A. Review Required; Purpose. No Alteration or Demolition may occur to a Certified Feature without first satisfying the requirements of this Section. 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 Certificate 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 Certificate 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 Certified Features. Such information may be in the form of a partial or complete application for a building permit.
D. Notice.
1. 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 Certificate Review, all as provided in Section 9-14-10.
2. All Other Requests (Sign). For all other requests, the Village will provide one or more signs for the subject property announcing that it is under Certificate 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. Certificate of Appropriateness. An applicant may seek the Commission’s approval of an Alteration or Demolition by demonstrating that it is consistent with the criteria provided in Section 9-14-30. It is the burden of the applicant to establish these circumstances. Upon receipt of an application and after providing any required public notice as well as reasonable notice to the applicant, the Commission must conduct its review at a regular or special meeting of the Commission. At the conclusion of each meeting to conduct the review, the Commission must, by motion and with the affirmative vote of at least four Commissioners, make one of the following determinations:
a. Approved. The proposed Work is consistent with the criteria provided in Section 9-14-30, upon which finding the Certificate Review is terminated and the Work Authorized;
b. Approved with Conditions. The proposed Work would be consistent with the criteria provided in Section 9-14-30 if the Work is undertaken subject to certain conditions, upon which finding the Certificate Review is concluded and the Work Authorized subject to said conditions. Said conditions are binding upon the applicant if the Work is undertaken unless appealed prior to the commencement of the Work.
c. Continuance or Denial. That the Certificate Review should be continued, or the application denied, because either:
(1) The Work is inconsistent with the criteria provided in Section 9-14-30; or
(2) Insufficient information is present to determine the Work’s consistency with the criteria provided in Section 9-14-30, or additional investigation or time for consideration is necessary; provided that the applicant must be provided a minimum of one continuance to provide additional information for the Commission before a denial on this basis.
2. Certificate of Economic Hardship. As an alternative to a Certificate of Appropriateness, or subsequent to the denial or conditional approval of a Certificate of Appropriateness, an applicant may seek the Commission’s approval of an Alteration or Demolition in spite of acknowledged inconsistency with the criteria provided in Section 9-14-30 by demonstrating the presence of a financial hardship as the Property cannot be put to a reasonable beneficial use or that the Owner cannot obtain a reasonable economic return from the Property absent the proposed Work. It is the burden of the applicant to establish these circumstances.
a. Evidence of Hardship. Any applicant seeking a Certificate of Economic Hardship is encouraged to submit all of the following additional information as may be available to substantiate the claimed hardship and to assist the Commission in its determination:
(1) Evidence of any attempt to contact the State Historic Preservation Agency to apply for any favorable treatment available for historic properties under statute.
(2) A report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of the building or structure on the property and its suitability for and the economic feasibility of rehabilitation or reuse.
(3) The amount paid for the property, the date of purchase, and the party from whom purchased (including a description of the relationship, if any, between the owner and the person from whom the property was purchased).
(4) The assessed value of the land and improvements thereon according to the two (2) most recent assessments.
(5) Real estate taxes for the previous two (2) years.
(6) Remaining balance mortgage, if any, and annual debt service, if any, for the previous two (2) years.
(7) All appraisals obtained within the previous two (2) years by the owner or applicant or their lenders in connection with the purchase, financing, or ownership of the property.
(8) Any listing of the property for sale or rent, price asked, and offers received, if any.
(9) Any consideration by the owner as to profitable adaptive uses for the property.
(10) If the property is income producing, the annual gross income from the property for the previous two (2) years, itemized operating and maintenance expenses for the previous two (2) years, and annual cash flow before and after debt service, if any, during the same period.
(11) Form of ownership or operation of the property, whether sole proprietorship, for profit or not for profit corporation, limited partnership, joint venture, or other.
(12) Any other information, including the income tax bracket of the owner, applicant, or principal investors in the property, reasonably necessary for a determination as to whether the property can be reasonably sold or yield a reasonable return to present or future owners.
b. 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 and any continuation, the Commission must, by motion, conclude that:
(1) The applicant has established that, based on the evidence provided, a financial hardship may exist that is meritorious of further study by the Village; or,
(2) The applicant has failed to demonstrate that a financial hardship exists, and the application is denied.
c. Study Period. If the Commission finds that a financial hardship may exist absent approval of the proposed Work, any further consideration of the application is to be delayed for a period not to exceed 60 days. During this period of delay, the Commission will make recommendations to the Village Board to alleviate the alleged financial hardship or to otherwise preserve the subject property. Such plans and recommendations may include, without limitation: a relaxation of the provisions of this Chapter; a reduction in real property taxes; financial assistance; building code modifications; and/or zoning or subdivision relief.
d. Decision on Approval. The Commission may issue a Certificate of Economic Hardship to Authorize the Work where it determines, by the affirmative vote of at least four Commissioners, that a financial hardship persists at the end of the Study Period.
3. Notice to Owner. If the Owner is not present when an application is denied or approved with conditions, the Building Commissioner will cause notice of the Commission’s decision to be served either by personal delivery or by certified mail, return receipt requested. The Owner is deemed notified of the decision as of the date of mailing.
F. Appeals. Where a Certificate Review is denied or approved with conditions, the applicant may appeal the Commission’s decision to the Village Board by filing an appeal in writing with the Village Administrator within 15 days of being notified of the decision. The Village Board’s review is not a public hearing. The Board may receive comments on the contents of the record but no new matter may be considered by the Village Board unless such matter is new or was not known at the time of the Commission’s deliberations. The Village Board will review and give due consideration to the findings, recommendations, and record of the Commission and thereafter may affirm the Commission’s decision or else provide approval to the applicant with or without conditions. (Ord. 2022-10, 3-28-2022)