The purpose of this chapter is to preserve those structures, sites and neighborhoods in the village that have historic, architectural and aesthetic significance, and to preserve and maintain them for current and future residents by encouraging renovation, rehabilitation, repair and adaptive reuse that is consistent with their historic, architectural and aesthetic character. (Ord. 2015-001, 3-30-2015)

The following words or phrases shall have the meanings ascribed to them below:

ALTERATION: Any act or process other than demolition that changes the exterior architectural features of a structure, including, but not limited to, the erection, construction, reconstruction, or removal of any structure.

CONSTRUCTION: The act of adding an addition to a structure or the erection of a new principal and/or accessory structure on a lot or property.

CONTRIBUTING PROPERTY: A property within a designated historic district that has characteristics and features that relate to the historic context and historic significance of the district and that has been specified in the designation as contributing.

DEMOLITION: Any act or process which destroys in part or in whole a landmark, building, structure or improvement site that has been designated for preservation under this chapter.

DEMOLITION BY NEGLECT: Neglect in the maintenance of any landmark, building, structure or improvement within a historic district which creates a hazardous or unsafe condition as determined by the village of Scales Mound, or creates a condition that will allow natural degradation to occur to the landmark, structure, building, or improvement to the extent that it causes the landmark, structure, building, or improvement to become at risk of collapse or total loss.

EXTERIOR ARCHITECTURAL APPEARANCE: The architectural character and general composition of the exterior of a building or structure, including, but not limited to, the kind, color, and texture of the building material, foundations, walls, and roof structures and the type, design, and character of all windows, doors, light fixtures, signs and appurtenant elements.

HISTORIC DISTRICT: The area within the village of Scales Mound designated as a "historic district" in 1990 by the United States department of the interior and the village board and which may contain within definable geographic boundaries one or more landmarks and which may have within its boundaries other properties or structures which while not of such historic and/or architectural significance to be designated as landmarks, nevertheless contribute to the overall visual characteristics of the landmarks located within the historic district.

HISTORIC SIGNIFICANCE: Character, interest, or value as part of the development, heritage, or culture of the community, state, or nation; as the location of an important local, state, or national event; or through identification with a person or persons who make important contributions to the development of the community, state, or nation.

IMPROVEMENT: Any structure, work of art, place, parking facility, fence, gate, wall or other object constituting a physical addition to real property, or any part of such addition.

LANDMARK: Any building, structure, or site that has been designated as a landmark by the village board, pursuant to procedures prescribed herein, that is worthy of recognition, rehabilitation, restoration, and preservation because of its historic and/or architectural significance.

NONCONTRIBUTING PROPERTY: A property within the boundaries of a designated historic district that lacks the architectural characteristics relating to the historic context and historic significance of the district and that has been identified in the designation as noncontributing.

NOT IN PRESENT STATE: A property within the boundaries of a designated historic district that currently lacks the architectural characteristics relating to the historic context and historic significance of the district and that has been identified in the designation as not in present state. A property designated as not in present state does not noticeably detract from the historic district's sense of time, place and historical development and with the appropriate rehabilitation could be reclassified as a contributing property.

OBJECT: A material or natural thing of functional, architectural, cultural, historical, aesthetic, or scientific value that may be, by nature or design, movable yet related to a specific setting or environment.

OWNER: The person, corporation, or other legal entity in whose name the property appears on the records of the Jo Daviess County recorder of deeds.

REHABILITATION: The process of returning a structure, building, object, or site to a state of utility, through repair, construction, or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values.

REMOVAL: Any relocation of a structure, object or artifact within or on the site or to another site.

REPAIR: Any change that is not construction, alteration, demolition, or removal and is necessary or useful for continuing normal maintenance and upkeep.

RESTORATION: The process of restoring, repairing, or reconstruction of property, through repair, construction, or alteration, to a former or original condition that enhances those portions and features of the property that are significant to its historic, architectural, and cultural values.

STRUCTURE: Anything constructed or erected, the use of which requires permanent or temporary location on or in the ground or attached to something having a permanent location on or in the ground.

