1115.05 HISTORIC PRESERVATION OVERLAY DISTRICT PROCEDURES FOR ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS BY THE HISTORIC PRESERVATION OVERLAY REVIEW BOARD.
   (a)    An application for a certificate of appropriateness shall be made on a form provided by the Zoning Officer. New construction and major additions or alterations and/or demolitions shall be reviewed by the Historic Preservation Overlay Review Board. The Historic Preservation Overlay Review Board shall meet as necessary on the dates of regularly scheduled Planning Commission Meetings to review applications that have been received by the Village at least ten working days prior to each regularly scheduled meeting. The Chairperson may call additional meetings from time to time on dates other than regularly scheduled Planning Commission meeting dates. The applicant shall be informed of the time and place at which the Historic Preservation Overlay Review Board will consider the application, and the applicant shall be permitted to be heard at that meeting.
   (b)    An application for a certificate of appropriateness is not considered complete until all illustrative material necessary to adequately describe the proposed project has been submitted. The Historic Preservation Overlay Review Board may refuse to consider an application for a certificate of appropriateness if it determines that insufficient information has been provided by the applicant.
   (c)   Every application or review involving new construction of buildings and other site improvements or major alterations or additions to existing structures in the Historic Preservation Overlay District falling within the scope of this ordinance shall be accompanied by drawings of the proposed structures, site improvements, or alterations. Such drawings shall comply with the standards of Section 1149.04 of this Zoning Code. In addition, such plans shall be accompanied by samples of materials for review and clarification. Such documents shall be filed with the Village, in sufficient number for the Historic Preservation Overlay Review Board, with the appropriate fees and deposit, if required.
   (d)    Prior to either the preparation of working drawings and specifications or calling for proposals or bids from contractors, applicants are encouraged to prepare preliminary scale drawings and outline specifications, including samples, for review and informal discussion with the Historic Preservation Overlay Review Board. The purpose of this review shall be to identify any inconsistencies between the proposed work and the design guidelines and allow for discussion of alternate treatments.
   (e)   In reviewing an application for a certificate of appropriateness, the Historic Preservation Overlay Review Board shall follow the following procedures and criteria.
      (1)   The Historic Preservation Overlay Review Board shall state the basis for its determination and evaluate whether:
         A.   The building, structure, appurtenance, or site will be properly preserved.
         B.   The proposed work is consistent with the historic and architectural character of the building, structure, appurtenance, or site and complies with the standards established by Section 6.
         C.   The project will have a negative impact on the historical or architectural character of the property or site.
      (2)   If the structure does not receive a positive review from the Historic Preservation Overlay Review Board, then a certificate of appropriateness shall not be issued, unless:
         A.   The proposed alterations are necessary for the continued viability of the structure, and the costs of making the improvements in such a manner to meet the above findings render the building incapable of earning an economic return upon its value at the time or upon future sale of the property.
         B.   The proposed project is required for the physical functioning of the building or health or safety reasons, with no reasonable alternative available.
         C.   If the Historic Preservation Overlay Review Board finds that either of the latter two circumstances exists, every effort shall be made to minimize the adverse impact of the work and allow for the work to be reversed in the future.
      (3)   Requests for approval of demolition shall follow the procedures established in Section 7.
   (f)   In reviewing an application for a certificate of appropriateness, the Historic Preservation Overlay Review Board shall not consider interior arrangements, detailed designs, or features not subject to public view and/or view from surrounding properties. The Board shall not impose any requirements except for the purpose of preventing developments that are architecturally incompatible with the historic aspects of the Historic Preservation Overlay District.
   (g)   If the Historic Preservation Overlay Review Board approves an application, it shall issue a certificate of appropriateness which shall be signed by the Chairperson or Vice Chairperson and be attached to the application and transferred to the office of the Zoning Officer. All prints approved by the Historic Preservation Overlay Review Board shall be stamped accordingly. The Zoning Officer shall thereupon process the application in the usual manner.
    (h)    If the Historic Preservation Overlay Review Board disapproves such plans, it shall state its reason for doing so and transmit a record of such action and reason to the Zoning Officer and the applicant. At that point, no further action shall be taken by the Zoning Officer on the application. The applicant may modify the application to make it acceptable to the Zoning Officer or Historic Preservation Overlay Review Board and shall have the right to resubmit the application at any time. In the alternative, the applicant may appeal the decision to the Board of Zoning Appeals. The appeal shall be filed on the appropriate forms within thirty (30) days of receipt of the decision of the Historic Preservation Overlay Review Board.
   (i)   The Historic Preservation Overlay Review Board shall act within 60 days of receipt of a complete application. The failure of the Historic Preservation Overlay Review Board to approve or disapprove such application within such time, unless mutually agreed upon by the applicant and the Historic Preservation Overlay Review Board, shall be deemed to constitute approval, and the Zoning Officer shall thereupon process the application without regard to the certificate of appropriateness.
   (j)   After the permit has been processed by the Zoning Officer in accordance with these procedures, the project shall, from time to time, be inspected in the field to review the construction, reconstruction, alteration, maintenance, or repair. Necessary action shall be taken to assure compliance with the approved application.
(Ord. 21-2020. Passed 12-14-20.)