A. Review Required; Purpose. No Alteration or Demolition may occur to a Protected Feature without first satisfying the requirements of this Section except if a Certification applies. The Commission will review any such proposed Alteration to or Demolition in order to:
1. Evaluate the consistency of any proposed Work with the Criteria provided in Section 9-14-30 and either:
a. Allow Work that is generally consistent with the criteria to proceed expediently and with a minimum of procedural delay; or,
b. For Work that is inconsistent, attempt to reach mutually satisfactory resolutions that satisfy the Owner’s interests and the Commission’s concerns.
2. Allow the Commission to provide an applicant with information and best practices concerning historic rehabilitations, restorations, and adaptive reuses within the Village.
B. Who May Apply. Any Qualified Representative may apply, as or on behalf of an Owner, for Advisory Review.
C. Application. In addition to the general requirements of Section 9-14-10 concerning applications, the applicant must provide:
1. For a request for Demolition of a Building, whether or not Protected, a complete Demolition Letter of Intent is required.
2. For all other requests subject to Advisory Review, a detailed description of the proposed Work is required, as well as any architectural drawings, sketches, and photographs indicating how and to what extent the Work will affect any Protected Features. Such information may be in the form of a partial or complete application for a building permit.
D. Notice.
1. Protected Demolition (Mailed and Sign). Where the Demolition of a Protected Feature is proposed, the Village will provide mailed notice to surrounding properties as well as one or more signs for the subject property announcing that it is under Advisory Review, all as provided in Section 9-14-10.
2. Demolitions Over 50 Years Old (Sign). Where the Demolition of a Building over 50 years old is proposed, the Village will provide one or more signs for the subject property announcing that it is under Advisory Review as provided in Section 9-14-10.
3. All Other Work (Sign). For all other requests, the Village will promptly provide one or more signs for the subject property announcing that it is under Advisory Review as provided in Section 9-14-10 only if the Review is not terminated after the Commission’s first consideration of the Review.
E. Procedure.
1. Initial Meeting. Upon receipt of an application and after providing any required public notice as well as reasonable notice to the applicant, the Commission will conduct its review at a regular or special meeting of the Commission. At the conclusion of its initial review during the meeting, the Commission must, by motion, determine that:
a. The Work is not inconsistent with the criteria provided in Section 9-14-30 and that no further review is necessary, thereby terminating Advisory Review as described in Subsection F(1) of this Section;
b. The Work is inconsistent with the criteria provided in Section 9-14-30, and further review is necessary; or
c. Insufficient information is present to determine the Work’s consistency with the criteria provided in Section 9-14-30, thereby requiring further review.
Exception: Where notice by a posted sign is required by this Section, the determination required by this Subsection must be deferred until the sign has been posted for at least seven days.
2. Subsequent Meetings. Following its initial review meeting, the Commission may continue to review the Work in subsequent meetings or may allow the delay period to elapse without any further consideration.
F. Maximum Review Duration (Delay). No sooner than (i) 120 days following the submittal of a complete application to Demolish a Protected Feature or a Building that is not Protected but over 50 years old, or (ii) no sooner than 35 days following the submittal of a complete application for any other Work, the applicant may notify the Building Commissioner in writing that it no longer intends to participate in the Advisory Review process. After such notification, and notwithstanding any determination of the Commission, the Advisory Review is terminated, the Work is Authorized, and the Building Commissioner will evaluate the Work strictly on its merits under all other Village codes and regulations. The applicable delay period, whether 120 or 35 days, is modified under the following conditions:
1. Termination by Commission. The Commission may terminate Advisory Review if it determines that the Work is consistent with the criteria provided in Section 9-14-30; provided that the Work need not satisfy each and every criteria provided therein. Where notice by a posted sign is required by this Section, the Commission may not terminate its review under this Subsection unless the sign has been posted for at least seven days.
2. Extension by Village Board of Trustees. The Village Board of Trustees may, in its sole discretion and by resolution duly adopted, extend the time period for Advisory Review by 30 days where it determines that an extension will promote the purpose of this Section, the purpose and goals of this Chapter, and the public welfare without causing undue hardship on the applicant. The resolution must set forth what objectives the Village Board aims to achieve during the extension.
3. Extension for Failure to Appear. The maximum time period set forth in this subsection shall be tolled and not run if the applicant fails to participate in at least one Advisory Review meeting. (Ord. 2022-10, 3-28-2022)