(A) Within 35 days after receipt of the application for a certificate of appropriateness, the Commission shall meet and shall either issue the certificate or disapprove the application. The Commission shall inform applicants of the date and time of the meeting when their applications will be considered. Applicants shall attend the meeting to discuss their proposal. Upon approval of an application, the certificate of appropriateness shall be dated and signed by the Commission Chairperson, Vice-Chairperson, Secretary or such other person designated by the Commission to sign certificates on its behalf. Copies of the certificate shall be forwarded to the applicant, the Village Clerk and the Building Inspector. As an ex officio member of the Commission, the Building Inspector shall advise the Commission in its review of every application of likely modifications to the plans and specifications that may be made in the course of the plan review procedures required by Chapter 151 of this code of ordinances.
(B) If the applicant for a certificate of appropriateness makes an application for a building permit prior to the date of issuance of the certificate of appropriateness, the issuance date of the certificate shall be utilized as of the date of application for the building permit. Any certificate of appropriateness issued by the Commission shall become invalid of the building permit issued for the same work becomes invalid under the appropriate sections of Chapter 151 of this code of ordinances.
(C) Failure on the part of the Commission to act within 35 days of receipt of an application for a certificate of appropriateness shall constitute approval of the application.
(D) Upon disapproval of an application, the Commission shall notify the applicant, in writing, of the disapproval and shall recommend changes in the application with the respect to the criteria and standards set forth herein, which is made, would make the application acceptable to the Commission. Within 15 days of receipt of the notification of disapproval, the applicant must either file a written modification of his or her application in conformity with the Commission’s recommended changes or request, in writing, that the Commission schedule a public hearing on his or her application.
(E) Within 35 days of the receipt of a written modification or request for pubic hearing, the Commission must either issue the certificate of appropriateness or hold a public hearing.
(1) Notice of the hearing shall be given to the applicant, the Village Attorney and the President and Board of Trustees of the village and to the public by announcement in a newspaper of general circulation and to any interested parties who shall file with the Village Clerk a request to receive the notices.
(2) The Chairperson shall conduct the hearing and the Commission shall receive oral and written testimony from all interested parties. The applicant or any other interested party may be represented by counsel. The Commission and applicant shall have the right to introduce evidence and cross-examine witnesses. The Commission shall vote, announce its decision, in writing, and file the determination with the Village Clerk and the Building Inspector within 15 working days after the conclusion of the public hearing unless the time is extended by mutual agreement between the Commission.
(3) The factors to be considered and standards for the issuance or denial of a certificate of appropriateness upon public hearing shall be those set forth herein.
(4) The applicant for a public hearing shall include with the written notification a fee payable to the village as set forth in the village’s annual fee schedule.
(1981 Code, § 39.04) (Am. Ord. 92-9, passed 9-21-1992; Am. Ord. 96-07, passed 2-21-1996)