(a) Submission Requirements.
(1) Documents submitted for Board review shall be submitted to the Secretary no later than noon on the seventh day before the next Board meeting (e.g. if the Board meeting is scheduled for the fourth Monday of a month, the submission shall be filed with the Secretary no later than noon on the third Monday of that month). The submission to the Secretary shall include one copy of such paper documents as the applicant wishes the Board to consider, and one portable document format (pdf) copy of all documents submitted in a paper format. If the failure to submit all documents in a timely fashion prevents the giving of timely notice that is required under this Chapter, the matter shall be placed on the next subsequent Board agenda so that notices that are required by this Chapter may be made in the time required herein.
(2) When an application is made for the Preliminary Review of a new residence, the applicant shall submit photographs from each neighboring residence that will be able to see the new residence (assuming no new screening is installed) so as to provide evidence of the current conditions of the site. If permission cannot be obtained from a neighboring property owner to get a photo of the actual view from the residence of the neighbor, the applicant shall submit a photo of the site from a location which is taken from the direction of the neighboring property owner, which shall be either from the applicant's property or from a public right of way.
(3) The applicant shall be required to submit pdf versions of all documents that receive approval by the Village. If no changes are required as a consequence of Final Approval, the pdf that was submitted at the time of the application for Final Approval shall be sufficient to meet this requirement. In the event a project receives Conditional Approval, no zoning permit shall be issued until the applicant submits a pdf of each of the documents which have been changed pursuant to the Conditional Approval.
(b) Preliminary Review; Suggestions; Preliminary Approval.
(1) Any person who seeks to construct a new residence or construct an addition to a residence which changes the footprint of a residence within the Village shall obtain a preliminary review of the proposed design by the Board before an application for Final Approval is presented to the Board for consideration. Any person seeking to alter a structure within the Village in a manner which materially changes the exterior appearance or size of such structure is encouraged to seek a preliminary review of the proposed design changes. The recommendations of the Board on a preliminary review are intended to assure that high quality of exterior design excellence and landscape harmony are preserved in the Village at a time when the conceptual design of the project is being developed.
(2) Documents supporting a preliminary review shall be submitted in accordance with subsection (g) of this section, and may be made of conceptual sketches and sketch plans which convey: the general nature of the architectural floor plans; the site plan indicating the topography, existing tree cover, and related access roadways; the context and/or visual relationship to adjacent residences and properties; and the visual massing and appearance of all sides of the proposed structure. A new house shall be designed in an established and recognized style, and its exterior size, shape, materials, color and texture should be compatible with existing houses and it shall fit into its site and its scenic surroundings so as to be complementary and unobtrusive.
(3) The Board may make suggestions regarding the proposed design, and indicate any problems the applicant is likely to encounter if final plans are presented in conformance with the preliminary plans.
(4) The Board shall grant "Preliminary Approval" if the Board determines that the proposed design presented in the preliminary plans is sufficient to warrant final plans. If the Board does not grant Preliminary Approval, it shall advise the applicant of the reasons Preliminary Approval was not granted.
(c) Preliminary Approval. Preliminary Approval shall be marked upon the conceptual drawings of the residence or other structure(s). Preliminary Approval shall be evidence that the concepts presented are acceptable to the Architectural Board of Review, and the project should proceed to final drawings.
(d) Final Review. Each application for Final Approval by the Architectural Board of Review shall be submitted in accordance with subsection (g) of this section, and shall have scale drawings including:
(1) A site plan showing the proposed building location, property boundary lines, topography, any prominent ground or site features, and the distances from the nearest points of each building to be constructed to the front, rear and side property lines (i.e. the setbacks);
(2) Floor plans;
(3) Building elevations;
(4) Transverse and longitudinal sections and wall sections; and written specifications, that, taken together, provide a detailed description of the site placement, size, volume and appearance of the proposed building; and
(5) A plan of any landscape features to be installed as a part of the proposed project.
(e) Approval; Disapproval. If the Architectural Board of Review finds, upon review of the final plans, that the plot plan and exterior design and accompanying documents conform to the requirements of the standards and criteria set forth in this Chapter, it shall grant Final Approval. If such design and documents do not conform, it may grant "Conditional Approval" by specifying modifications which would make the same acceptable. If the Board finds the exterior design for a building or structure would produce harmful effects within the Village, or otherwise not comply with the standards and criteria of this chapter, the Board shall disapprove the application, design and accompanying documents. In the event the Board fails to act upon the final plans within one hundred eighty (180) days of the filing date of the application, the application will be deemed to be approved.
(f) Final Approval. Final Approval or disapproval of the plot plan and of the exterior design and accompanying documents shall be endorsed thereon by the Board by its Chairman, or by the Clerk-Treasurer in the event of action by the Village Council, as described in Section 1313.06(f). In the event the Board or Council issues Conditional Approval, the conditions shall be noted in writing upon the appropriate plans to which the conditions apply. The Secretary shall not issue any zoning permit for any application which has not received Final Approval, nor shall any zoning permit be issued for any application which has granted Conditional Approval unless and until the conditions noted on the plans have been satisfied. After Final Approval is granted, any changes which will materially affect the look of the residences shall be submitted to the Board via the same process that Final Approval is considered, and adjudicated on the basis of the same standards applied at the time of Final Approval.
(g) Appeal to Council.
(1) If the Board disapproves any application or makes any determination adverse to the applicant, the applicant shall have twenty (20) days after the meeting at which the announcement of the decision is made to file a notice of appeal to the Village Council of the adverse decision. Such notice shall be filed with the Clerk-Treasurer.
(2) The Village Council shall place the matter for hearing on the agenda for the next regular meeting of the Village Council following the filing of the notice of appeal, provided that the notice of appeal is filed at least fourteen (14) days prior to the next Village Council meeting; otherwise the Village Council shall place the appeal on the agenda of the subsequent regular meeting.
(3) The Village Council shall decide the appeal within ninety (90) days of the filing of the notice of appeal, unless the applicant requests additional time for decision. A failure by the Village Council to decide the matter within ninety (90) days of the notice of appeal shall be deemed to be an affirmance of the decision of the Board. The decision of the Village Council shall be final within the Village. In the event the Village Council reverses or modifies the decision of the Board, the Clerk-Treasurer shall endorse the approval or modification, which was ordered by the Village Council, and issue the appropriate permits.
(Ord. 2016-9. Passed 3-13-17.)