, archeology, or culture.

   NON-CONTRIBUTING BUILDING. A building that does not contribute to the distinctive character of an historic district. Typically constructed after most of the buildings in an historic district were built, NON-CONTRIBUTING BUILDINGS are usually of a different character than the contributing buildings due to their age and the difference in their scale, massing, material, and detailing. All buildings not identified as landmarks (§ 154.45(J)), pivotal (§ 154.45(K)) or contributing (§ 154.45(M)) within an historic district are considered to be non-contributing buildings.

   PIVOTAL BUILDING. Any building that is designated as a pivotal structure pursuant to § 154.45, which was built prior to 1900 and which is representative of the original development of Glendale and therefore of higher architectural and historical significance.

   PRESERVE or PRESERVATION. The process, including maintenance, of treating an existing building to arrest or slow further deterioration, stabilize the landmark and provide structural safety without changing or adversely affecting the character or appearance of the landmark.

   RECONSTRUCTION. The reproducing by new construction of the exact form and detail of a vanished structure, or a part thereof, as it appeared at a specific period of time, as detailed in the Secretary of the Interior's Guidelines.

   REMOVAL. Any relocation of a pivotal or contributing building on its premises or to another premises.

   The Glendale Planning and Historic Preservation Commission shall serve as the official Historic Preservation Commission for the village. The membership of the Commission and its responsibilities are outlined in Chapter 32 of the village code.

(Ord. 1993-52, passed 11-4-93; Am. Ord. 2001-40, passed 4-1-02)

   The powers and duties of the Glendale Planning and Historic Preservation Commission relative to historic preservation are outlined in § 32.55 of Chapter 32 of the village code.

(Ord. 1993-52, passed 11-4-93; Am. Ord. 2001-40, passed 4-1-02)

   (A)   General.  The Village Council may, from time to time, designate specific properties as landmarks, pivotal buildings, historic sites, contributing buildings or portions of the village as historic districts. Upon designation by the Village Council of any historic district, landmark, pivotal building, historic site or contributing building, said designation shall be numbered and listed in this section. In order to ensure that the intent of proposed designations are met during the review process, any historic district, landmark, pivotal building, historic site or contributing building for which an application has been received or proposed by the Village Council in accordance with division (B) of this section shall be considered temporarily adopted during the review process for up to a maximum of 180 days or until approved or rejected, whichever is earlier. Otherwise such designations shall occur after receiving recommendations from the Glendale Planning and Historic Preservation Commission (GPHPC) and shall follow the procedures of divisions (C) and (D) of this section.

   (B)   Applications.

      (1)   An application, to designate a portion of the village as an historic district shall be initiated by 51% of the property owners of the proposed district or by the Village Council.

      (2)   An application to designate a property as a landmark, pivotal building, historic site or contributing building shall be initiated by the owners of the property or by the Village Council.

   (C)   Review of application.

      (1)   Any application to designate an historic district, a landmark, pivotal building, historic site or contributing building shall be referred to the GPHPC for review and recommendation. GPHPC shall complete and make its recommendations to the Village Council within 60 days after referral. Upon request by the GPHPC, the Village Council may grant an extension of one additional 30-day period for review of the application. Should no recommendation be rendered by the GPHPC within the aforesaid approved time frame, the application shall be considered approved and forwarded to Village Council.

      (2)   After the receipt of the GPHPC's recommendation, or should no recommendation be rendered by the GPHPC within the allotted time frame, the Village Council shall convene a public hearing within 60 days of receipt and shall notify property owners of the proposed historic district, landmark, pivotal building, historic site or contributing building by certified mail at least 30 days prior to holding the public hearing to consider such designation. Applications for contributing buildings, when including 25 or more applications, may waive the certified mail notice and instead advertise via legal notice published in a newspaper of general circulation at least 30 days in advance. All hearing(s) under this division (C)(2) shall be published at least 15 days in advance of such hearing, in a newspaper of general circulation in the village.

   (D)   Decision of the Council. Within 30 days following such hearing, the Village Council shall take action on the designation by approving or disapproving the application.

   (E)   Criteria. In acting on such designation, the Village Council shall consider the recommendations of the GPHPC, the public hearing and the following criteria of the property.

      (1)   Its character, interest or value as part of the development, heritage or cultural characteristics of the village, the state or the United States.

      (2)   Its association with a significant historic event.

      (3)   Its identification with a person or persons who significantly contributed to the culture and development of the village.

      (4)   Its exemplification of the cultural, economic, social or historic heritage of the village.

      (5)   Its embodiment of distinguishing characteristics of an architectural type or specimen.

