1335.02 APPLICATION AND APPROVAL PROCEDURE; APPEAL.
   (a)   Each application for a building permit involving exterior design shall include or have attached thereto a plot plan showing the proposed location, grading, plans (including elevations), color schemes, material samples and specifications showing the detail of the building or other structure proposed to be erected, constructed, reconstructed, moved, extended, enlarged or otherwise altered in any manner which affects the appearance of said building or structure. The applicant shall also submit a plan of any landscape features which are being installed as a part of the proposed project. Such application and plans shall be submitted to the Architectural Board of Review, which shall study the application and accompanying documents required hereunder and may make recommendations to the applicant in regard to the provisions set forth in the Village Charter, and in this chapter.
   (b)   If the Architectural Board of Review finds that the exterior design and accompanying documents conform to the provisions of the Village Charter and ordinances, it may approve the application or, if such design and documents do not conform, it may conditionally approve them by specifying modifications which would make the same acceptable. Or, 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 9(D)(4) of Article V 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 one hundred and twenty days of the filing date of the application, the application will be deemed to be disapproved.
   (c)   If the Architectural Board of Review makes any determination adverse to any interested party, that party shall have twenty (20) days within which to file a notice of appeal of that decision 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 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 days of the notice of appeal shall be deemed to be an affirmance of the decision of the Board. Unless Council fails to decide the matter within ninety days of the notice of appeal, Council shall issue a written decision, which shall include conclusions of fact. In the event the 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 1335.03.
(Ord. 2000-17. Passed 6-7-00.)