The Architectural Review Board shall perform the following duties:
(a) Design Review Criteria.
(1) The Board shall follow design criteria that will direct its decisions. The design criteria are set forth in Appendix II, following the text of this Zoning Code. The design criteria shall be available to the public at cost. The Board shall require all applicants to show that submitted projects conform to the design criteria and to describe the project's probable impact on the proposed site, adjacent properties and the overall character of the Village. The Board may amend the criteria as needed according to the procedures set forth in Section 1268.03.
(2) The design criteria for the Village are hereby amended by adding Elements of Poland's Historic Architectural and Site Character, which are set forth in Appendix III, following the text of this Zoning Code, and which shall be used to clarify the design criteria.
(b) Design Review Process. The Board shall review for approval all new construction, exterior modification, exterior alteration, addition, relocation or demolition of any building or other structure or part thereof, provided, however, that none of the foregoing shall be construed to require approval of plans relating to any new construction, alteration, addition, relocation or demolition of any single-family dwelling in the Village other than those designated as Village landmarks or those within the boundaries of any Village Preservation District.
(1) Application for project approval shall be transmitted to the Board from the Zoning Administrator after his or her approval. Submission to the Board shall be made no later than five days prior to the meeting of the Board. Submissions shall be in accordance with the requirements of Section 1266.08.
(2) The Board shall consider all applications at the meeting following submission. If additional information is required, the Board shall so inform the applicant and may delay a decision until the meeting following submission of such additional information. If the Board makes no decision at that time, and if the application has been properly submitted, the application shall be deemed approved. In either case, the applicant shall be notified, in writing, of the decision of the Board within five days after the decision. If the Board disapproves the application, it must, within five days, submit a written statement to the applicant of the reasons for its disapproval and state the specific violations of the design review criteria. The applicant may then either revise and resubmit the design application or he or she may request a hearing. This procedure is set forth in Section 1266.06.
(c) Village Landmarks and Village Preservation Districts. The Board may designate such Village landmarks and Village Preservation Districts as it deems proper. Council shall formally approve all designations according to the procedures set forth in Section 1268.03.
(1) Landmark and District designation recognize the particular importance of buildings, structures, sites and areas, pointing out their educational and cultural value to the community. Such designation promotes awareness of the local heritage. All landmarks and Districts shall have property lines as their boundaries.
(2) For each proposed District or landmark, all relevant information shall be gathered into a public record which shall be made available upon request. The record may be amended as further research is completed. All proposed Districts or landmarks shall be accepted or changed according to procedures set forth in Section 1268.03. The subsequent public hearing shall elaborate the boundaries, character and importance of the proposed designation. The proceedings of the hearing shall become a part of the public record of each landmark and District. The Chairperson of the Architectural Review Board shall preside at all hearings.
(3) Upon formal approval by Council, all Village landmarks and Village Preservation Districts shall be considered official and shall be shown on the official Zoning Map of the Village. The Board may propose a change in or the dissolution of any landmark or District and shall submit such change or dissolution to Council for its approval according to the procedures set forth in Section 1268.03.
(d) Advisory Duties. As a part of the efforts of the Board to encourage public knowledge and understanding of the elements of the built environment of the Village, the Board may be asked to consult with and act in an advisory capacity to the Planning Commission or Council. Its advice shall not be binding.
(e) Demolition Permits.
(1) For any Preservation District or Village landmark, before the Zoning Administrator issues a permit for the demolition of all or a part of a structure, the Zoning Administrator shall transmit the application for demolition to the Board for its consideration. The Board shall require a statement of the reasons why the building or part of the building is being considered for demolition. In the case of demolition in a District, if the Board finds that demolition would severely damage the character of the District, and thereby alter the reason for the designation of the District, then the Board may stop demolition for a period of ninety days. In the case of a landmark, if the Board finds that demolition would severely alter the exterior architectural importance or otherwise affect the reasons upon which the landmark was designated, the Board may stop demolition for a period of ninety days. In the ninety-day period, the property owner and the Board shall explore all means of protecting the structures from demolition, whether by adaptive use, remodeling or other means. If, at the end of ninety days, no reasonable solution can be found, the permit for demolition shall be issued.
(2) Any request for a demolition permit must include a complete description of the property, including the extent of demolition proposed. Plans for the renovation of the existing building and grounds must be approved by the Architectural Review Board. In the case of building renovations, a building permit must be submitted. R-1 permits which are not landmarks or in a Village Preservation District may be approved by the Zoning Administrator. All other permits must be approved by both the Architectural Review Board and the Zoning Administrator.
(f) Landscaping and Trees. The Board shall work with the Village Tree Commissioner, and shall, as provided in the Ohio Revised Code and Section 1024.01 of the Streets, Utilities and Public Services Code, have the authority to review for approval the landscaping plan, including, but not limited to, trees, for all new construction or renovation of private property, as well as to regulate the planting, trimming and preservation of shade trees in streets, alleys, devil strips, public grounds and places, and to provide for the planting, removal, trimming and preservation of shade trees and ornamental shrubbery. Applications for project approval shall be transmitted to the Board from the Zoning Administrator, and, in the case of trees, to the Tree Commissioner, pursuant to the procedures set forth in this chapter and Section 1024.01 of the Streets, Utilities and Public Services Code.
(Ord. 1109-99. Passed 7-20-99.)
(g) Conflicts of Interest. Where a member of the Architectural Review Board is presented with a potential conflict of interest and fails to acknowledge the conflict and take appropriate steps to avoid the conflict and/or the appearance of impropriety potentially associated with it, any member of the Board observing the potential conflict shall seek an opinion from the Village Solicitor as to the existence of a potential conflict of interest and the appropriate action to be taken to avoid the conflict. Notwithstanding any other provision of these Codified Ordinances, the proceedings presenting a potential conflict of interest shall be stayed until the Village Solicitor renders an opinion on the potential conflict of interest.
In the event the Village Solicitor determines that a potential conflict of interest exists, his or her opinion will be binding upon each and every Board member affected.
The provisions of this section concerning conflicts of interest are not intended to be exclusive and are intended to be supplementary to any and all other applicable statutes, codes, regulations and rulings upon the subject of conflicts of interest.
(Ord. 1072-98. Passed 5-5-98.)