A.   Intent. The HPO Historic Preservation Overlay District is intended to provide for the protection and preservation of those structures and areas whose architectural, archeological or historic interests are valuable contributions to the character and charm of the Village or areas of the Village and to the Village's cultural, social, economic, political and architectural history or heritage. Such structures and areas are hereby deemed to represent a community asset justifying the public regulation of such structures and areas to ensure their preservation. The intent of this district is to safeguard the Village's historic and cultural heritage, as embodied and reflected in such structures or areas, stabilize and improve property values, foster civic pride, enhance the visual and aesthetic character of the Village, and protect and enhance the Village's attractions to residents, tourists and visitors, and serve as a support and stimulus to business and industry.

   B.   District Standards and Uses. District standards shall conform to those required in the underlying basic zoning district. See also subsection D. of this section. Permitted, accessory, and conditional uses shall be as allowed in the underlying basic zoning district.

   C.   Designation / Creation of Historic Preservation Overlay District.

      1.   The Historic Preservation Committee shall select geographically defined areas within the Village of Rochester to be designated Historic Preservation Overlay Districts pursuant to Chapter 38, Historic Preservation, of this Municipal Code. If a petition for rezoning to an HPO District is received from a source other than the Historic Preservation Committee, it shall be referred to the Committee for its review and recommendation.

      2.   The Village Board may designate an area an HPO District upon recommendation by the Plan Commission and the Historic Preservation Committee. The public hearing to be held pursuant to Chapter 38 shall be held jointly by the Plan Commission and the Historic Preservation Committee, and notice of the hearing shall conform to the requirements of both Chapter 38 and the notice required in this Chapter.

      3.   The criteria for rezoning to an HPO District shall be based upon the requirements found in Chapter 38.

   D.   Limitation on Structural or Appearance Changes.

      1.   Certificate of Appropriateness Required. There shall be no alterations in the architectural appearance of any structure within an HPO District without the approval of plans for such alterations by the Historic Preservation Committee and the Committee's grant of a Certificate of Appropriateness pursuant to Chapter 38 of this Municipal Code. For purposes of this section, alterations shall include any exterior color change, addition to, or demolition of any part or all of the exterior of a structure.

      2.   Repairs, Destruction and Reconstruction. Notwithstanding the provisions of s. 35-200 of this Chapter as to non-conforming structures, total lifetime structural repairs, restoration, or alterations of a preservation structure may exceed 50 percent of the Village's equalized value of the structure if the Historic Preservation Committee determines that the structure will be repaired, restored, or altered in a way that maintains the character of the structure and the character of the HPO District without significant alteration or change in such character. No person in charge of an historic structure or improvement in an HPO District shall demolish such a structure or improvement without a Certificate of Appropriateness for the demolition. See, however, Chapter 37 for historic structures located in floodplain districts.

      3.   Notwithstanding the provisions of Section 35-200 of this Chapter as to non- conforming structures, the Historic Preservation Committee may grant a Certificate of Appropriateness for, and may recommend to the Plan Commission, that all or part of a structure which has been destroyed or altered over the course of time may be rebuilt or reconstructed to the structure's original footprint, inclusive of uncovered porches, if such reconstruction or restoration is in keeping with the historic significance of the structure and area, regardless of current setback, side yard and rear yard requirements, so long as no safety issues (such as vision clearance triangles) are implicated. An example of such a recommendation would be the restoration of a porch to its original length and width, as proven by photographic or other documented evidence, if such porch was removed in a remodeling of the structure. The Plan Commission may approve such restoration or reconstruction, and such approval shall not be considered a variance or waiver but shall rather be considered to meet the appropriate standards of the HPO District. See, however, Chapter 37 for historic structures located in floodplain districts.

      4.   In the case of the destruction of a structure in the HPO District, the Plan Commission may determine upon recommendation from the Historic Preservation Committee that a replacement structure may be constructed in a manner that, while not identical to the original structure, maintains the historic character of the destroyed structure. See, however, Chapter 37 for historic structures located in floodplain districts.