CHAPTER 15
| 15.01 | Purpose and Intent |
| 15.02 | Definitions |
| 15.03 | Historic Designation Criteria |
| 15.04 | Historic Preservation Commission |
| 15.05 | Procedures |
| 15.06 | Interim Control |
| 15.07 | Penalties for Violations |
| 15.08 | Separability |
15.01 PURPOSE AND INTENT.
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 archeological or historic interest or value is a public necessity and is required in the interest of the health, prosperity, safety and welfare of the citizens of Palmyra. The purpose of this Chapter is to:
(1) Effect and accomplish the protection, enhancement and preservation of such improvements, sites and districts which represent or reflect elements of the Village's cultural, social, economic, political and architectural history;
(2) Safeguard the Village's historic, prehistoric and cultural heritage, as embodied and reflected in such historic structures, sites and districts;
(3) Stabilize and improve property values, and enhance the visual and aesthetic character of the Village;
(4) Protect and enhance the Village's attraction to residents, tourists and visitors, and serve as a support and stimulus to business and industry.
15.02 DEFINITIONS.
The following words and terms used in this Chapter are defined as follows:
(1) Certificate of Appropriateness: A certificate issued by the Historic Preservation Commission approving alteration, rehabilitation, construction, reconstruction or demolition of a historic structure, historic site or any improvement in a historic district.
(2) Commission: The Village of Palmyra Historic Preservation Commission created under this Chapter.
(3) Historic District: An area designated by resolution of the Village Board, on recommendation of the Commission, which contains 2 or more historic improvements or sites.
(4) Historic Site: Any parcel of land of historic significance due to its substantial value in tracing the history or prehistory of man, or upon which a historic event has occurred, and which has been designated as a historic site under this Chapter; or an improvement parcel, or part thereof, on which is situated a historic structure, and any abutting parcel, or part thereof, constituting part of the premises on which the historic structure is situated.
(5) 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, region, state or nation and which has been designated as a historic structure pursuant to the provisions of this Chapter.
(6) Improvement: Any building, structure, place, work of art or other manmade 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.
15.03 HISTORIC DESIGNATION CRITERIA.
(1) For purposes of this Chapter, a historic structure, historic site, or historic district designation may be placed on any site, natural or improved, including any building, improvement or structure located thereon, or any area of particular historic, architectural, archeological or cultural significance to the Village such as historic structures, sites or districts which:
(a) Exemplify or reflect the broad cultural, political, economic or social history of the nation, state or Village; or
(b) Are identified with historic personages or with important events in national, state or local history; or
(c) Embody the distinguishing characteristics of an architectural type or specimen inherently valuable for a study of a period, style, method of construction or of indigenous materials or craftsmanship; or
(d) Are representative of the notable work of a master builder, designer or architect who influenced his age; or
(e) Have yielded, or may be likely to yield, information important to prehistory or history.
(2) The Commission shall adopt specific operating guidelines for historic structure, historic site and historic district designation providing such are in conformance with the provisions of this ordinance.
15.04 HISTORIC PRESERVATION COMMISSION.
(1) COMPOSITION. (Am. #98-6) A Historic Preservation Commission is hereby created, consisting of 5 members who shall be appointed by the Village President, subject to confirmation by the Village Board. A majority of the membership shall be Village residents. Each member shall have, to the highest extent practicable, a known interest in historic preservation. The Commission shall meet as required. Annually, prior to May 1, the Commission shall elect from among its members a chairperson and a secretary.
(2) TERM. (Am. #98-6) The first appointments shall be as follows: two members shall serve one-year terms and three members shall serve two-year terms expiring April 30. Thereafter, all appointments shall be for two-year terms.
(3) POWERS AND DUTIES.
(a) Designation. The Commission shall have the power, subject to Section 15.05, to designate historic structures and historic sites, and to recommend designation of historic districts within the Village limits pursuant to Section 15.03. Historic districts shall be approved by the Village Board. Once designated, such historic structures, sites and districts shall be subject to all of the provisions of this Chapter.
(b) Regulation of Construction, Reconstruction, Alteration and Demolition.
1. No owner or person in charge of a historic structure, historic site or structure within a historic district shall reconstruct, alter or demolish all or any part of the exterior of such property, or construct any improvement upon such designated property or properties, or cause or permit any such work to be performed upon such property, or demolish such property unless a Certificate of Appropriateness has been granted by the Historic Preservation Commission. Also, unless such certificate has been granted by the Commission, the Village Building Inspector shall not issue a permit for any such work.
