(A) Certificate required for certain buildings, structures and signs. No building or other permit otherwise required under any ordinance of the village for any of the following shall be issued by the appropriate village official except upon the granting of a certificate of appropriateness by the Architectural Review Commission:
(1) The erection, construction, alteration or repair of any building or structure in any non-residential district of the village or any residential district of the village that is also subject to a special use; provided, however, that no certificate of appropriateness will be required if the Building Commissioner makes a determination that in any non-residential district and for any special use in any residential district, the appearance plan does not apply, and, in the Business District, the Kenilworth Design Guidelines—Business District do not apply, to the work for which the building or other permit is being sought; and
A certificate of appropriateness is deemed to authorize only the particular building, structure or sign at the specific location for which it was issued and shall automatically expire and cease to be of any force or effect if such building, structure or sign shall be removed or relocated.
(B) Special procedures in connection with other applications. Whenever any application for a special use or planned unit development is filed pursuant to this chapter as a companion to an application for a certificate of appropriateness, and such companion application requires approval by the Board of Trustees, the authority to hear and decide the application for certificate of appropriateness otherwise delegated to the Architectural Review Commission pursuant to this section shall be reserved to the Board of Trustees. For such purposes, the Board of Trustees shall have all of the authority granted to, and shall be subject to all of the limitations imposed on, the Architectural Review Commission by this section; provided, however, that the provisions governing public notice and hearing of, and action on, the application for special use or planned unit development of this ordinance shall govern.
(C) Standards for certificates of appropriateness for buildings and structures. The Architectural Review Commission shall grant a certificate of appropriateness for the erection, construction, alteration or repair of any building or structure in any non-residential district of the village that is in harmony with the general purpose and intent of the standards set forth in the ordinances, codes and regulations of the village and, in any non-residential district and for any special use in any residential district, the appearance plan, and, in the Business District, the Kenilworth Design Guidelines—Business District, which are incorporated in and made a part of this chapter as Appendices A and C, respectively . In the event of a conflict between the provisions of the Kenilworth Design Guidelines —Business District and the remaining provisions of this chapter, the provision that is the most restrictive or imposes the higher standard shall govern and control.
(D) Standards for certificates of appropriateness for signs. The Architectural Review Commission shall grant a certificate of appropriateness for the location, erection, use, display, construction, installation, enlargement, expansion, alteration, operation or repair of any permanent sign as defined in, and not exempt under, §§ 153.045 through 153.060 that is in harmony with the general purpose and intent of the standards set forth in the ordinances, codes, and regulations of the village, and, in any non- residential district and for any special use in any residential district, the appearance plan, and, in the Business District, the Kenilworth Design Guidelines —Business District, and the standards of § 153.052(C).
(F) Pre-application conference. Prior to filing an application for a certificate of appropriateness, the prospective applicant may request an informal conference with the Administrative Official to discuss the proposed application. The pre-application conference does not require either the payment of an application fee or the filing of an application.
(G) Procedures for certificate of appropriateness approval.
(1) Application review. Upon receipt of a properly completed application for approval of a certificate of appropriateness, the Administrative Official shall review the application for compliance with all applicable requirements. Completed applications will then be forwarded to the Architectural Review Commission for a public hearing.
(2) Public hearing. The Architectural Review Commission shall hold a public hearing on an application for a certificate of appropriateness no later than 60 days after receiving a properly completed application from the Administrative Official. The hearing shall be concluded not later than 120 days following the receipt of a completed application unless the applicant shall agree to an extension. Notice for the public hearing shall be issued in the manner provided in § 153.249.
(3) Findings of fact; decision. After the close of the public hearing, the Commission shall make findings of fact in support of its decision to grant or deny a certificate of appropriateness in accordance with the standards set forth in this chapter. The Commission shall make its decision issuing, issuing with conditions, or denying the certificate of appropriateness. The Commission shall specify in its decision such conditions that it deems necessary to assure the protection of the public health, safety, and welfare, and the compatibility with the surrounding neighborhood and community. The decision shall be issued within 30 days after the close of the public hearing and be forwarded to the Administrative Official.
(4) Required vote. The Commission shall not approve a certificate of appropriateness except on the concurring vote of a majority of the members of the Commission present at the meeting. The Commission shall not deny a certificate of appropriateness except on the concurring vote of four members of the Commission.
(5) Effect of decision. The decision of the Commission on an application for a certificate of appropriateness will be the final decision of the village. In the event of denial of a certificate of appropriateness, the applicant shall have the right to appeal the decision in the Circuit Court of Cook County in the manner provided by law.
(H) Amendments to certificates of appropriateness.
(1) Major changes.
(a) Procedure for major changes. An applicant seeking a major change after a certificate of appropriateness has been approved shall seek an amendment to the certificate by submitting a new application and following the procedures for approval, as established in this section. Major changes to an approved certificate of appropriateness may be granted only by the Commission pursuant to the procedures set forth in this section.
(b) Major changes defined. All changes other than minor changes.
(2) Minor changes.
(a) Procedure for minor changes. A proposed minor change after a certificate of appropriateness has been approved may be presented directly to the Administrative Official for consideration in the event of extenuating and/or unforeseen circumstances. The Administrative Official may approve minor changes memorialized in a written document which shall be forwarded to the Commission.
(b) Minor changes defined. Minor changes shall include changes in specified materials or structural components due to product discontinuance or unavailability or the like, with no change in quality.
(I) Duration, expiration and removal.
(1) No certificate of appropriateness shall be effective for a period longer than 12 months unless a building permit is obtained and the erection, construction, alteration or repair of the building or structure, or the location, erection, display, construction, installation, enlargement, expansion, alteration, operation, or repair of the sign covered by the certificate, has commenced within that period and is thereafter diligently pursued to completion. The Administrative Official may, upon written request of the applicant, extend this time limit for a period not to exceed an additional six months if the Administrative Official deems such extension to be appropriate and necessary to avoid undue hardship to the applicant. The applicant must submit a written request for an extension to the Administrative Official prior to the expiration of the certificate of appropriateness. Any such extension shall be made only after payment of the appropriate fee.
(2) The right to extend said time limit shall not include the right to request additional relief or amendment to or expansion of the scope of the certificate of appropriateness. If a certificate of appropriateness expires, the applicant must reapply for a new certificate of appropriateness and such re-application shall be treated as a new application.
(Ord. 1057, passed 2-22-2011; Ord. 1098, passed 4-29-2013)