A.   Authority: The village manager or the board of trustees, in accordance with the procedures and standards set out in this chapter, may grant exterior appearance approval pursuant to sections 9-3-10, 9-7A-9, and 9-7B-9, and subsections 9-4-9A, 9-5-9A, 9-6-9A, 9-7C-4C, and 9-7D-7C of this title and subsection 9-21-2C of this chapter.

   B.   Purpose: The exterior appearance review process is intended to protect, preserve, and enhance the character and architectural heritage and quality of the village, to protect, preserve, and enhance property values, and to promote the health, safety, and welfare of the village and its residents. The board of trustees hereby finds that the exterior appearance review process furthers the following public purposes and is therefore in the best interests of the health, prosperity, and welfare of the village and its residents.

      1.   Special Character: To effect and accomplish the protection, enhancement, perpetuation, and use of improvements and areas of special character or special historic and aesthetic interest or value which represent or reflect elements of the village's cultural, social, economic, political, and architectural history or distinction. (Ord. 2016-6-137, 6-6-2016)

      2.   Local Atmosphere: To maintain the local, "small town" atmosphere of various residential and business areas within the village.

      3.   Compatibility: To ensure compatibility of new development with the existing characteristics of the area.

      4.   Transitional Areas: To protect sensitive areas of transition from one land use to another.

      5.   Attractiveness: To protect and enhance the village's attractiveness to visitors and the support and stimulus to local business provided thereby.

      6.   Strong Economy: To strengthen the economy of the village.

      7.   Education, Pleasure, And Welfare: To promote the use of areas within the village for the education, pleasure, and welfare of the residents of the village.

   C.   Parties Entitled To Seek Exterior Appearance Review: Applications for building permits requiring exterior appearance review and approval pursuant to this zoning code may be filed by the owner of, or any person having a contractual interest in, the subject property. (Ord., 10-2004)

   A.   Application: Applications for exterior appearance approval shall be filed in accordance with the requirements of section 9-14-1 of this title. In addition to the requirements of section 9-14-1 of this title, every such application for approval in the B-2 central business district shall include a statement of proposed improvements which shall detail how the proposed improvements meet the applicable standards and consideration for exterior appearance review.

   B.   Other Approvals Required Prior To Approval: In any case where the proposed work requires the issuance of a special use permit, variation, or other approval, no exterior appearance approval shall be granted unless and until such special use permit, variation, or other approval has been issued. The issuance of any such other approval shall not be deemed to establish any right to exterior appearance approval.

   C.   Administrative Review: Exterior appearance review for any development or redevelopment which requires a public hearing pursuant to this zoning code including, but not limited to, a zoning map amendment, special use permit, variation, or planned development approval, or for which subdivision plat or condominium plat approval is required pursuant to the Lake Zurich municipal code, shall be conducted by the board of trustees. All other exterior appearance reviews under this chapter shall be conducted by the village manager or his/her designee. Within fourteen (14) days after a properly completed application has been filed, the village manager shall review the application to determine whether the proposed improvements will substantially alter the existing design and appearance of the subject structure. If the village manager determines that there shall be no such substantial alteration, then the village manager shall approve the application, subject to the provisions of subsection B of this section and sections 9-21-5 and 9-21-6 of this chapter. If the village manager determines that a public hearing is required, or that there will, or may be, such substantial alteration, then the village manager shall forward the application for review in accordance with subsections D through F of this section.

   D.   Public Meeting: A public meeting shall be set, noticed, and conducted by the plan commission in accordance with section 9-14-3 of this title.

   E.   Action By Plan Commission: Within forty five (45) days after the conclusion of the public meeting, the plan commission shall transmit to the board of trustees its recommendation, in the form specified in subsection 9-12-3H of this title, recommending either granting exterior appearance approval, granting the approval subject to conditions, or denying the approval. In reaching its recommendation, the plan commission shall be guided by the purposes for which the exterior appearance review process has been created and by the particular standards and considerations set forth in section 9-21-3 of this chapter. The failure of the plan commission to act within such forty five (45) days, or such further time to which the applicant may agree, shall be deemed to be a recommendation for approval of the application.

   F.   Action By Board Of Trustees: Within sixty (60) days after receipt of the recommendation of the plan commission, or its failure to act as above provided, the board of trustees shall, by ordinance duly adopted, grant exterior appearance approval, or shall make modifications acceptable to the applicant and approve such modified application, or shall disapprove the application. In reaching its decision, the board of trustees shall be guided by the purposes for which the exterior appearance review process has been created and the particular standards and considerations set forth in section 9-21-3 of this chapter. The failure of the board of trustees to act within such sixty (60) days, or such further time to which the applicant may agree, shall be deemed to be a decision denying the application. (Ord. 2016-6-137, 6-6-2016)

