A. Public Hearing Not Required: Review of applications pursuant to section 13-1-7 of this chapter (other than for a proposed demolition) may be conducted by the commission's architectural review subcommittee comprised of two members and does not require a public hearing. Applications regarding proposed window replacement shall be reviewed within seven days of commission's receipt of proposed alterations, including photographs of current conditions and proposed replacements; all other proposed alterations requiring review (except proposed demolition) shall be reviewed by the commission at its next scheduled meeting within thirty days following the commission's receipt of such completed application and materials; provided, however, the review shall be conducted by the architectural review subcommittee of the commission comprised of two members if no commission meeting is scheduled to occur (or held) within such thirty days. Any application denied without a public hearing shall be set for a public hearing at the request of the applicant, which hearing shall proceed in accordance with subsection B of this section.
1. Hearing Procedures: Within sixty days of the proper filing of a complete application, or if requested by the applicant pursuant to subsection A of this section, a public hearing shall be held by the commission. Notice of such public hearing, summarizing the application, shall be published at least fifteen days (and not more than thirty days) in advance of such public hearing in a newspaper of general circulation in the village. Said notice shall be sent via U.S. certified mail, return receipt requested by the applicant to all owners of property within five hundred feet of the subject property at least fifteen days in advance of such public hearing. An affidavit regarding proof of mailing of the notice shall be provided by the applicant to the village prior to the commencement of the public hearing. The village shall, at the applicant's cost, post a sign in front of the subject building so as to be readily visible from the frontage street at least fifteen days in advance of such public hearing which shall contain the following information: a) in the case of a proposal demolition requiring a certificate of appropriateness, as described in subsection 13-1-6A of this chapter, capitalized words: "APPLICATION FOR DEMOLITION PERMIT"; b) date, time and location of the hearing; c) property address; d) name and address of the applicant, if not the owner of the property; e) name and address of the owner of the property; and f) statement that all interested persons will be heard, that written comments may be submitted in advance if such interested person is unable to attend the hearing, as well as information detailing where to obtain copies of the application and meeting agenda.
2. Findings By The Commission: The commission shall review all evidence and (as applicable), either:
a. Determine if the application does or does not meet the requirements of the definition of a "local landmark"; and the commission may either grant or deny designation of local landmark status, as applicable. In the event the subject property is listed on any national or state registry of historic, landmark or architecturally significant properties, the commission may consider such listing as prima facie evidence that the requirements for designation as a local landmark have been met;
b. Determine if the proposed alteration or demolition of a local landmark would be detrimental to the historical, architectural or cultural resources of the village and the commission may either grant or deny a certificate of appropriateness for the repair, rehabilitation, reconstruction, restoration, demolition, improvement or signage, as applicable;
c. Issue a certificate of appropriateness for the demolition of a property listed on the village survey of architecturally or historically significant properties; or
d. Withhold a certificate of appropriateness for the demolition of a property listed on the village survey of architecturally or historically significant properties and, in such event, issue a certificate of demolition delay for a period of not more than six (6) months for significant properties that are not zoned in the PRI Public, Recreational and Institutional District, and not more than twelve (12) months for significant properties that are zoned in the PRI Public, Recreational and Institutional District, following the filing of an application for a demolition permit with the village.
The applicant may present evidence of economic hardship during the public hearing. In any of such events, the commission shall render a written decision within fifteen days following the completion of a public hearing, and cause the decision to be served upon the applicant.
3. Reconsideration: An applicant whose application is denied may request reconsideration of the commission's withholding of a certificate of appropriateness by filing a written request within thirty days after the decision is rendered; provided, however, that the commission shall reconsider an application only if substantial new evidence or information regarding the subject property is provided, including a claim of economic hardship as set forth in subsection 13-1-6G of this chapter, if not previously presented during the public hearing. Such request for reconsideration shall be subject to the provisions of subsection B1 of this section. Once an application has been denied upon reconsideration, no further applications involving substantially the same relief under this chapter for any structure, building, site, or area may be filed for one year.
4. Meeting With Commission: The owner of a local landmark or significant property as designated on the significant properties survey shall, from and after the filing of an application for a certificate of appropriateness for the proposed demolition of such local landmark or significant property and until the earlier of: a) the expiration of such demolition delay period (regarding a significant property); or b) the decision of the village board (following an appeal) to reverse the commission's decision to withhold a certificate of appropriateness for the proposed demolition, meet with the commission in order to consider and discuss such proposal, as well as explore potential preservation solutions including finding a prospective owner to purchase, preserve, rehabilitate or restore the property (or such other reasonable alternative to demolition). Such meetings shall be scheduled by the commission and may be conducted by a two member subcommittee and do not require a public hearing.
C. Successive Applications:
1. Second Applications Without New Grounds Barred: Whenever any application filed pursuant to this chapter has been finally denied on its merits, a second application seeking essentially the same relief, whether or not in the same form or on the same theory, shall not be brought unless in the opinion of the village administrator and the village attorney there is substantial new evidence available or a mistake of law or fact significantly affected the prior denial.
2. New Grounds To Be Stated: Any such second application shall include a detailed statement of the grounds justifying consideration of such application.
3. Summary Denial With Or Without Hearing: Any such second application may be denied summarily, and without hearing, on a finding that no grounds appear that warrant a new hearing. In any case where such application is set for hearing, the applicant shall be required to establish grounds warranting reconsideration of the merits of its application prior to being allowed to offer any evidence on the merits. Unless such grounds are established, the application may be summarily dismissed for such failure.
D. Burden Of Proof: The burden of proving each requirement for the relief sought shall remain with the applicant throughout all proceedings. (Ord. 3589, 3-14-2016; amd. Ord. 3850, 12-13-2021)
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