(A) Proposals to designate or expand historic districts or designate historic landmarks may be initiated by the Historic Preservation Commission, a property owner or by motion of the Village Council. Proposals initiated by property owners or Council shall be referred to the Historic Preservation Commission for recommendation and initiation of the formal designation process.
(B) The Commission must also determine if the property meets one or more of the following criteria:
(1) Its character, interest or value as part of the development, heritage or cultural characteristics of the Village, state or nation;
(2) Its location as a site of a significant historic event;
(3) Its identification with a person significant in our past;
(4) Its exemplification of the cultural, economic or social heritage of the Village, state or nation;
(5) Its portrayal of a group of people in an era of history, characterized by a distinctive architectural style;
(6) Its embodiment of distinguishing characteristics of a building type or architectural style;
(7) Its embodiment of elements of architectural design, detail, materials or craftsmanship, which represent a significant architectural innovation;
(8) Its identification as the work of an architect or master builder who work has influenced the Village, state or nation;
(9) Its potential to yield information important in prehistory or history (archaeology).
(C) In making a new designation, the Commission shall take the following action:
(1) The Commission shall notify the owner, by mail, of any proposal to list their property. For the purpose of designation or expansion of a group or district, notice shall be published once in the Village bulletin and shall be mailed or otherwise distributed to each owner of real property located within such group or district.
(2) Upon receipt of the owner's consent to designation, the Historic Preservation Commission shall make a recommendation concerning the designation of the property to the Planning Commission. Once the proposal to establish or expand a preservation district or to designate an individual property or structure as a historic landmark has been reviewed, the Historic Preservation Commission shall schedule a public hearing. The public hearing shall not be more than 30 days after such a proposal is submitted. Notice of the public hearing shall be given according to the following:
(a) The HPC shall give the owner(s) not less than 14 days' written notice of the date, time and place of such hearing.
(b) Notice of the public hearing shall be given to at least one or more newspapers of general circulation in the Village. The notice shall be published at least ten days before the date of the hearing.
(c) Notices shall include the time and place of the public hearing, a summary of the proposal and a statement that opportunity to be heard will be afforded to any person interested. Failure of delivery of such notice shall not invalidate any such amendment.
(d) The original application, all comments and additional considerations presented at the public hearing, and the recommendation of the HPC shall be forwarded to the Planning Commission for its consideration.
(3) If the owner of individual properties refuses or declines to give their written consent to a proposed listing, and the Commission feels it is of considerable importance to the community that the property be listed, then the following procedure shall be followed, which shall also be the procedure followed in the designation of all historic districts:
(a) The Commission shall transmit to Village Council and the Planning Commission its recommendations, in writing, for the creation of a historic district or the listing of any landmark.
(b) The Planning Commission shall hold a public hearing on the proposed designation or listing.
(c) After receiving recommendations concerning the proposed designation or listing from the Historic Preservation Commission and the Planning Commission, and before making a decision on the designation or listing, Village Council shall hold a public hearing. Village Council shall give due consideration to recommendations of the Historic Preservation Commission and the Planning Commission, as well as such views as are expressed by persons participating in the hearings before such Commissions, in making its determination with respect to the proposed designation. Village Council must act on the proposed designation within 45 days after the public hearing. Village Council may designate a landmark or a historic district at any regular or special meeting of Village Council.
(d) If Village Council approves the listing of a property or designation of a historic district, the Commission shall notify the owner of such decision. If the proposed designation is disapproved by Village Council, the Commission may, after a period of 60 days, resubmit the proposal to Village Council for reconsideration.
(4) Once Council decides on landmark or historic district designation, the Historic Preservation Commission shall notify the Building Inspector and relevant Village offices of the official designation. The Director of Planning shall cause the historic district or historic landmark designation to be shown upon the official zoning maps as an overlay without changing the underlying zoning. Whenever there is conflict between regulation of the zoning district and the regulations of the historic district, the more restrictive shall apply.
(5) No application for demolition or alteration may be approved while an application for designation is before the Historic Preservation Commission, Planning Commission, or Village Council.
(Res. R-2628-20, passed 2-17-20)