(A) A determination on an application shall be made based upon an affirmative vote of at least three members of the Design Review Board.
(B) Notice of the time, date and place of the Board's consideration shall be sent by regular mail to the owners of property within the village, as reflected on the village tax assessment records, within 300 feet of the boundaries of the property which is the subject of the application. The Board may continue consideration of an application to a new meeting date, and if a date certain is specified for such new meeting, a new notice shall not be required. If a meeting is continued without specifying a date certain, a new notice shall be sent as specified above.
(C) Within 45 days from the date of the meeting at which an application for design review first appeared on a Design Review Board agenda, the Board shall approve, conditionally approve or disapprove the application. The application shall be deemed approved if no action is taken by the Board within the 45-day period unless an extension of time is not objected to by the applicant or an extension is found necessary by the Board in order to receive reports from other persons, agencies or departments. An approval granted based upon the failure to act by the Board must be requested by the applicant by letter to the Clerk's office. If the Clerk determines that the 45-day period has expired and that the applicant has objected to an extension of time beyond the 45-day period, and the Board has not determined that an extension is necessary in order to receive reports from other persons, agencies or departments, the Clerk shall transmit notice of approval of the application in the same manner provided above for giving notice of the time, date and place of the Board's consideration of an application.
(D) If actual construction pursuant to a building permit, and in accordance with the approval granted by the Board has not been commenced within one year from the date of Board approval, such approval shall expire and shall be null and void unless extended by the Board upon request received by the applicant within the period of effectiveness of the approval. For purposes of this division, the approval of the Board shall be deemed to be the date on which the Board's vote was taken, or, if an approval is granted based upon the failure to act, upon the date of notice by the Clerk that the decision has been made, as provided in division (C) of this section.
(O.C. Ch. 55, Art. V) (Am. Ord. 145, passed 2-28-94)