(A) Upon the filing of a nominating application that meets all the requirements of this chapter, the Commission or its designee shall, upon investigation as it deems necessary, make a preliminary determination as to whether a property, structure, building, site or area possesses the integrity of design, workmanship, materials, location, setting and/or feeling to merit consideration for designation as a landmark and meets 1 or more of the above criteria.
(B) A preliminary determination as to whether a property, structure, building, site or area merits consideration for designation as a landmark shall be made by the Commission within 45 days of filing of a nomination with the Commission, unless such matter is continued by the Commission on its motion or for good cause shown.
(C) The Commission shall schedule a public hearing to be held within 60 days after its preliminary determination that a property, structure, building, site or area merits consideration for designation as a landmark.
(D) Notice of the date, time, place and purpose of the public hearing shall be published in a newspaper having general circulation in the Village and sent by mail to owner(s) of record and to the nominator(s) as well as to the adjoining property owners, not less than 15 nor more than 30 days prior to the date of the hearing. The notice shall state the location of the property and a statement summarizing how the proposed landmark meets the criteria set forth in § 158.07 (Landmark Designation Criteria).
(E) During the public hearing, the Commission shall review and evaluate the application according to the criteria established by this chapter.
(F) The Commission, upon consideration of all information, testimony, evidence and other materials presented, shall make a determination as to whether the nominated property, structure, building, site or area does or does not meet the criteria for designation as a landmark.
(G) If the Historic Preservation Commission finds that the hearing or consideration of the application should be continued, then the Commission may table or continue the request until a date certain.
(H) A certificate of appropriateness shall be required for alteration, construction, removal or demolition of a proposed landmark from the date when the nominating application is presented to the Commission until the final disposition of the request.
(I) If the Commission, upon a roll call vote, determines that the nominated property, structure, building, site or area meet the criteria for official landmark designation, the Commission shall, within 30) days, forward its recommendation to the Village Board, along with the Commission’s findings of fact relative to the recommendation. Said recommendation and findings shall be accompanied by a map showing the location of the nominated property, structure, building, site or area. Whenever possible, the owner’s written consent to designation of the property as a landmark shall be obtained and forwarded to the Village Board with the recommendation and findings.
(J) Approval of an ordinance by the Village Board is necessary for final approval of a landmark designation.
(K) If the Village Board approves the application for a designation, a notice will be sent to the property owner(s), nominators), the Community Development Department, and the Village Clerk’s office, and the ordinance approving the designation shall be recorded with the County Recorder of Deeds. If the Village Board of Trustees denies the petition, no petitioner or applicant can refile for 90 days to the Secretary of the Commission.
(L) A certificate of appropriateness shall be required for alteration, construction, removal or demolition of a proposed landmark from the date when the nominating application is presented to the Commission until the final disposition of the request. Buildings designated as landmarks shall be subject to issuance of certificates of appropriateness.
(Ord. C0-08-29, passed 7-15-2008; Am. Ord. CO-09-27, passed 10-6-2009) Penalty, see § 158.99