      (6)   Its identification as the work of an architect or master builder whose work has influenced the development of the village.

      (7)   Its embodiment of elements of architectural design, detail, materials or craftsmanship which represent a significant architectural innovation.

      (8)   Its relationship to other distinctive areas which are eligible for preservation according to a plan based on an historic, cultural or architectural motif.

      (9)   Its unique location or singular physical characteristic representing an established and familiar visual feature of a neighborhood or the village.

      (10)   It has yielded, or is likely to yield information important to historic understanding.

   (F)   Zoning District Map. Upon the designation of a historic district, landmark, pivotal building, historic site or contributing building by ordinance, the zoning district map of the village shall be revised by the village to indicate by an appropriate symbol or device that the parcel so marked is subject to the listed designation, and the Clerk of the Council shall send a certified copy of the ordinance by registered mail to the owner(s) of record.

   (G)   Limitations. The Village Council may designate historic districts, landmarks, pivotal buildings, historic sites or contributing buildings without limitation as to number or period when designation proceeds from an application for the same.

   (H)   Lists. Any area, building, structure, premises, etc. that is designated as an historic district, landmark, pivotal building, historic site or contributing building shall be numbered and listed on the appropriate list:

      (1)   Historic districts;

      (2)   Landmarks;

      (3)   Pivotal building;

      (4)   Historic sites;

      (5)   Contributing building.

   (I)   Historic districts.

      (1)   Glendale Historic District.

   (J)   Landmarks.  

 

 

   (K)   Pivotal buildings.

 

   (L)   Historic sites. (reserved)

   (M)   Contributing buildings.

 

(Ord. 1993-52, passed 11-4-93; Am. Ord. 2001-40, passed 4-1-02; Am. Ord. 2004-10, passed 6-7-04; Am. Ord. 2004-12, passed 9-7-04; Am. Ord. 2004-15, passed 6-15-05; Am. Ord. 2009-13, passed 4-6-09; Am. Ord. 2010-32, passed 9-3-10; Am. Ord. 2016-50, passed 11-7-16)

   (A)   Limitations on issuance of building and demolition permits. No construction, reconstruction, addition, demolition or removal of any building or significant exterior architectural feature thereof to any pivotal building, contributing building, non-contributing building, or any other structure within an historic district over 150 square feet in floor area; as well as listed landmarks or historic sites in or outside of an historic district shall be undertaken prior to obtaining a certificate of appropriateness from the Glendale Planning and Historic Preservation Commission (GPHPC) and a zoning certificate from the Zoning Administrator, if applicable. No zoning certificate shall be issued by the Zoning Administrator for the construction, addition, demolition or removal of a listed pivotal building, contributing building or non-contributing building; as well as landmark and historic sites in or outside of an historic district, except in cases falling within the exclusion set forth in this section, unless the application for such permit is approved by the GPHPC through the issuance of a certificate of appropriateness in the manner prescribed herein.

   (B)   Certificate of appropriateness.

      (1)   Applicability.

         (a)   When the owner of a pivotal building, contributing building or non-contributing building; as well as landmark or historic site in or outside of an historic district intends to construct, reconstruct, alter or demolish any exterior architectural feature of such building or an accessory building exceeding 150 square feet in floor area located on the same lot as the landmark, pivotal contributing or non-contributing building, unless said building is designated as an historic site, or when the owner of a pivotal building intends to subdivide the lot containing the pivotal building they shall first apply for and secure a certificate of appropriateness. A certificate of appropriateness is required for any exterior change to the building or its property, as otherwise regulated by this section.

            1.   The GPHPC shall follow the design requirements as they appear in these ordinances. In addition, the Historic Preservation Guidelines approved by the Village Council on May 3, 2004, along with subsequent revisions, shall be a guide to the GPHPC in its determination of appropriateness.

            2.   The application for a certificate of appropriateness shall be filed with the Village Zoning Administrator with such plans, specifications, and other materials as the village requires.

         (b)   When the owner of a pivotal building or contributing building; as well as landmark or historic site in or outside of an historic district intends to construct, reconstruct, alter or demolish any exterior architectural feature of such building or accessory building exceeding 150 square feet in floor area, the GPHPC shall follow the design requirements as outlined in divisions (C), (D) and (E) of this section. In addition, the Historic Preservation Guidelines approved by the Village Council on May 3, 2004, along with subsequent revisions, shall be a guide to GPHPC in its determination of appropriateness.

         (c)   When the owner of a non-contributing building within an historic district intends to construct, reconstruct or alter any exterior portion of a principal building or accessory building exceeding 150 square feet in floor area, the GPHPC shall follow the design requirements for non- contributing buildings in historic districts in division (F) of this section and comply with the design requirements for site improvements and demolition.

