(A) When a certificate of appropriateness or a certificate of economic hardship is denied for either a landmark or a building, structure, site, property, area,
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or part thereof within a historic district, the applicant may, within 30 days, appeal the Commission’s decision to the Village Board by filing a notice of appeal with the Village Clerk. The Village Board may receive comments on the contents of the record but may not consider any new matter in reaching a decision. The Village Board may affirm the decision or recommend changes by a majority vote of the members present after due consideration of the facts contained in the record submitted to the Board by the Commission. The Village Board may, by a majority vote of four or more members, overturn the Commission’s decision. If the Village Board decides that a certificate of economic hardship or certificate of appropriateness should be issued, the Secretary shall notify the applicant and the Director of Community Development within 7 days of the Board’s decision and the Director of Community Development shall then issue the permit within 15 days.
(B) If the Village Board concurs with the Commission’s decision not to issue a certificate of economic hardship or certificate of appropriateness, the Secretary shall notify the applicant and the Director of Community Development within 7 days.
(C) Denials on appeal by the Village Board of COA’s or certificates of economic hardship shall be final subject only to judicial review as provided by law.
(Ord. C0-08-29, passed 7-15-2008; Am. Ord. CO-09-27, passed 10-6-2009)