(A) Availability. Before the issuance of any building permit required under this Code for the construction, reconstruction or substantial alteration of the exterior design of any structure or that involves an exterior design feature of a property, an applicant shall secure a Design Review Approval Certificate (in this Section hereinafter referred to as "Certificate") if the requested building permit is for a non-residential use. No application for a Design Review Approval Certificate shall be processed until the Zoning, Planning and Appeals Commission (in this Section hereinafter referred to as "Commission") has approved all applicable zoning, if required.
(B) Submissions. Pursuant to § 34.170(A) of this Code, a required applicant shall file a Design Review Certificate Application (in this Section hereinafter referred to as "Application") with the Building Department. The Building Official, or designee, shall prepare the Application, which shall identify required submissions. The Building Official, or designee, shall determine whether the submitted Application is complete. If the Application is determined to be incomplete, the Building Official, or designee, shall inform the applicant in writing about the Application's deficiencies. The Building Official shall not review the Application for issuance of a Certificate unless and until the applicant resubmits the Application with the deficiencies corrected. A prospective applicant may request a meeting to discuss the overall design concept prior to submission of a complete Application but only after all applicable zoning, if required, is obtained.
(C) Review by Building Official. The Building Official shall review each properly completed Application and issue a Certificate to the applicant if, in the sole judgment of the Building Official, the Application adheres to the design objectives in § 34.170(E) of this Code. The fact that a completed Application has been filed and is pending shall not unreasonable cause a delay in the review of building plans while the Application is pending.
(1) Consultation with Design Review Committee. There is hereby established a Design Review Committee (in this Section hereinafter referred to as "Committee"), which shall consist of the Commission Chairman and Village President, both acting ex officio, and the Village Engineer and any other consultant of the Village, as deemed necessary. The Building Official may consult with one or more member(s) of the Committee regarding an Application for a Certificate and any proposed modifications to an Application.
(2) Design Review Committee Objectives. The Committee shall work to encourage exterior design with a satisfactory visual appearance in the Village, consult with the Building Official when necessary on an Application for Certificate, preserve taxable values, and promote the public health, safety and welfare of Village residents and visitors. The Committee may impose such conditions and restrictions deemed necessary or appropriate to protect the public health, safety and welfare or to ensure compliance with the design review standards in § 34.170(E) of this Code. The Commission Chairman, acting ex officio, shall additionally be required to inform the Village President of concerns regarding the exterior design and upkeep of Village property and rights-of-way, including ensuring applicable design review objectives in § 34.170(E) of this Code are addressed with respect to Village property and rights-of-way, and shall be compensated an annual stipend as established from time to time by the President and Board of Trustees.
(D) Determination by Building Official; Appeal. The Building Official shall issue a written determination with respect to an Application for Certificate (in this Section hereinafter referred to as "Determination"). The Determination shall be one of the following: an approval of an Application, approval of an Application with suggested modifications incorporated, or denial of an Application. The Building Director shall be required to issue a Determination within sixty (60) days after the submission of a completed Application. Failure of the Building Director to issue a Determination on a completed Application within said time frame shall be deemed to be a decision denying the Application.
(1) If an applicant agrees with the Determination and, if applicable, incorporates any suggested modifications to the Application, the Building Official shall issue the Certificate.
(2) If an applicant objects to the Determination, the applicant shall submit any objections in writing, along with the Application and Determination, to the Village Manager for review (in this Section hereinafter referred to as "Appeal"). The Village Manager shall set a date for a meeting regarding the Appeal within 15 days after receipt of the Appeal. Following such meeting, the Village Manager shall act as promptly as possible on an Appeal. The decision of the Village Manager with regard to the Appeal shall be final and binding.
(E) Design Review Standards. An Application shall be reviewed for adherence to the following objectives:
(1) Location of structures, accessory structures, signs, landscaping, traffic lanes, and parking that ensures safe and efficient vehicular and pedestrian traffic flow;
(2) Location of structures, accessory structures, signs, landscaping, traffic lanes, and parking that complements the exterior character and promotes the uniformity of the street or neighborhood;
(3) Sensitivity to the natural environment and features of the street or neighborhood;
(4) Respect of the architectural design of surrounding buildings in terms of style, color, and materials so that the image of the street or neighborhood will be more consistent and uniform;
(5) Location of signage that complements and does not detract from the character of the street or neighborhood;
(6) Landscaping that assists in creating a suitable streetscape, buffer or shield that enhances the exterior character and appearance of the use and complements the image of the street or neighborhood; and
(7) A proposed exterior design feature will not be detrimental to the harmonious and orderly growth of the Village.
(Ord. 18-4095, passed 9-20-18)