A. Purpose.
The Appearance Review process aims to maintain and enhance the appearance of existing development throughout the Village, inclusive of building and site changes, without necessitating the need for formal public meetings. The general purpose of the Appearance Review process is to:
1. Authorize the Development Services Department to conduct and approve minor site and exterior building changes;
2. Confirm conformance with requirements outlined in this Code, in particular, but not limited to, Section 6-308 Design Standards;
3. Maintain harmony with the community character of the area within which the development is located;
4. Discover improvements above and beyond minimum Code requirements that will result in enhancements to the private and public realms; and
5. Function as a backup documentation, if and as needed, for the purpose of determining the distribution of any Village incentives, as offered at the Village’s discretion, such as the Appearance Improvement Grant (AIG). (Amd. Ord. 5167 – 2/20/17)
B. Authority.
The Development Services Department is authorized to conduct and approve Appearance Reviews. The administration actions and the appeals process are set forth in Section 5-106.D.
C. Applicability.
The Development Services Department shall determine if a petition qualifies for an Appearance Review or if a petition must proceed to a full site plan review, based upon the scope and type of work contemplated. The Development Services Department reserves the right to convert an Appearance Review to a full site plan review, therefore requiring public meetings, due to changes in the scope of work, finding of unknown field conditions, or discovery of new information.
1. Zoning Districts.
The Appearance Review process applies to all zoning districts in the Village, except for property in the OOH Zoning District. See Section 6-209 for applicable regulations for the OOH zoning District.
2. Non-residential.
a. Applicability.
i. Commercial structures; and
ii. Mixed-use buildings of any size.
b. Not Required.
i. Routine property maintenance;
ii. Proposals that do not visibly change the appearance of the property and its structures;
iii. Replacement of building materials with like building materials of the same color and dimension;
iv. Replacement of landscape materials with like landscape materials of the same species, quality and location; and
v. Restaurants, not requiring a special use, occupying an existing or vacant former restaurant space and proposing no exterior changes.
c. Required.
i. Alterations or expansions to the exterior of a building;
ii. Changes in materials, either primary or accent;
iii. Changes in colors, either primary or accent;
iv. Painting of existing brick. See standards in Section 6-308;
v. Additions or modifications to building appendages, such as awnings, rooftop screening, fencing and dumpster enclosures;
vi. Modifications to the existing signage format, such as moving the established sign band location or changing its background color;
vii. Addition or modification of outdoor congregation areas, including any ancillary improvements such as fencing, barriers, lighting and overhead features either freestanding or attached to a structure.
viii. Addition or modification to onsite lighting, including freestanding, string (excluding holiday decorations) and affixed to a structure;
ix. An increase in a parcel's lot coverage;
x. Any changes to a parking lot and its associated landscape zones;
xi. Any modifications to a previously approved landscape plan, including the relocation of existing landscape materials;
xii. Modifications to a previously approved stormwater management area, provided that engineering approval is granted;
xiii. Addition or modification to off-site improvements, such as sidewalks and multi-use paths, provided that engineering approval is granted;
xiv. Restaurants, not requiring a special use, occupying an existing or vacant former restaurant space and proposing exterior changes;
xv. The expansion of lawfully existing restaurants operating pursuant to a special use where the expansion will occur in an adjoining space, regardless of its proximity to a residential parcel, provided that the expansion does not exceed 100% of the area initially approved for the special use for the restaurant; and
xvi. Addition or modification to drive-through accessories. See standards in Section 6-302.K. (Amd. Ord. 5221 – 9/18/17)
3. Residential.
a. Applicability.
i. Multifamily structures comprised of six (6) or more units; and
ii. Common areas, inclusive of building and site changes, associated with a Home Owner's Association, or equivalent, with at least four (4) principal structures.
b. Not Required.
i. Routine property maintenance;
ii. Proposals that do not visibly change the appearance of the property and its structures;
iii. Replacement of building materials with like building materials of the same color and dimension; and
iv. Replacement of landscape materials with like landscape materials of the same species, quality and location.
c. Required.
i. Alterations or expansions to the exterior of a building;
ii. Changes in materials, either primary and accent;
iii. Changes in colors, either primary and accent;
iv. Painting of existing brick. See standards in Section 6-308;
v. Additions or modifications to building appendages, such as awnings, rooftop screening, fencing and dumpster enclosures;
vi. Addition or modification of outdoor congregation areas, including any ancillary improvements such as fencing, barriers, lighting and overhead features either freestanding or attached to a structure.
vii. Addition or modification to onsite lighting, including freestanding, string (excluding holiday decorations) and affixed to a structure;
viii. An increase in a parcel's lot coverage;
ix. Any changes to a parking lot and its associated landscape zones;
x. Any modifications to a previously approved landscape plan, including the relocation of existing landscape materials;
xi. Modifications to a previously approved stormwater management area, provided that engineering approval is granted; and
xii. Addition or modification to off-site improvements, such as sidewalks and multi-use paths, provided that engineering approval is granted.
D. Approval Process.
The Development Services Department is authorized to conduct Appearance Reviews. The available administration actions include:
1. Approval.
The request is granted. Approval of an Appearance Review does not grant authority for activity in violation of Ordinances. Furthermore, separate review and approval is still required for building permits, final engineering, legal determinations, and zoning certificates, along with their respective direct and pass-through fees, as required.
2. Approval with Conditions.
The request is granted with the same qualifiers stated in Section 5-106.C.1 above, but the applicant must meet certain conditions of approval to bring the proposal into compliance with Village Design Standards, among other things, within an allotted amount of time as stipulated by the Development Services Department. (Ord. 4161 – 8/6/06; Amd. Ord. 4411 – 9/2/08)
3. Denial.
The proposal is denied. The applicant may appeal the decision of the Development Services Department to the Plan Commission at one of its next two (2) regularly scheduled meetings. The Plan Commission shall review the application and the report and recommendation of the Development Services Department and shall grant or deny the application by a majority vote within thirty (30) days of receipt of the appeal. (Ord. 4161 – 8/6/06; Amd. Ord. 4411 – 9/2/08; Amd. Ord. 5167 – 2/20/17)
E. Expiration of Appearance Approval. Appearance Review approval of a proposal shall expire one year after the date of approval by the Development Services Department or the Plan Commission unless extended specifically by application to the Plan Commission. (Ord. 3354 – 4/17/00; Amd. Ord. 4161 – 8/6/06; Amd. Ord. 4411 – 9/2/08)