(a) No building permit for the construction, erection, alteration, removal, moving or demolition of any structure or building in the Historic District, or for the alteration, removal, moving or demolition of any historic landmark, shall be issued where such action will affect the exterior architectural feature of any such structure or building, unless and until such application has been approved by the Board. All submissions to the Board shall be made through the Building Official who shall receive all materials from the applicant at least seven days before the Board's next meeting. Upon application for a building permit with respect to any structure or building in the above categories, the Building Official shall submit such application, together with the related plans and specifications, within seven days of receipt thereof, to the Board for referral to the Historic District Subcommittee at its next regular meeting.
(b) At its first regular or special meeting after receipt by the Historic District Subcommittee of the building permit application and related materials for any such proposed construction, erection, alteration, removal, moving or demolition, the Subcommittee shall consider the application. At that meeting, or at such later meetings as may be necessary, the Historic District Subcommittee shall consider the application and make a recommendation to the Board of "approval," "disapproval" or "approval with conditions."
(c) In making such a determination the Historic District Subcommittee shall refer to the Design Review Standards set forth in Section 1313.091 and to the Historic District Guidelines as adopted by the Board and Village Council.
(d) If, at the first regular or special meeting of the Board after receipt of the report of the Subcommittee and the building permit application and related materials for any such proposed construction, erection, alteration, removal moving or demolition, the Board fails to approve the application in accordance with subsection (e) hereof, it shall either:
(1) Review the material and refer its recommendations back to the Subcommittee for further recommendation so that the Board may take final action in accordance with subsection (e) hereof; or
(2) Set the matter for a public hearing and further consideration in accordance with subsection (f) hereof.
(e) At a regular or special meeting of the Board, after receipt of the report from the Subcommittee and the building permit application and related materials for any such proposed construction, erection, alteration, removal, moving or demolition, the Board shall consider the application and determine whether or not to approve the same. If approved in accordance with the report of the Subcommittee, the Board shall, within five days, authorize the Building Official to issue a permit for the requested construction, erection, alteration, removal, moving or demolition, and shall further notify the Subcommittee.
(f) If the Board fails to approve the application at such meeting, it shall give notice of a public hearing to be held within thirty-one days from the date of such meeting to consider such application. However, the applicant may waive this time requirement and consent to an extension of such time period. Such notice shall be published once in a newspaper having general circulation within the Village and shall be published not less than ten days prior to such hearing. The applicant shall be advised of the time and place of such hearing by a notice sent by certified mail addressed to him or her at the address set forth in such application, such notice to be mailed not less than five days prior to such hearing. The Board may invite such other persons or groups as it desires to attend the meeting. The Board shall meet and act with all reasonable dispatch.
(g) In determining whether or not to approve such application, the Board shall consider whether the proposed change will affect adversely or destroy any significant historic or architectural feature of the structure, whether it is inappropriate or inconsistent with the spirit and purpose of this chapter and whether it will affect adversely or destroy the general historic and architectural significance of the District. The Board shall also examine any other considerations specifically listed and adopted by Council. With respect to any proposed demolition, the Board shall determine whether or not preservation is economically feasible for the applicant, and shall approve such application if the denial of such application would result in practical difficulty or unnecessary hardship that would deprive the applicant of the reasonable use of the land or building involved.
If, at the next regular meeting of the Board after public hearings, the Board determines not to approve such application, it shall advise the applicant of any changes which would secure the approval of the Board and shall withhold denial of the application for a period not to exceed thirty-one days in order that the applicant may adopt such proposed changes.
(h) After the hearing provided for above, and after the subsequent alterations, if any, in the plans and/or specifications as provided, the Board shall submit, in writing, its recommendations to the Building Official, and if then approved, authorize a permit for the construction, erection, alteration, removal, moving or demolition. The written report shall include the location of the proposed work, the exterior changes contemplated, the findings of the Board and/or the recommendations of the Board as to the grant or refusal of the application. The Board shall make its report within thirty-one days after the public hearing; otherwise, the application for the permit shall be deemed to have been approved, provided, however, that the applicant may waive this requirement and consent to an extension of such period.
(i) Disapproval by the Board of such application may be appealed by the applicant to the Council of the Village in accordance with Section 1313.12.
(j) Conceptual Review. An applicant for a Board approval of a project may choose, in the applicant's sole discretion, or may be required at the discretion of the Building Official, to submit a concept plan of the applicant's proposed project to the Board in lieu of a formal application. The applicant may do so for the sole purpose of an informal presentation to the Board and for the Board members' informal review and comment. The concept plan shall be received by the Building Official at least seven days before the Board's next meeting. The concept plan need not meet the requirement of the Village ordinances for an application for the issuance of a building permit. The Board's review of the concept plan and its members' comments shall not be binding upon the applicant or upon the Board but are for the sole purpose of providing suggestions to the applicant prior to the applicant expending substantial time and expense in developing a final application for submission to the Board for its final decision regarding approval of the application.
(Ord. 2014-01. Passed 3-11-14.)