(A) Upon denial of a COA, the Commission shall notify the applicant in writing of their denial decision within 5 days and shall recommend changes, if any, in the proposed action that would cause the Commission to reconsider its denial.
(B) Within 15 days of receipt of the notification of disapproval, the applicant may resubmit an amended application for a COA that takes into consideration the recommendations of the Commission. The application shall be considered to be withdrawn if no written modification on request for public hearing is received. Within 45 days of receipt of an amended application for a COA, the Commission must either issue the COA or hold a hearing.
(C) The procedure upon resubmission of a modified COA is as follows:
(1) The Commission shall select a reasonable time and place for the hearing on the modified COA and give due notice thereof to the applicant by mailing notice of the hearing. The mailing is to be made at least 10 days prior to the date of the hearing.
(2) Notice of the date, time place and purpose of such public hearing shall be published not less than 15 days nor more than 30 days before the hearing, in a newspaper of general circulation within the Village. Other persons, including, but not limited to, owners of property abutting the property that is the subject of the amended COA request, may be notified at the discretion of the Commission.
(3) The Chairperson shall conduct the hearing and the Historic Preservation Commission and the applicant shall have the right to introduce evidence and cross examine witnesses. A recorded or written transcript of the hearing shall be made and kept.
(4) The Commission shall vote, announce its decision, make its recommendation, and notify the Planning Department and the applicant within 5 days after the conclusion of the public hearing, unless the time is extended by mutual agreement between the Commission and the applicant.
(5) In the event of a denial of a modified COA request by the Commission, the applicant may appeal the decision of the Village Board, whose decision shall be final subject only to judicial review as provided by law.
(Ord. C0-08-29, passed 7-15-2008)