A. Delay for Preservation of Significant Structure.
1. Upon finding that a building or structure proposed to be demolished meets the standards for significance set forth in Section 15.52.060(C)(5), the Landmark Preservation Commission may order that the issuance of the permit be delayed for a period up to, but not to exceed, 270 days from the date that the Landmark Preservation Commission makes a preliminary determination pursuant to Section 15.52.040A. of this Code, to afford an opportunity to find alternatives to demolition. Notwithstanding anything to the contrary contained in this subsection, the maximum delay on the issuance of a permit that may be ordered by the Landmark Preservation Commission on any complete demolition permit application filed prior to March 16, 2021 shall be 270 days from the date the complete application was filed with the Director.
2. The delay order shall be issued to the owner, with a copy to the Director, and shall identify and evaluate the structure's historical or architectural significance, propose preservation alternatives and relevant planning considerations based on such evaluation, encourage interest in and understanding of preservation in the whole of the Village as it may be applicable to the demolition permit request under review, and encourage and provide means of communication and exchange of views between the applicants and the owners and occupants of properties within two hundred fifty (250) feet of the subject property.
3. The delay order may include a request for a conference with the owner. Any delay by the applicant in complying with such request shall be added to the delay period allowed in this section.
4. The Commission shall determine its recommendations for saving the building and transmit them in writing to the applicant, and attempt to work out a mutually satisfactory solution. A copy of the Commission’s recommendations shall be forwarded to the Director and to the Village Council.
5. If the Landmark Preservation Commission orders the delay of the issuance of a demolition permit pursuant to Section 15.52.070.A.1 of this Code, the owner may appeal the Landmark Preservation Commission's order to the Village Council. The appeal, and the specific basis for the appeal, must be filed in writing with the Director within seven days after the issuance of the Landmark Preservation Commission's order. The Village Council shall hear the appeal no more than 45 days after the appeal is filed with the Director. Not less than 10 or more than 30 days before the Village Council meets to consider the appeal, the Director shall issue notice to the same persons and entities to whom notice was issued pursuant to Section 15.52.040. of this Code. In considering the appeal, the Village Council shall apply the standards set forth in Section 15.52.060.C of this Code, and at the conclusion of its consideration of the appeal, uphold, modify, or reverse the order of the Landmark Preservation Commission by adoption of a resolution by an affirmative vote of at least four members of the Village Council.
(Prior code § 23.35) (MC-6-2000, Amended, 10/03/2000)
B. Delay for Public Convenience and Safety. The Director of Public Works may order that the issuance of a demolition permit be delayed if the proposed schedule for the demolition will interfere with previously scheduled works in the public rights-of-way in the immediate vicinity of the subject property, or if the Director of Public Works determines that delay is necessary to prevent undue congestion and noise impacts in the neighborhoods when the traffic or noise from the proposed demolition combined with traffic or noise from previously scheduled public works projects in the immediate neighborhood.
C. Emergency Delay. The Village reserves the right to delay the issuance of a demolition permit in the event of an emergency if the Village Manager determines that the demolition work will delay or otherwise interfere with the Village’s response to the emergency.
D. Administrative Delay. The Director may delay the issuance of a demolition permit for up to sixty (60) days if one or more building or demolition permits for primary structures have been approved for properties, for which work is continuing, on either side of the right-of-way block face and/or alley along which the property is located, or if the Director determines that a delay is necessary to prevent undue congestion and noise impacts in the neighborhood.
(Amended MC-10-2002, 11/19/02)
E. Duration of Delay. The delays authorized by subsections B and D of this Section shall begin no earlier than the end date of the delay period authorized by the Landmark Preservation Commission pursuant to Section 15.52.070.A of this Code. The delays authorized by this section shall be promptly terminated by the person imposing the delay when the conditions giving rise to the delay cease to exist, provided that, in no instance shall a delay authorized by subsection A or D of this section exceed 60 days.
(MC-2-2021, § 6, Amended 03/16/2021; MC-5-2009, Amended, 05/05/2009)