It is hereby declared as a matter of public
policy that the protection, enhancement and perpetuation of landmarks
and historic districts is necessary to promote the economic, cultural,
educational, and general welfare of the public. Inasmuch as the identity
of a people is founded on its past, and inasmuch as Albion has many
significant historic, architectural and cultural resources which constitute
its heritage, this chapter is intended to:
A. Protect and enhance the landmarks and historic districts
which represent distinctive elements of Albion's historic, architectural,
and cultural heritage;
B. Foster civic pride in the accomplishments of the past;
C. Protect and enhance Albion's attractiveness to visitors
and the support and stimulus to the economy thereby provided; and
D. Ensure the harmonious, orderly, and efficient growth
and development of the Village.
There is hereby created a commission to be known
as the "Albion Historic Preservation Commission."
A. Membership.
(1) The Commission shall consist of seven members to be
appointed, to the extent available in the community, by the Mayor
as follows:
(a)
At least one shall be an architect experienced
in working with historic buildings.
(b)
At least one shall be an historian.
(c)
At least one shall be a resident of an historic
district.
(d)
At least one shall have demonstrated significant
interest in and commitment to the field of historic preservation evidenced
either by involvement in a local historic preservation group, employment
or volunteer activity in the field of historic preservation, or other
serious interest in the field.
(2) All members shall have a known interest in historic
preservation and architectural development within the Village of Albion.
B. Commission members shall serve for a term of four
years, with the exception of the initial term of one of the seven
members, which shall be one year, one which shall be two years, and
one which shall be three years.
C. The Chairman and Vice Chairman of the Commission shall
be elected by and from among the members of the Commission.
D. The powers of the Commission shall include:
(1) Recommending employment of staff and professional
consultants as necessary to carry out duties of the Commission.
(2) Promulgation of rules and regulations as necessary
to carry out the duties of the Commission.
(3) Adoption of criteria for the identification of significant
historic, architectural, and cultural landmarks and for the delineation
of historic districts.
(4) Conducting surveys of significant historic, architectural,
and cultural landmarks and historic districts within the Village.
(5) Designation of identified structures or resources
as landmarks and historic districts.
(6) Acceptance on behalf of the Village government of
the donation of facade easements and development rights and the making
of recommendations to the Village government concerning the acquisition
of facade easements or other interests in real property as necessary
to carry out the purposes of this chapter.
(7) Increasing public awareness of the value of historic,
cultural and architectural preservation by developing and participating
in public education programs.
(8) Making recommendations to Village government concerning
the utilization of state, federal or private funds to promote the
preservation of landmarks and historic districts within the Village.
(9) Recommending acquisition of a landmark structure by
the Village government where its preservation is essential to the
purposes of this chapter and where private preservation is not feasible.
(10) Approval or disapproval of applications for certificates
of appropriateness pursuant to this chapter.
E. The Commission shall meet at least monthly, but meetings
may be held at any time on the written request of any two of the Commission
members or on the call of the Chairman or the Mayor.
F. A quorum for the transaction of business shall consist
of the majority of the members of the Commission's members, but not
less than a majority of the full authorized membership may grant or
deny a certificate of appropriateness or hardship relief.
G. Any member of the Commission shall be disqualified
to act upon a matter before said Commission with respect to a property
in which a member has an interest.
No person shall carry out any exterior alteration,
restoration, reconstruction, demolition, new construction, or moving
of a landmark or property within an historic district, nor shall any
person make any material change in the appearance of such property,
its light fixtures, freestanding lights, signs, sidewalks, fences,
stairs, outbuildings, walls, driveways or alleys, paving or any other
exterior element which affects the appearance and cohesiveness of
the landmark or historic district without first obtaining a certificate
of appropriateness from the Historic Preservation Commission.
An applicant whose certificate of appropriateness
for a proposed demolition has been denied may apply for relief on
the ground of hardship. In order to prove the existence of hardship,
the applicant shall establish that:
A. The property is incapable of earning a reasonable
return, regardless of whether that return represents the most profitable
return possible;
B. The property cannot be adapted for any other use,
whether by the current owner or by a purchaser, which would result
in a reasonable return; and
C. Efforts to find a purchaser interested in acquiring
the property and preserving it have failed.
An applicant whose certificate of appropriateness
for a proposed alteration has been denied may apply for relief on
the ground of hardship. In order to prove the existence of hardship,
the applicant shall establish that the property is incapable of earning
a reasonable return, regardless of whether that return represents
the most profitable return possible.
All work performed pursuant to a certificate
of appropriateness issued under this chapter shall conform to any
requirements included therein. It shall be the duty of the Building
Code Enforcement Officer to inspect periodically any such work to
assure compliance. In the event work is found that is not being performed
in accordance with the certificate of appropriateness, or upon notification
of such fact by the Historic Preservation Commission, the Building
Code Enforcement Officer shall issue a stop-work order and all work
shall immediately cease. No further work shall be undertaken on the
project as long as a stop-work order is in effect.
Any person aggrieved by a decision of the Historic
Preservation Commission relating to hardship or a certificate or appropriateness
may, within 15 days of the decision, file a written application with
the Village Board for review of the decision. Reviews shall be conducted
based on the same record that was before the Commission and using
the same criteria.