A. Certificate Required. Except as provided in this chapter, no construction activity, including ordinary repairs, shall be begun, and no building permit for any construction activity shall be approved for issuance, if the work to be performed affects or involves an external architectural feature of a building or structure, including the style, nature or general arrangement of associated site improvements, unless the Design Review Board of the Village has first issued a certificate of appropriateness of design for the work proposed. Where appropriate, the issuance of such a certificate shall be coordinated with the issuance of a certificate of appropriateness for signage as provided in Chapter 15.60 of this code.
B. Exceptions to Certificate Requirement. No certificate of appropriateness of design shall be required for any single-family dwelling or any accessory structure to such a dwelling. A building permit may be approved for issuance without such certificate of appropriateness if, in the Director's opinion, the work proposed in the construction documents will not alter an external architectural feature. A certificate of appropriateness of design shall not be required for incidental exterior maintenance not requiring a building permit if the Director determines that the scope of such maintenance will not alter any external architectural feature.
C. Application Requirements. No application for a certificate of appropriateness of design shall be accepted for review or scheduled for hearing unless it is complete. In addition to the permit application and construction documents, the application for a certificate of appropriateness of design shall be submitted on a form provided by the Director and shall be accompanied by all applicable fees and deposits and by detailed existing and proposed renderings depicting each elevation upon which external architectural features, including site improvements, will be installed or altered, and such other additional information and documentation as may be required by the Design Review Board or which the applicant deems necessary for the Board's consideration and disposition of the particular request. Such additional information requested by the Design Review Board may include, without limitation, material samples, paint chips, fabric swatches and the like.
D. Notice of Application. Upon receiving a completed application for a certificate of appropriateness of design, the Director shall promptly transmit such application to the Design Review Board. The Director shall also issue written notice of the time and place of the hearing required by subsection F of this section and, where applicable, written notice of the time and place of any proceedings before the Village Council, to the applicant and to all persons to whom the latest general real estate tax bills were sent for all property situated within two hundred fifty (250) feet of the property that is the subject of the application. The notice shall be addressed to such persons in the names and at the addresses to which the latest general real estate taxes were sent, and shall be so sent by first class mail, postage prepaid, not less than ten (10) days prior to the date of such hearing or Council proceeding.
(MC-6-2001, Amended 07/17/01)
E. Hearing Required. The Design Review Board shall fix a time for a hearing within forty-five (45) days of the date of the filing of the application. The hearing may be adjourned or continued for lack of a quorum. Any meeting or hearing may be postponed at the applicant's request, or with the applicant's consent.
F. Scope of Hearing, Findings of Fact. At the hearing, the Board shall consider the application materials, including construction documents, and any additional evidence including, in the Board's discretion, testimony given under oath, regarding the following issues: (1) whether the proposed external architectural features and site improvements are appropriate to and compatible with the character of the immediate neighborhood; (2) whether the proposed external architectural features and site improvements are appropriate to and compatible with adopted Village plans for and improvements in the immediate neighborhood, and including both urban design and site arrangement considerations; (3) whether the proposed external architectural features and site improvements are consistent with applicable Village design guidelines and such standards and criteria as may be adopted by the Board; and (4) the probable effect of the proposed external architectural features on the integrity of the immediate vicinity.
G. Decision of Design Review Board. The Board shall render its decision, or issue its recommendation to the Village Council, no later than ten (10) days after the completion of the hearing. The Board's decision shall include specific factual findings on each issue considered, and may include recommendations to the applicant or, where applicable, to the Village Council, as to changes in the plans and specifications which, in the judgment of the Board, would tend to further the general purpose of this section.
H. Issuance of Certificate.
1. Time Limitations. If consideration of an application for certificate of appropriateness of design by the Board has not been initiated within forty-five (45) days, or having been initiated, has not been concluded within forty-five (45) days following the owner's submission of additional evidence required by the Board, the Director shall, if the application is in order and the construction documents are in compliance with this code, approve the construction documents and issue the required permits or, where the matter is within the final jurisdiction of the Village Council, shall forward the complete record and supporting documentation to the Village Council for final determination.
2. Vote Required. A certificate of appropriateness of design shall be issued by the Board upon a concurring vote of a majority of its members present. If fewer than two-thirds of the members present vote to grant the certificate of appropriateness, the certificate shall not be issued until the time for the notice of appeal provided in subsection J of this section has lapsed, or if an appeal has been taken, until a final decision on the appeal has been reached by the Village Council. On matters within the final jurisdiction of the Village Council, a recommendation shall be issued by the Board upon the concurring vote of a majority of its members present.
I. Denial of Certificate.
1. Criteria. The Board or, where applicable, the Village Council, may deny a request for a certificate of appropriateness of design only upon findings that external architectural features of the proposal when completed will be: (a) so inconsistent with applicable Village design guidelines and such standards and criteria as may be adopted by the Board for the review of such external architectural features and site improvements as to be inappropriate and incompatible with the character of the immediate neighborhood; or (b) so inappropriate and incompatible with adopted Village plans or public improvements in the immediate neighborhood as to cause substantial depreciation in the effectiveness and value of such plans or improvements; or (c) so inappropriate and incompatible with the existing character of the immediate neighborhood as to cause substantial depreciation in property values in such neighborhood.
2. Vote Required. The Board shall not deny or recommend denial of a certificate of appropriateness of design except upon the concurring vote of a majority of its members present. Upon a determination or recommendation by the Board that no certificate should be issued, the Board shall so notify the Director of the Board's findings of facts and the Director shall thereupon either deny the permits applied for if the matter is within the final jurisdiction of the Board or shall forward the recommendation to the Village Council.
J. Action by Council.
1. Appeals. The applicant or any other person entitled to notice under subsection D of this section may take an appeal to the Council from any final decision of the Board. The appeal shall be requested in writing and shall be submitted to the Director within seven days of the Board's decision denying or granting the certificate.
2. Properties in C-1 Zoning District. In addition to considering appeals, the Council shall consider all matters pertaining to properties located within the C-1 (Limited Retail) Zoning District established by the Zoning Ordinance, in which case, the Design Review Board’s decision shall be advisory only. The record and final recommendation of the Board shall be forwarded to the Council by the Director within seven days of the Board's recommendation.
3. Any matter appealed or referred to the Council under this subsection shall be placed on the Council’s agenda within thirty (30) days from the date the written appeal is filed or the Board’s recommendation is delivered to the Village Clerk. The Council’s decision in the matter shall be final.
(Ord. MC-219-99 §§ 8--12, 1999: prior code § 23.36)(MC-6-2001, Amended 07/17/01)