9-13-5: ARCHITECTURAL REVIEW HEARING:
If an architectural review hearing is required pursuant to any section of this chapter, the following shall occur:
A.   The applicant shall submit to the village administrator at the village hall during regular business hours the following hearing application materials:
1.   A nonrefundable application fee as provided in the village comprehensive fee schedule contained in section 1-12-3 of this code plus an amount determined by the village administrator to reimburse the village for all anticipated out of pocket expenses incurred in connection with the delivery of notice pursuant to this chapter;
2.   Ten (10) copies of a site plan showing all relevant zoning information and all improvements on the subject property (existing and proposed), including driveways, walkways, and fencing;
3.   Ten (10) copies of elevation drawings of the proposed construction;
4.   Ten (10) copies of a description of the type, color, and texture of the exterior building materials; and
5.   Ten (10) copies of a vicinity map showing the approximate locations and dimensions of all buildings, structures, and significant natural or topographical features of the subject property and all adjoining properties.
B.   The village administrator shall notify the chairperson of the architectural board of review, who shall set a date for the hearing. Such hearing date shall be held as soon as possible, but in no event later than forty five (45) days after the filing of the hearing application materials, unless the applicant waives or extends the forty five (45) day period in writing.
C.   After a hearing date has been established, the village administrator shall notify, in writing, the applicant either in person or by certified or registered mail, return receipt requested, not more than thirty (30), nor less than fifteen (15), days before the hearing. The notice shall state the time, place, and purpose of the hearing and shall state that the applicant will have an opportunity to be heard and to present evidence to the architectural board of review.
D.   After a hearing date has been established, the village administrator shall notify, in writing, the owners, as evidenced by authentic tax records from Lake County, of all property within three hundred feet (300') (including the number of feet occupied by all public roads, streets, alleys, and other public ways) in each direction of the subject property not more than thirty (30), nor less than fifteen (15), days before the hearing. The notice shall be by certified or registered mail, return receipt requested, and state the time, place, and purpose of the hearing and that the property owner will have an opportunity to be heard and to present evidence to the architectural board of review.
E.   The chairperson shall open each hearing and determine whether a quorum of the architectural board of review is present. If less than a quorum is present at a hearing, the hearing shall be continued, provided that the continued hearing date is within the period established in this chapter for commencing such hearing.
F.   The chairperson shall preside over any architectural review hearing and shall permit the applicant and any interested party (including, without limitation, any resident of, or owner of property in, the village of Lake Bluff) to address the architectural board of review and present evidence. All proceedings of the architectural board of review shall be recorded. Nothing in this subsection shall prevent the chairperson from limiting the amount of time that a person may address the architectural board of review. After all the evidence has been presented and all interested parties have had an opportunity to be heard, the architectural board of review shall consider all the evidence presented at the hearing, including the application materials, and determine whether the proposed construction will cause any of the harmful effects listed in this chapter.
G.   At the conclusion of the hearing, the architectural board of review shall vote in public whether to approve or disapprove the proposed construction. Four (4) votes shall be required to disapprove any proposed construction; any other action can be taken by a concurrence of the majority of architectural board of review members in attendance at the hearing.
H.   The building commissioner shall notify, in writing, the applicant either in person or by certified or registered mail, return receipt requested, of the architectural board of review's decision. Such notice shall also state that the applicant has the right to appeal the decision to the board of trustees.
I.   If the proposed construction is approved, a building permit shall not be withheld on the basis of any provision of this chapter. (Ord. 2013-4, 2-25-2013)