A. Authority. The Village Manager, Plan Commission, and Board of*new 1997 Trustees, in accordance with the procedures and standards set out in this Section, may grant approval of building permit applications requiring exterior appearance review and approval pursuant to Subsections 3-108B and 4-107A of this Code.
B. Purpose. The appearance review process is intended to protect, preserve, and enhance the character and architectural heritage and quality of the Village, to pro-tect, preserve, and enhance property values, and to promote the health, safety, and welfare of the Village and its residents.
C. Parties Entitled to Seek Exterior Appearance Review. Applications for building permits requiring appearance review and approval pursuant to this Code may be filed by the owner of the subject property.
D. Procedure. *new 1997
1. Application. Applications for building permits requiring exterior appearance review and approval pursuant to this Code shall be filed in accordance with the requirements of Section 7-201 of this Code. In addition to information otherwise provided with a building permit application, an application for appearance review and approval shall also include the following information:
(a) Detailed plans depicting all work proposed to be done, including detail renderings of any exterior alterations and of the exterior of any proposed new building. Such rendering shall show proposed exterior colors and textures.
(b) A statement of how the work proposed to be done satisfies the objectives and criteria of the appearance guide.
(c) Such other and additional data, information, or documentation as the Village Manager or any board or commission before which its application is pending may deem necessary or appropriate to a full and proper consideration and disposition of the particular application.
2. Action by Village Manager.
(a) Referral to Plan Commission. Except as provided in Subparagraph 2(b) of this Subsection, the Village Manager shall deliver each application for a building permit for which appearance review and approval is required to the Plan Commission within 28 days after the filing of said application.
(b) Specified Categories of Applications. Whenever the Plan Commission shall specify categories of building permit applications, if any, for which the Village Manager is to undertake appearance review and approval, the Manager shall, within 28 days after the filing of such applications, review each such application in accordance with the criteria set forth in Subsection E of this Section. The Village Manager shall mail or personally deliver to the applicant a written decision within said 28 day period either approving, denying, or approving subject to modifications to the application. If the Manager approves such application for exterior appearance review and approval, or approves said application subject to modifications to which the applicant agrees in writing to accept, or if the Manager fails to mail or personally deliver to the applicant a written decision within said 28 day period, the application for appearance review shall be deemed final and approved and shall not be subject to further review by, or appeal to, any Village board or commission; otherwise a public meeting before the Plan Commission shall be conducted as provided for in Paragraph D3 of this Section.
3. Action by Plan Commission. Within 45 days after the Village Manager delivers to the Plan Commission a building permit application for which exterior appearance review and approval is required as provided for in Subparagraph D2(a) of this Section, or within 45 days after the Village Manager delivers a written decision on an application as provided for in Subparagraph D2(b) of this Section, the Plan Commission shall set, notice and hold a public meeting in accordance with the requirements of Section 7-203 of this Code and shall review said application in accordance with the criteria set forth in Subsection E of this Section. Within 35 days after the conclusion of the public meeting, the Plan Commission shall, by resolution adopted in accordance with Subsection 7-104H of this Code, either:
(a) Approve the application as submitted; or
(b) On the basis of written findings in accordance with Paragraph E2 of this Section, approve it subject to specific modifications; or
(c) On the basis of such findings, deny approval of such application.
If the Plan Commission approves the application for appearance review and approval or approves the application subject to modifications to which the applicant agrees in writing to accept, or if the Plan Commission fails to act within 35 days after the conclusion of the public meeting (or such further time to which the applicant may agree), the application shall be deemed final and approved and shall not be subject to further review by, or appeal to, any Village board or commission. If the Plan Commission denies the application or approves it subject to modifications that the applicant refuses to accept, then the applicant may file an appeal to the Board of Trustees in accordance with Paragraph D4 of this Section. If no such appeal is filed, the applicant shall be deemed to have abandoned and withdrawn the application for a building permit and appearance review and approval.
4. Appeal to Board of Trustees.
(a) Application for Appeal. An applicant may appeal a decision of the Plan Commission either denying an application for appearance review and approval or approving such application subject to modifications by filing with the Village Manager an application for appeal to the Board of Trustees within 21 days after the decision of the Plan Commission. Such application for appeal shall include the following information:
(i) A copy of the original application for appearance review and approval.
(ii) A statement of the applicant’s position as to the alleged errors in the Plan Commission’s actions on the application and as to why approval of the application is justified and proper.
The Village Manager shall promptly forward such application as well as the decision of the Plan Commission to the Board of Trustees.
(b) Board Action. The Board of Trustees shall consider each application for appeal at its first regular meeting scheduled not less than 21 days after the filing of such application for appeal, unless otherwise agreed to by the Village and the applicant. Upon review of the application for appeal and the decision of the Plan Commission, the Board of Trustees shall, by resolution duly adopted, either approve the application for appearance review and approval as submitted, or shall make modifications acceptable to the applicant and approve such modified application, or shall disapprove it in accordance with Subsection E of this Section either with or without a remand to the Plan Commission for further consideration. The failure of the Board of Trustees to act within 60 days after receipt of the application for appeal, or such further time to which the applicant may agree, shall be deemed an affirmance of the decision of the Plan Commission.
E. Design Guidelines and Criteria.
1. Design Guidelines. For purposes of this Section 7-503, the provisions of the design guidelines and criteria for the Village of Glencoe, which may be adopted or amended from time-to-time pursuant to resolution of the Village Board of Trustees (the “design guidelines”), shall apply. To the extent any provision of the design guidelines is in conflict with State law or with any ordinance of the Village, then such State law or Village ordinance shall prevail. (Section E adopted Sept 11, 2003)
2. Criteria. No application for appearance review and approval shall be disapproved or denied except on the basis of specific written findings directed to objectives and standards in the appearance guide. In addition, no application for appearance review and approval for a multiple family dwelling in the RD District shall be approved if there is a finding that such application has any of the following negative impacts:
a) Disproportionality. The proposed building is disproportionate in size to surrounding development.
b) Misfit/Mismatch of Building and Lot. The proposed building is disproportionate in size to the lot.
c) Intrusion. The proximity of the proposed building or unit to another building or unit causes an unreasonable intrusion into the privacy of another. (#2 added June 3, 2004)
F. Limitation. Approval of an application pursuant to this Section is not a permit or an authorization for development but merely a mandatory criterion for the issuance of a building permit. This Section shall not be construed to limit the application or effect of the Village's building codes and ordinances or to relieve the applicant from the responsibility of complying with all such codes and ordinances. Appearance review and approval shall relate solely to the work shown on the approved plans (subject to any required modifications) and it shall be unlawful for any person to deviate from such plans without obtaining an amendment to said plans in the same manner as herein provided for obtaining the original exterior appearance review approval.