      (2)   Procedure.

         (a)   Once an application for a certificate of appropriateness is filed with the Zoning Administrator, it shall be scheduled on the agenda of the next available meeting of the GPHPC, except, however, that such application shall be heard within 45 days of the receipt of the completed application and necessary attachments by the village. At the hearing, the GPHPC shall approve the application or make suggestions to modify the application for approval at its next meeting.

         (b)   Within 75 days of the receipt of the completed application and necessary attachments by the village, the GPHPC shall file a report approving the certificate of appropriateness, approving the certificate of appropriateness with conditions, or denying the application.

         (c)   If the application is not heard by the GPHPC within 45 days or no report is filed within 75 days of the receipt of the completed application and the necessary attachments by the village, the certificate of appropriateness shall be considered approved by the GPHPC.

         (d)   An application shall be deemed filed only when it contains the plans, specifications, and other materials prescribed by the village.

         (e)   A denial of a certificate of appropriateness application may be appealed to the Village Council according to the provisions of § 154.47.

      (3)   Design guidelines. The GPHPC shall supplement the design requirements listed in the following sections by issuing design guidelines. These guidelines are meant to assure that any alteration, demolition, or removal of landmarks, historic sites, and pivotal or contributing buildings preserves and protects the historic character of the entire historic district. These guidelines shall then be submitted to the Village Council for review and approval prior to their becoming effective. Once approved, the guidelines shall be made available by the village to interested parties in order to provide them guidance in designing work scope and submitting requests. GPHPC shall review and update the design guidelines during the first GPHPC meeting of each year and then immediately submit same to the Village Council for approval.

      (1)   (a)   Alteration of exterior design without an addition. Major design alterations to the front facade of existing buildings are not permitted. Design alterations to side or rear facades readily visible from a street are limited to 10% of the surface area. Design alterations to a side or rear facade, not readily visible from a street, are limited to 50% of the surface area. Change beyond these restrictions can be allowed if such change is a restoration of the structure to its historic appearance or is deemed an appropriate improvement by the Planning and Historic Preservation Commission to a structure previously altered.

         (b)   Alteration of exterior design with an addition. The above percentage restrictions regarding design alterations to existing exterior architectural features still apply, however, the Commission may issue a certificate of appropriateness based on the architectural merits of the proposed addition.

      (2)   Additions. Additions to existing buildings must preserve the form, significant materials and features of the building; and additions must be compatible with the existing building's massing, size, scale, materials and architectural features.

      (3)   Materials. Buildings shall have exterior material of painted wood, material that simulates painted wood, brick, stucco, or stone masonry. Windows shall be similar to those of adjacent pivotal or background structures.

      (4)   Accessory buildings. Accessory buildings exceeding 300 square feet of floor area shall be of the same architectural style and same exterior material as the main building unless the accessory building is a reconstruction of an accessory building that previously existed on the lot, in which case substantial freedom shall be afforded the applicant to replicate the structure as it previously existed.

      (5)   Scale and massing. Overall building height to width ratios, chimney construction, roof pitch, footprint size, both absolute footprint size and size relative to lot size, placement and orientation, and other pertinent data, as deemed important to the overall building appearance, to assure reasonable adherence to the pivotal or contributing buildings adjacent shall be considered in the design of any addition, alteration or replacement of existing structures.

      (1)   Scale and massing. New buildings shall be similar in size, scale, mass and architectural style as the surrounding pivotal and contributing buildings. Overall building height to width ratios, chimney construction, roof pitch, footprint size, both absolute footprint size and size relative to lot size, placement and orientation, and other pertinent data, as deemed important to the overall building appearance including that which is outlined in the Historic Preservation Guidelines, to assure reasonable adherence to the pivotal or contributing buildings adjacent shall be considered in the design of any new or replacement structures.

      (2)   Materials. New buildings shall have exterior material of painted wood, material that simulates painted wood, brick, stucco, or stone masonry. Windows shall be similar to those of adjacent pivotal or contributing buildings.

      (3)   Accessory buildings. Accessory buildings exceeding 300 square feet of floor area shall be of the same architectural style and same exterior material as the main building unless the accessory building is a reconstruction of an accessory building that previously existed on the lot, in which case substantial freedom shall be afforded the applicant to replicate the structure as it previously existed.

      (4)   Chimneys. New buildings, other than accessory building of less than 500 square feet, shall include one or more chimneys (whether operational or ornamental), except garages, which may include cupolas instead of chimneys, unless one-third or more of the buildings on adjacent lots do not contain chimneys.

