13.1

Design Commission. The powers, duties and responsibilities of the Design Commission are set forth in Chapter 6 of the Municipal Code.

13.2

Design Review. The procedures to be followed when determining when and how design review will occur shall be as follows:

a.

For developments where a public hearing is necessary before the Plan Commission or Zoning Board of Appeals, the design review process should, if feasible, be completed by the time of the public hearing. Development proposals requiring rezoning, PUD or other Plan Commission approvals, shall be reviewed by the Design Commission for building and signage only.

b.

For developments where no public hearing is necessary, the applicant for building permit shall be informed if there is a need for design review and if so, whether that review will be by the Design Commission or Staff. Developments that do not require a public hearing by the Plan Commission shall be reviewed by the Design Commission or by administrative design review for all elements under the Commission's responsibility.

c.

For demolition in residential zoning districts and all properties in the B-5 zoning district, design review is required prior to a demolition permit being issued. The review will evaluate the following:

1.

The development plan; and

2.

The estimated time frame for demolition and subsequent redevelopment plan and timeline, including verifying that:

a)

Proposed redevelopment is in character with the neighborhood and meets the criteria in the design guidelines; and

b)

Proposed redevelopment will not adversely affect the neighborhood.

13.3

Application. An application verified by the owner of the subject property or their authorized agent shall be filed the Department of Planning and Community Development upon a required form and eight copies of the following:

a.

Plat of Survey;

b.

Floor plans;

c.

Existing and proposed elevations of all building facades and roof plans (renderings optional);

d.

Proposed site plan and photos of adjacent properties;

e.

Landscaping plans, including existing plant material, size and quantity of proposed material;

f.

Specifications and rendering of signs, if sign review is required;

g.

A sample of all color, kind and texture of materials to be used;

h.

Location map with roads, parking, existing buildings and other significant features within approximately 250 feet from proposed building site;

i.

Zoning data worksheet.

13.4

Departmental Review. The Department of Planning and Community Development shall be the administrative contact to the Design Commission responsible for reviewing all petitions, making recommendations for changes or modification in design and providing assistance in interpreting the Design Guidelines. The Director or designee may determine that certain projects do not need formal design review, either by the Design Commission or staff. Such projects may include small (approximately 300 square feet or less) one-store additions in the rear of homes, small commercial building changes and similar small projects. The review will ensure the project is in compliance with the design guidelines, as applicable. In cases where the Village has determined that formal design review is not necessary, no design review fee will be charged.

13.5

Design Commission Meeting. The Design Commission will schedule a public meeting as soon as practicable after complete submittal and review by the Department of Planning and Community Development of the plans, at which time the developer will make a presentation on the project. A decision of approval, modification or denial will be made immediately upon consideration of the Design Guidelines following the applicant's presentation.

13.6

Notice by Sign. For projects in residential districts requiring Design Commission review, a sign providing notice of the public meeting of the Design Commission shall be required to be posted by the applicant in accordance with the requirements set forth in Section 14 of this Chapter.

13.7

Issuance of a Certificate of Approval. The Design Commission will issue a Certificate of Approval if:

a.

The applicant's plans achieve the purpose and intent of the Design Guidelines.

b.

The proposed design is compatible with the character of neighboring buildings contributing to a favorable environment in the Village.

c.

The existing property or structure is determined not to have significant architectural, historical, aesthetic, or cultural value.

If the Commission denies the issuance of a Certificate of Approval, no building permit or demolition permit will be issued on the application except by direction of the Village Board.

13.8

Enforcement of a Development Schedule. The Certificate of Approval shall be effective for no more than 12 months from the date it was issued. Unless a building permit has been issued and construction commenced within this time period, the Certificate of Approval shall be void. An extension of up to 12 months can be obtained by submitting a detailed request to the Planning and Community Development Department.

13.9

Amendments. Amendments to a Certificate of Approval must be obtained through the same process as set forth above.

13.10

Appeal. For all petitioners appearing before the Design Commission who do not need to also appear before the Plan Commission or Zoning Board of Appeals, the petitioner has the right to appeal directly to the Village Board. The appeal must be made in writing and submitted to the Village Manager, within 30 days of receipt of the notice of denial by the Design Commission. The Village Board, at a regular meeting, will either:

a.

Agree with the Design Commission's decision; or

b.

Overrule or modify the decision of the Design Commission and direct the issuance of a permit.

For all petitioners appearing before the Design Commission who need to also appear before the Plan Commission or Zoning Board of Appeals, the petitioner has the right to file an appeal to the Village Board. The appeal must be made in writing and shall be forwarded to the Village Board along with the other documents submitted for their review at the same time as the recommendation from the Plan Commission or Zoning Board of Appeals is submitted to the Village Board. The appeal will then be considered by the Village Board at a regular meeting concurrently with the Village Board's review of the recommendation from the Plan Commission or Zoning Board of Appeals. The Village Board will either:

a.

Agree with the Design Commission's decision; or

b.

Overrule or modify the decision of the Design Commission and direct the issuance of a permit.

In all other cases, the Design Commission's decision will be sent to the Plan Commission or Zoning Board of Appeals, so that they are aware of the Design Commission's decision.

(Ord. #13-035, #18-010)