(A) When a person wishes to undertake any exterior work within a historic district, that person shall apply to the village for approval of the work. For purposes of this chapter, persons required to apply shall include individuals, partnerships, firms, corporations, organizations, institutions or agencies of government. The application together with the plans pertaining to the work shall immediately be referred to the Historic District Commission. The application must be complete in order for the review by the Commission to begin.
(B) The Commission shall hold a public hearing on each application for a certificate of appropriateness at its next regular meeting when a complete application has been filed at least seven calendar days before the meeting. The Commission shall make a decision on each application within 60 days after the receipt of a completed application. Upon mutual written consent between the Commission and the applicant, the decision on the application may be extended. If the Commission fails to act in 60 days after receipt of a completed application, it constitutes approval of the project.
(C) Applicants shall be notified and public notice shall be given in accordance with the Open Meetings Act (Public Act 267 of 1976, being M.C.L.A. §§ 15.261 through 15.275) of all hearings and meetings where applications for certificate of appropriateness will be considered. Applicants shall be informed in writing of the Commission’s decision.
(D) The Commission shall approve or disapprove each application for a certificate of appropriateness. The Commission may suggest modifications to an applicant at its meeting and may then approve a certificate of appropriateness providing for revisions in the plans submitted.
(E) The Commission shall file certificates of appropriateness, notices to proceed and denials of applications with the village. If a permit application is denied, the decision shall be binding on the Building Inspector or other authority. A denial shall be accompanied with a written explanation by the Commission of the reasons for denial and, if appropriate, a notice that an application may be resubmitted for Commission review when suggested changes have been made. The denial shall also include notification of the applicant’s rights of appeal to the State Historic Preservation Review Board and to the Circuit Court. The failure of the Commission to act within 60 calendar days after the date a complete application is filed with the Commission, unless an extension has been agreed upon in writing by the applicant and the Commission, shall be considered to constitute approval.
(F) An applicant aggrieved by a decision of the Commission concerning a permit application may file an appeal with the State Historic Preservation Review Board. The appeal shall be filed within 60 days after the decision is furnished to the applicant. The appellant may submit all or part of the appellant’s evidence and arguments in written form. A permit applicant aggrieved by the decision of the State Historic Preservation Review Board may appeal the decision to the Circuit Court.
(Ord. 140, passed 1-15-2002; Ord. 140, passed 6-27-2013)