      (5)   Building footprint. To maintain the stature of pivotal buildings, the footprint of any new building erected on a lot adjacent to a lot containing a pivotal building shall not exceed the footprint of the pivotal building.

      (6)   Site location of new buildings. In order to maintain historic landscapes around landmarks, and pivotal or contributing buildings, no new buildings shall be built on contiguous lots in front of landmarks, historic sites, and pivotal or contributing buildings. New buildings are permitted on lots next to or behind landmarks, and pivotal or contributing buildings.

      (7)   Garages. In order to maintain the characteristics of the historic districts, no new house may be built with garage doors on the front elevation of said house facing the street. For corner lots, garage doors may face the street on the side elevation. Detached garages built behind the rear elevation of new or existing houses may have garage doors facing the front or side of the lot.

      (1)   Public safety. Demolition has been ordered by the Building Inspector for public safety because of an unsafe or dangerous condition that constitutes an emergence.

      (2)   Commercial property. The owner can demonstrate to the satisfaction of the GPHPC that the building cannot be reused nor can a reasonable economic return be gained from the use of all or part of the building proposed for demolition.

      (3)   Dwellings and accessory buildings. The owner can demonstrate to the satisfaction of the GPHPC that the building can not be economically restored and will not adversely affect the character of the village.

      (4)   Non-significant items. The demolition request is for an inappropriate addition or a non-significant portion of building and the demolition will not adversely affect those parts of the building that are significant as determined by the GPHPC.

      (5)   Non-contributing buildings. Non-contributing buildings may be demolished if the demolition will not adversely affect the character of the district. Any new construction on the cleared site will be subject to the guidelines for new construction and site improvements.

      (1)   The subdivision of any lot containing a landmark or pivotal building shall be accomplished in such way that both the new lot and reduced lot conform to the minimum lot size in the zoning district and shall provide sufficient space so that a minimum 30 foot distance is maintained between any landmark or pivotal building and any structure proposed on the new lot.

      (2)   Any new lot created from the subdivision of a lot containing a landmark or pivotal building must be at least one-half the size of the remaining portion of the lot containing the landmark or pivotal building.

   (A)   Within 30 days of any Glendale Planning and Historic Preservation Commission decision, any affected party may appeal the decision to the Village Council by filing notice thereof with the Clerk of the Council.

   (B)   The Village Council shall schedule a public hearing within 45 days of the date the appeal is received. At the public hearing, the Council shall hear all interested parties. Within 30 days of the public hearing, the Council shall pass a resolution either confirming, rejecting, amending, or remanding the decision of the Glendale Planning and Historic Preservation Commission. The Clerk of Council shall notify the owner of any property involved of the Council action by regular first class mail. If remanded to the Glendale Planning and Historic Preservation Commission, the remand must be resolved or returned to the Village Council within 45 days of the remand.

(Ord. 1993-52, passed 11-4-93; Am. Ord. 2001-40, passed 4-1-02)

   (A)   Any person violating the provisions of this subchapter by failing to perform any act required by this section or by performing any act which is prohibited by this section shall be guilty of a minor misdemeanor and upon conviction thereof shall be fined not less than $10 nor more than $100 for each offense. Every day on which a violation exists shall constitute a separate violation and a separate minor misdemeanor.

   (B)   In case any building or structure is erected, constructed, altered, added to or demolished in violation of this section, the Zoning Administrator, the Glendale Planning and Historic Preservation Commission (GPHPC) or any other person designated by the Village Council may institute appropriate action or proceeding to prevent such unlawful action. The imposition of any penalty hereunder shall not preclude the village, the GPHPC, a neighborhood or adjacent property owner or any proper person from instituting any proper action or proceeding to require compliance with the provisions of this section and with administrative orders and determination made hereunder.

   (C)   Any person, who demolishes, whether by action or inaction, alters or constructs a building or structure in violation of this section shall be required to restore the building or structure and its site to its appearance prior to the violation. Any action to enforce the subsection may be brought by the Zoning Administrator, the GPHPC or any other person designated by the Village Council. This civil remedy shall be in addition to and not in lieu of any criminal prosecution and penalty.

   (D)   The GPHPC on its initiative may file a petition with the Zoning Administrator to take action against any owner which, in the opinion of the GPHPC, is in violation of the subchapter.

   (E)   An applicant who demolishes, alters or constructs a building or structure in violation of this section shall also be deemed in violation of the Zoning Code of the Village of Glendale.

(Ord. 1993-52, passed 11-4-93; Am. Ord. 2001-40, passed 4-1-02; Am. Ord. 2009-40, passed 9-14-09)