A. Preapplication: Applicants are encouraged to contact the village zoning enforcement officer at the earliest stage of project planning to obtain application forms, submittal item checklists and to share sketches and ideas and receive input.
B. Application: Upon receipt of a building permit application, the zoning enforcement officer, hereafter "ZOE", shall review the application for presence of all information needed to complete the review. If the application is not complete, the ZOE shall send the applicant a memorandum stating the application's deficiencies. The applicant must resubmit the application, with the deficiencies corrected, before the application will be submitted for review by the DRC.
C. DRC Action Generally:
1. The DRC shall review the applications. The DRC shall make a report on each application and, if necessary, discuss it with the applicant within thirty (30) working days.
2. If an applicant agrees with the DRC report and, if applicable, modifies the plan and other aspects of the building(s) accordingly, then the ZOE shall issue the building permit. If an applicant objects to the report, then the application, along with the DRC report and any other related materials, shall be submitted to the village board of trustees for appeal within twenty (20) days of the DRC report pursuant to the village zoning ordinances.
D. Appearance Before DRC: Upon receipt of a complete application, the ZOE shall place review of that application on the agenda of the next regularly scheduled meeting of the DRC.
E. Review And Decisions:
1. The DRC shall review each application for conformance with the downtown design guidelines as attached to the ordinance codified herein and made a part hereof.
2. If the DRC approves a plan, a building permit shall then be issued; provided, that all other requirements of all other applicable village codes and ordinances are satisfied.
3. If the DRC does not approve a plan, the applicant shall be notified by certified mail, return receipt requested. The applicant may appeal the DRC's decision to the village board of trustees.
F. Appeal To Village Board:
1. A notice of appeal must be filed with the village clerk no later than twenty (20) days after the date of receipt as shown on the return receipt. A failure by an applicant to file an appeal in accordance with the foregoing provision shall be deemed to constitute a withdrawal by the applicant of the application for a permit.
2. Upon receipt by the village clerk of the applicant's notice of appeal, the village clerk shall set a public hearing date for said appeal. The date the village clerk shall set for a public hearing of the appeal shall be within thirty (30) working days after receipt of the notice of appeal by the village clerk. The DRC shall take no further action on the matter pending the village board's decision.
3. The village board shall act as promptly as practicable on any appeal taken in connection with the proposed plan. The village board shall permit all interested persons to offer oral or written testimony. After the close of the public hearing, the village board, by a majority vote, may accept, reject or modify the findings and recommendations of the DRC. The decision of the village board shall be final and binding on all parties. (Ord. 2004-28, 9-22-2004)