In the event the commission denies the application, approves the application with conditions, or, in cases involving demolition, decides to postpone action on an application, the applicant shall have the right to appeal such decisions directly to the board of trustees.
(a) Time for filing appeal. An applicant may appeal the commission's decision by filing an appeal in writing with the village clerk within 15 days after the applicant is served with notice by certified or registered mail of the commission's decision. For purposes of this section, the date of service shall be the date that notice by certified or registered mail is posted.
(b) Hearing date. Within 15 days after applicant files an appeal, the village clerk shall notify the village president, who shall set a date for hearing the appeal. Such hearing date shall be scheduled no later than 45 days after the filing of the appeal. After a hearing date has been scheduled, the village clerk shall notify the applicant in writing, by certified or registered mail, at least seven days prior to the hearing. The notice shall state the date, time and place of the hearing.
(c) Record on appeal. Upon the filing of an appeal, the village clerk shall obtain from the secretary of the commission a written summary of the proceedings from the commission's public hearing. The village clerk shall also notify the building official and chairperson of the commission of the appeal, who shall forward to the village clerk any other relevant records and materials regarding the application for a certificate of appropriateness. The foregoing shall constitute the record on appeal and shall be delivered to the board of trustees before the hearing date on the appeal.
(d) Hearing. At the hearing on appeal, the board of trustees shall permit the applicant to speak in support of the application and to present any additional evidence relating thereto. The board of trustees may also consider testimony from village employees or officials, members of the commission, or other interested persons. At the conclusion of the hearing, the board of trustees shall consider the record on appeal, the testimony presented on appeal, and any other evidence and shall determine whether the commission's decision is consistent with the criteria applicable to this article. The board of trustees shall then vote whether to affirm or reverse the decision of the commission in whole or in part, or to remand the application to the commission for further review. The village clerk shall notify the applicant in writing of the decision of the board of trustees on appeal. Except for decisions to postpone in cases involving demolition, or to remand to the commission for further consideration, such notice shall state that the decision of the board of trustees is final.
(e) Approval. If the application is approved without conditions on appeal, the board of trustees shall instruct the building official to issue the certificate of appropriateness.
(f) Approval with conditions. If the application is approved with conditions on appeal, the board of trustees shall specify the conditions to be imposed and the reasons therefore in light of the criteria applicable to this article. If the applicant notifies the board of trustees in writing that the conditions are acceptable, or if the applicant does not further appeal the approval with conditions, the board of trustees shall instruct the building official to issue the certificate of appropriateness, subject to the conditions.
(g) Denial. If the application is denied, the board of trustees shall notify the applicant in writing and shall specify the particulars in which the application is inconsistent with the criteria set forth in this article.
(h) Postponement. In cases involving demolition where the board of trustees affirms the postponement of action on an application for a certificate of appropriateness, the board of trustees shall notify the applicant in writing. The period for postponement as affirmed or modified by the board of trustees shall not extend more than 12 months beyond the close of the commission's public hearing.
(i) Remand. If the board of trustees votes to remand an application to the commission for further proceedings, the chairperson of the commission shall be notified and shall set a date for a new hearing. Such date shall be no later than 45 days after the board's decision to remand, unless the applicant waives or extends the 45-day period in writing. If the hearing is not commenced within such period, the commission shall instruct the building official to issue the certificate of appropriateness. In all other instances, the hearing on remand shall be conducted in the same manner as the original hearing before the commission.
(j) Final decision; administrative review. Any final decision on a certificate of appropriateness by the board of trustees shall be deemed a decision directing the owner of a structure, building, object, site or area having certified status to do or refrain from doing any specific thing, or refusing to permit such owner to do some specific thing he or she desires to do, in connection with such owner's property. As such, any final decision on a certificate of appropriateness by the board of trustees may be further appealed in accordance with the administrative review procedures of the Illinois Code of Civil Procedure, as may be amended from time to time.
(k) Validity. A certificate of appropriateness shall be invalid if any plans approved by the board of trustees are changed, if any conditions of such certificate are not satisfied, or if any building permit issued for the approved work becomes invalid. A certificate of appropriateness shall remain valid for a period of one year.
(Ord. No. 90-32-1841; Ord. No. 2013-10-3340)