(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 nominated area meets 1 or more of the above criteria for a historic district and therefore merits consideration for designation as a historic district.
(B) A preliminary determination as to whether a nominated area meets 1 or more of the foregoing criteria 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 nominated area merits consideration for designation as a historic district.
(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 property owners immediately adjoining the proposed district, 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 area meets the criteria set forth in § 158.09 (Criteria for Historic District Designation).
(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 area does or does not meet the criteria for designation as a historic district.
(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 to a date certain.
(H) If the Commission, upon a roll call vote, determines that the nominated area meet the criteria for official historic district 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 area. Whenever possible, the written consent of owners within the nominated area to designation of the area as a historic district shall be obtained and forwarded to the Village Board with the recommendation and findings.
(I) Approval of an ordinance by the Village Board is necessary for approval of a historic district designation.
(J) If the Village Board approves the application for a designation, a notice will be sent to the property owner(s) within the district, nominator(s), 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 Board of Trustees denies the petition, no petitioner or applicant can refile for 90 days to the Secretary of the Commission.
(K) A certificate of appropriateness shall be required for alteration, construction, removal or demolition of buildings, structures, sites, properties and within a proposed historic district from the date when the nominating application is presented to the Commission until the final disposition of the request. Buildings, structures, sites, properties and areas within areas designated as historic districts 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