UNBUILDABLE: A lot, plot or parcel of land which construction or placement of a building, structure or any improvement is not allowed by natural restriction or by a restrictive order of a governing body. (Ord. 2015-001, 3-30-2015)

A permit issued by the village shall be required for moving, demolition (in part, or as a whole), altering, extending, or any repairs which will produce a major change in the exterior appearance of any landmark, building, structure, site, improvement or part thereof in the historic district. Such major changes include, but are not limited to, windows, siding, doors, roofing, additions, alterations, reconstruction, rehabilitation, renovation or repair. This includes any construction, alteration, demolition (in part, or as a whole) or removal affecting any significant exterior architectural feature of any designated historic landmark or any building, structure or site or part thereof in the historic district. (Ord. 2015-001, 3-30-2015)

Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior feature of any landmark, building, structure, site, improvement or part thereof located within the historic district which does not involve change in such improvement's design or materials, or in any exterior architectural feature of the improvement. (Ord. 2015-001, 3-30-2015)

Neither the owner of nor the person in charge of a landmark, building, structure, site, improvement or part thereof located within the historic district shall permit such improvement to fall into a state of disrepair which may result in the deterioration of any exterior appurtenance or architectural feature so as to produce or tend to produce a detrimental effect upon the character of the historic district as a whole or the life and character of the improvement in question, including, but not limited to:

   A.   The deterioration of exterior walls or other vertical supports.

   B.   The deterioration of roofs or other horizontal members.

   C.   The deterioration of exterior chimneys.

   D.   The deterioration or crumbling of exterior plaster or mortar.

   E.   The ineffective waterproofing of exterior walls, roofs and foundations, including windows or doors.

   F.   The deterioration of any feature so as to create or permit the creation of any hazardous or unsafe condition or conditions. (Ord. 2015-001, 3-30-2015)

The village board, upon its discretion and at its cost, may order necessary repairs to preserve or make safe any designated historic landmark, building, structure, site, improvement or part thereof in the historic district that falls into disrepair or is deemed to be suffering from demolition by neglect, or which creates a dangerous condition. The village may then collect the cost of such repairs through any legal means including, but not limited to, the lien process. (Ord. 2015-001, 3-30-2015)

In the case of partial or complete natural destruction or demolition of a designated historic landmark or any building, structure or site or part thereof in the historic district, the owner will be required to obtain a permit from the village prior to reconstruction. Although exact duplication of the previous structure may not be required, the exterior design of the property shall be in harmony with:

   A.   The exterior design of the landmark, building, structure, site or improvement prior to damage; and

   B.   The character of the historic district and the neighborhood in which the landmark, building, structure, site, or improvement is located. (Ord. 2015-001, 3-30-2015)

The village may acquire, by purchase, donation or condemnation, appropriate protective interests in any landmark, building, structure, site, improvement or part thereof located within a historic district within the corporate boundaries of the village, wherever and to the extent that the village board determines that the acquisition will be in the public interest. For the purpose of this section, an "appropriate protective interest" means any right or interest in or title to an improvement, including, but not limited to, fee title, or any easement, restriction, covenant, or condition running with the land, designated to preserve, maintain or enhance all or part of the existing state of improvements of historic, architectural or aesthetic significance, or acquisition of which is determined by the village board to be necessary and appropriate for the effectuation of the purposes of this chapter. (Ord. 2015-001, 3-30-2015)

Any person who undertakes or causes an alteration, construction, demolition or removal of any landmark, building, structure, site, improvement or part thereof located within the historic district without a permit shall be guilty of an ordinance violation and, upon conviction thereof, shall be fined as set forth in title 1, chapter 4 of this code. In addition, the village may deem the property on which said landmark, building, structure, site, or improvement was located "unbuildable" for a term of up to ten (10) years. Every day such violation shall continue to exist shall constitute a separate violation. The village may institute any appropriate action or proceeding to enjoin, correct or abate any violation of this chapter. (Ord. 2015-001, 3-30-2015)