A. Building Official's Duty: It shall be the duty of the building official, after receipt of an application for a permit, to determine and advise the applicant whether, under the provisions of this chapter, approval of appropriateness is required.
1. Preapplication Conference: Any applicant who requires approval of appropriateness is encouraged to attend a preapplication conference with members of the Community Development Department who shall review with the applicant those criteria set forth in section 9-6-5 of this chapter. The applicant shall be given general direction to assist in the development of plans or specifications which would be consistent with such criteria.
2. Application, Materials And Fee: An application for approval of appropriateness shall be made on forms to be provided by the Village. Each application shall be accompanied by such plans and materials set forth in section 9-6-6 of this chapter. A fee of twenty five dollars ($25.00) shall be required for the submission of an application for approval of appropriateness.
a. No fee shall be required for the submission of an application to construct a front yard fence.
3. Construction, Demolition, Alteration Or Site Development Permit: No application for a construction, alteration, demolition or site development permit shall be approved by the building official unless approval of appropriateness has been issued for the same work when required.
4. Submission Of Application: An applicant for an approval of appropriateness shall submit the application to the Community Development Department.
B. Action Of Appearance Review Commission: The fact that an application for appropriateness approval has been filed shall not be cause for the building official to delay the review of plans relating to the building and zoning aspects of the project while said application is pending. Applications for approval of appropriateness shall be submitted at least ten (10) business days prior to the regularly scheduled commission meeting. At such meeting, the commission shall consider the application for approval of appropriateness and, if necessary, receive additional evidence from the applicant and from Village personnel or other persons as to whether the exterior design features of the construction or alteration comply with the criteria set forth in section 9-6-5 of this chapter. The commission shall make specific written findings for each of the relevant criteria. All testimony given at such meeting shall be under oath.
The commission shall take action and vote upon the application at such meeting.
For projects which require consideration by the planning and zoning commission, formal consideration thereof by the commission shall occur after the planning and zoning commission hearing on the project has been completed and prior to consideration by the village board in order that the recommendations from the commission and the planning and zoning commission may be presented to the village board at the same time. The issuance of appropriateness approval does not imply approval or compliance with the zoning ordinance or any other ordinances of the village.
C. Failure Of Commission To Act: In the event the commission fails to act on an applicant's request for approval of appropriateness after a complete application has been received by the commission in conformance with submission rules, the applicant shall have the right to submit his application directly to the village board. Such request shall be made in writing and submitted to the village manager. The village board shall then consider and decide on the applicant's request within a reasonable time.
D. Approval By The Appearance Review Commission: At the public meeting required under section 2-2-3 of this code, the commission shall review each application for compliance with the criteria set forth in section 9-6-5 of this chapter. At such meeting, the commission shall either:
1. Approve the application as submitted and issue approval of appropriateness; or
2. Approve the application and issue approval of appropriateness subject to specific modifications; or
3. Deny approval of said application.
E. Appeal To The Board Of Trustees:
1. An applicant may appeal a decision of the commission either denying an application or approving such application subject to modifications that the applicant has not accepted by filing an application for appeal to the village board within thirty (30) days after receiving the decision of the commission. Such application for appeal shall include the following information:
a. A copy of the original application; and
b. A statement of the applicant's position as to the alleged errors in the commission's denial of the application or, as the case may be, the issuance of approval of appropriateness subject to modifications, as to why an approval of appropriateness should be issued or issued without modifications thereto.
2. The village board shall consider each application for appeal or direct submission of an application at its first regular meeting scheduled after the filing of such application for appeal or submission of application, unless otherwise agreed to by the village and the applicant. Upon review of the application upon appeal and the findings and decision of the commission, or as the case may be, a direct submission of an application, the village board by resolution accompanied by written findings duly adopted may either:
a. Approve the application as submitted and issue approval of appropriateness; or
b. Approve the application subject to specific modifications and issue appropriateness approval; or
c. Deny approval of said application either with or without a remand to the commission for further consideration.
F. Emergency Measures: The issuance of approval of appropriateness is not required when, in the opinion of the building official, there is actual and immediate danger of collapse or failure of a building or structure or any part thereof which would endanger life.
G. Amendments: Amendments to approval of appropriateness may be obtained by application in the same manner as provided for an original approval of appropriateness.
H. Enforcement; Building Official: Upon the granting of approval of appropriateness or any amendments thereto, the exterior drawings, sketches, landscape and site plans, renderings and materials upon which said approval was granted shall be turned over to the building official whose responsibility it shall be to determine, from time to time, as the project is in progress and finally upon its completion, that there have been no substantial deviations therefrom. Such deviations shall constitute a violation of this chapter and shall affect an immediate revocation of the approval of appropriateness.
1. It shall be the duty of the person, firm or corporation to whom approval of appropriateness has been granted and their successors and assignees to comply with the requirements of the approval of appropriateness and to obtain such inspections as may be necessary in order to assure compliance with said approval. The building official will notify such person or persons of any violations found to exist and if the said violations are not corrected within ten (10) days, the community development department may issue a stop work order, and such work shall be immediately stopped until the violation is corrected.
a. Any such stop work order shall be given orally and then confirmed in writing to the owner of the property involved, or to the owner's agent, or to the person doing the work.
b. Any person who shall continue any work in or about the building, structure or site after having been served with a stop work order, except such work as that person is directed to perform to remove a violation, shall be in violation of this chapter.
2. Before any use may be made of improvements constructed under the provisions of this chapter, a final inspection of the premises must be performed by the building official and an occupancy certificate or such buildings or structures requiring occupancy permits will not be issued unless such an inspection has been made and completed and work found to be in substantial compliance with plans approved by the commission and under which the approval of appropriateness was issued except as otherwise provided in this section.
3. If it should become impossible by reason of weather, strike or any other circumstance beyond the control of the person, firm or corporation to whom the approval of appropriateness has been granted or his successors or assigns to complete all work required before occupancy or start of use, the building official may, but shall not be obligated to, temporarily approve such use and/or an occupancy permit with a written agreement by the applicant to guarantee completion of the remainder of the work required by the approval of appropriateness as soon as the circumstances causing such impossibility have ceased.
4. In the event the person, firm or corporation to whom the approval of appropriateness has been granted fails to complete the required work, a final occupancy permit will not be issued for those buildings or structures which require occupancy permits. (Ord. 08-09, 2-18-2008)