2. Upon filing of any application for a Certificate of Appropriateness with the Commission, the Commission shall approve the application unless:
a. In the case of a designated historic structure or historic site, the proposed work would detrimentally change, destroy or adversely affect any exterior feature of the improvement or site upon which said work is to be done;
b. In the case of the construction of a new improvement upon a historic site, or within a historic district, the exterior of such improvement would adversely affect or not harmonize with the external appearance of other neighboring improvements on such site or within the district;
c. In the case of any property located in a Historic district, the proposed construction, reconstruction, exterior alteration or demolition does not conform to the purpose and intent of this Chapter and to the objectives and design criteria of the historic preservation plan for said district;
d. The building or structure is of such architectural or historical significance that its demolition would be detrimental to the public interest and contrary to the general welfare of the people of the Village and state;
e. In the case of a request for the demolition of a deteriorated building or structure, any economic hardship or difficulty claimed by the owner is self-created or is the result of any failure to maintain the property in good repair.
3. If the Commission determines that the application for a Certificate of Appropriateness and the proposed changes are consistent with the character and features of the property or district, it shall issue the Certificate of Appropriateness. The Commission shall make this decision within 45 days of the filing of the application.
4. The issuance of a Certificate of Appropriateness shall not relieve the applicant from obtaining other permits and approvals required by the Village or the state. A building permit or other Village permit shall be invalid if it is obtained without the presentation of the Certificate of Appropriateness required for the proposed work.
5. Ordinary maintenance and repairs may be undertaken without a Certificate of Appropriateness provided that the work involves repairs to existing features of a historic structure or site, or the replacement of elements of a structure with pieces identical in appearance (but not necessarily of identical material), 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.
(c) Appeals. Should the Commission fail to issue a Certificate of Appropriateness due to the failure of the proposal to conform to the guidelines, the applicant may appeal such decision to the Village Board within 30 days. In addition, if the Commission fails to issue a Certificate of Appropriateness, the Commission shall, with the cooperation of the applicant, work with the applicant in an attempt to obtain a Certificate of Appropriateness within the guidelines of this Chapter.
(d) Identification of Historic Structures, Sites and Districts. At such time as a historic structure, site or district has been properly designated, the Commission, in cooperation with the property owner, may cause to be prepared and erected on such property at Village expense, a suitable plaque declaring that such property is a historic structure, site or district.
15.05 PROCEDURES.
(1) DESIGNATION OF HISTORIC STRUCTURES AND HISTORIC SITES.
(a) The Commission may, after notice and public hearing, designate historic structures and historic sites, or rescind such designation or recommendation, after application of the criteria in Section 15.03 above. At least 10 days prior to such hearing the Commission shall notify the owner(s) of record of the property to be designated, as well as the owners of record of properties situated within 200 feet of the boundaries of the subject property.
(b) The Commission shall then conduct such public hearing and, in addition to the notified persons, may hear expert witnesses and shall have the power to subpoena such witnesses and records as it deems necessary. The Commission may conduct an independent investigation into the proposed designation or rescission. Within 10 days after close of the public hearing, the Commission may designate the property as either a historic structure, or a historic site, or rescind the designation. After the designation or rescission has been made, notification shall be sent to the property owner or owners. Notification shall also be given to the Village Clerk-Treasurer, Building Inspector and Plan Commission. The Commission shall cause the designation or rescission to be recorded at Village expense, in the Register of Deeds office of Jefferson County.
(2) CREATION OF HISTORIC DISTRICT(S).
(a) For preservation purposes, the Commission may select and recommend geographically defined areas within the Village to be designated as Historic Districts, and prepare a historic preservation plan for each such area. A Historic District may be designated for any geographic area of particular historic, architectural or cultural significance to the Village, after application of the criteria in Section 15.03 above. Each historic preservation plan prepared by the Commission shall include a cultural and architectural analysis supporting the historic significance of the area, the specific guidelines for development, and a statement of preservation objectives.
(b) Before taking action on the recommendation of the Commission to create a Historic District and implement a historic preservation plan, the Village Board shall hold a public hearing. Notice of the time, place and purpose of the public hearing shall be sent by the Village Clerk-Treasurer at least 10 days prior to the date of the hearing to the owners of record of the properties within the proposed Historic District as well as those properties situated within 300 feet of the boundaries of the proposed Historic District. Following the public hearing, the Village Board shall vote to adopt the plan as presented and create the Historic District, reject the plan, or refer the plan back to the Commission for modification and resubmittal.
15.06 INTERIM CONTROL.
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 Commission or the Village Board unless such alteration, removal or demolition is authorized by the Village Board as necessary to protect the public health, safety or welfare. In no event shall the delay be for more than 180 days.
15.07 PENALTIES FOR VIOLATIONS.
Any person or persons violating any provision of this Chapter shall be fined $50 for each separate 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 in cooperation with the Chief of Police.
15.08 SEPARABILITY.
If any provision of this Chapter or the application thereof to any person or circumstances is held invalid, the remainder of this Chapter and the application of such provisions to other persons or circumstances shall not be affected thereby.