(A) The owners of buildings or structures which have been designated as national historic landmarks by the federal government (individually, and not simply by virtue of their location within the Riverside landscape architectural district) who seek to restore such building or structure more nearly to its original condition, may seek a waiver from or modification of any village code, ordinance, requirement, or regulation in order to further such restoration. Such waiver or modification may be granted only if the following criteria are satisfied:
1. The changes proposed will enhance the building's or structure's authenticity with regard to those characteristics for which it was designated a national historic landmark; and
2. The proposed changes will not create a health or safety hazard; and
3. The benefits from the proposed changes will outweigh any adverse consequences.
(B) Application for such waiver or modification shall be filed with the village manager. The village manager shall forward the application to the Riverside preservation commission within seven (7) days of its receipt. The preservation commission shall schedule a hearing on the application, at which time the applicant shall be allowed the opportunity to present such information and evidence as the applicant may deem appropriate, or as the commission may require. Following such hearing, the preservation commission shall issue a report and recommendation to the village board. Such report and recommendation shall be issued within sixty (60) days of receipt by the preservation commission of the application. The village board shall then determine whether the waiver or modification shall be granted, based upon the criteria set forth in subsection (A) of this section and upon the recommendation of the preservation commission.
(C) If the applicant seeks a waiver or modification of a requirement set forth in the Riverside zoning ordinance, then the applicant shall apply for a variation from the requirement of the zoning ordinance pursuant to section 10-2-2-2 of the zoning ordinance, rather than seeking a waiver or modification pursuant to this section. (Ord. 2382, 10-15-2001; amd. Ord. 2550, 12-19-2005)