1309.03 PRELIMINARY REVIEW; FINAL REVIEW; APPROVAL PROCEDURE; APPEAL.
   (a)    Preliminary Review; Suggestions; Preliminary Approval. Any person who seeks to construct or alter a structure within the Village which, in any manner, affects the exterior design of said structure, shall obtain preliminary review of the proposed design before an application for final approval will be accepted for review. The preliminary review shall be made of conceptual sketches and sketch plans which convey the general nature of the architectural floor plans; the site plan indicating the topography, existing tree cover, and related access roadways; the context and/or visual relationship to adjacent residences and properties; and the visual massing and appearance of all sides of the proposed structure. All applicants for proposed new construction or alterations to existing buildings are strongly encouraged to present their conceptual designs as early as possible and prior to making major design commitments to their architect or contractor, so that the Architectural Board of Review may offer timely and appropriate guidance to such applicants. The Board may make suggestions regarding the proposed design, and indicate any problems the applicant is likely to encounter if final plans are presented in conformance with the preliminary plans. The Board shall grant preliminary approval if the Board determines that the proposed design presented in the preliminary plans is sufficient to warrant final plans. If the Board does not grant preliminary approval, it shall verbally advise the applicant of the reasons preliminary approval was not granted.
   (b)    Final Review. Each application for final approval by the Architectural Board of Review shall have scale drawings including: 1) a site plan showing the proposed building location, property boundary lines, topography and any prominent ground or site features; 2) floor plans; 3) elevations; 4) transverse and longitudinal sections; and written specifications, that, taken together, provide a detailed description of the site placement, size, volume and appearance of the proposed building. The applicant shall also submit a plan of any landscape features which are to be installed as a part of the proposed project.
   (c)    Approval; Disapproval. If the Architectural Board of Review finds, upon final review, that the exterior design and accompanying documents conform to the requirements of the Village Charter and ordinances, it may approve the application. If such design and documents do not conform, it may conditionally approve them by specifying modifications which would make the same acceptable. If the Board finds the exterior design for a building or structure would produce one or more of the harmful effects set forth in Section 6(d)(4) of Article VII of the Charter of the Village, or otherwise not comply with this chapter, the Board shall disapprove the application, design and accompanying documents. In the event the Board fails to act upon the plans within 120 days of the filing date of the application, the application will be deemed to be approved.
(Ord. 2001-110. Passed 4-9-01.)
   (d)    Appeal to Council. If the Architectural Board of Review disapproves any application or makes any determination adverse to the applicant, the applicant shall have twenty (20) days after announcement of the decision to file a notice of appeal to Council of that decision. Such notice shall be filed with the Building Inspector. Council shall place the matter for hearing on the agenda for the next regular Council meeting following the filing of the notice of appeal, provided that the notice of appeal is filed at least ten (10) days prior to the next Council meeting; otherwise Council shall place the appeal on the agenda of the subsequent regular meeting. Council shall decide the appeal within ninety days of the filing of the notice of appeal, unless the applicant requests additional time for decision. A failure by Council to decide the matter within ninety (90) days of the notice of appeal shall be deemed to be an affirmance of the decision of the Board. The decision of Council shall be final within the Village. In the event Council reverses or modifies the decision of the Architectural Board of Review, the Mayor shall endorse the approval or modification, ordered by Council, as provided in Section 1309.04(b).
(Ord. 2009-101. Passed 3-10-09.)