(A) Following preliminary site plan review by the Planning Commission, if required by ordinance, all plans for non-single family residential detached structures and accessory structures shall be submitted to the Commission for examination and determination of whether the proposed structure(s) will conform to proper design guidelines and the general character of the area and be conducive to the proper development of the Town and its existing environment. Pursuant to certain provisions of the Zoning Ordinance, the Development Director is vested with authority to grant approval, in lieu of the Design Review Commission, of certain contemplated improvements to property. Review and approval by the Development Director and the Commission is a prerequisite to the issuance of a building permit and/or an occupancy permit. The review process outlined in subsections (1), (2) and (3) of this section shall apply to every application, except the provisions of subsection (1), which shall be optional upon the request of the applicant and approval of the Commission.
(1) Applicants for design review certification shall submit to the Town planning staff photographs, site plans, site landscaping plans, photometric plans and building elevation plans as specifically required by the Design Guidelines. The Town planning staff shall review such materials and make available to the applicant its report and recommendation one week prior to the date of the hearing before the Commission.
(2) Within 45 days following the submission of the application, the Commission, or Development Director if the matter is one which can be approved by the Development Director, shall approve, approve with conditions or disapprove an application for design review certification unless the Commission or the Development Director, as applicable, and the applicant agree to a greater time period. Absent such an agreement, all applications not acted upon by the Commission, as applicable, within 45 days shall be deemed approved. Minutes shall be kept of the Development Director or Commission’s proceedings reflecting the findings of the Commission and reasons for its decisions shall be clearly stated in the record. An approved application and its supporting exhibits shall be endorsed as approved by the Commission or its authorized representative. When a matter is approved by the Development Director, a writing evidencing such approval shall be made a part of the permanent records of the Town.
(B) Upon approval by the Development Director or the Commission, as the case may be, the Building Official may issue a building permit and/or occupancy permit, provided that the applicant has complied with all other codes, ordinances, regulations and procedures required for such permits. The reasons for disapproval shall be certified to the applicant in writing along with the recommended changes to bring the plan into conformance with the criteria considered. When an application is disapproved by the Development Director, the applicant shall be advised of his or her right of appeal to the Commission, and if not approved by the Commission, the applicant shall be advised of his or her further right to appeal.
(`00 Code, § 11-1507) (Am. Ord. 2009-12, passed 10-26-09; Am. Ord. 2010-01, passed 8-23-10)