In their consideration of applications for exterior appearance approval, the village manager, the plan commission and the board of trustees shall consider and evaluate the propriety of granting the approval in terms of the effect of the application on the purposes for which exterior appearance approval is required. In addition, the plan commission and the board of trustees shall be guided by the following standards and considerations: (Ord. 2016-6-137, 6-6-2016)

   A.   General Quality Of Design And Site Development: New and existing buildings and structures and appurtenances thereof which are constructed, reconstructed, materially altered, repaired, or moved shall be evaluated under the following quality of design and site development guidelines:

      1.   Open Spaces: The quality of the open spaces between buildings and in setback spaces between street and facade.

      2.   Materials: The quality of materials and their relationship to those in existing adjacent structures.

      3.   General Design: The quality of the design in general and its relationship to the overall character of neighborhood.

      4.   General Site Development: The quality of the site development in terms of landscaping, recreation, pedestrian access, automobile access, parking, servicing of the property, and impact on vehicular traffic patterns and conditions on site and in the vicinity of the site, and the retention of trees and shrubs to the maximum extent possible.

   B.   General Standards For Visual Compatibility: New and existing buildings and structures, and appurtenances thereof, which are constructed, reconstructed, materially altered, repaired, or moved shall be visually compatible in terms of the following guidelines:

      1.   Height: The height of the proposed buildings and structures shall be visually compatible with adjacent buildings.

      2.   Proportion Of Front Facade: The relationship of the width to the height of the front elevation shall be visually compatible with buildings, public ways, and places to which it is visually related.

      3.   Proportion Of Openings: The relationship of the width to height of windows shall be visually compatible with buildings, public ways, and places to which the building is visually related.

      4.   Rhythm Of Solids To Voids In Front Facades: The relationship of solids to voids in the front facade of a building shall be visually compatible with buildings, public ways, and places to which it is visually related.

      5.   Rhythm Of Spacing And Buildings On Streets: The relationship of a building or structure to the open space between it and adjoining buildings or structures shall be visually compatible with the buildings, public ways, and places to which it is visually related.

      6.   Rhythm Of Entrance, Porch, And Other Projections: The relationship of entrances and other projections to sidewalks shall be visually compatible with the buildings, public ways, and places to which it is visually related.

      7.   Relationship Of Materials And Texture: The relationship of the materials and texture of the facade shall be visually compatible with the predominant materials used in the buildings and structures to which it is visually related.

      8.   Roof Shapes: The roof shape of a building shall be visually compatible with the buildings to which it is visually related.

      9.   Walls Of Continuity: Building facades and appurtenances such as walls, fences, and landscape masses shall, when it is a characteristic of the area, form cohesive walls of enclosure along a street to ensure visual compatibility with the buildings, public ways, and places to which such elements are visually related.

      10.   Scale Of Building: The size and mass of buildings and structures in relation to open spaces, windows, door openings, porches, and balconies shall be visually compatible with the buildings, public ways, and places to which they are visually related.

      11.   Directional Expression Of Front Elevation: A building shall be visually compatible with the buildings, public ways, and places to which it is visually related in its directional character, whether this be vertical character, horizontal character, or nondirectional character.

   C.   Additional Standards Applicable To Development In The B-2 Central Business District: New and existing buildings and structures and appurtenances thereof in the B-2 central business district which are constructed, reconstructed, materially altered, or moved shall be evaluated under the following quality of design and site development guidelines in addition to the standards set in subsections A and B of this section:

      1.   Overall Compatibility: The proposed improvements should be compatible with adjacent structures and with the overall redevelopment strategy for the B-2 district set forth in the official comprehensive plan.

      2.   Building Frontage Lines: Buildings along Main Street and Old Rand Road should have frontage directly adjacent to the sidewalk right of way line. Building setbacks may be permitted if the area between the building face and the sidewalk is used for outdoor retailing, seating, or usable public access open space and is compatible with adjacent properties.

      3.   Principal Entrance: Buildings along Main Street and Old Rand Road should have the principal store entrance accessible directly from the public sidewalk. A short private walkway to the entrance may be permissible if it is consistent with the character of the building and adjacent properties.

      4.   Entrance Highlights: Store entrances should be highlighted with architectural features compatible with the overall building design.

      5.   Windows: Windows should be subdivided to emphasize vertical proportions.

      6.   Story Distinctions: The first story of the building should be distinguished from the second story by means of a horizontal lintel, second floor overhang or setback, or similar detail.

      7.   Building Materials: Exterior building materials should be any of the following: brick, masonry, stucco, cementacious products, woodlike vinyl siding, and/or natural wood siding.

      8.   Signs: Sign materials, forms, and designs shall be integral with the building architecture. Custom designed individual letters, carved wood, or etched metal signs will be strongly encouraged. Perpendicular signs extending over the sidewalk may be permitted if limited in size and if compatible with adjacent properties and safety concerns. Backlighted fluorescent box signs shall be prohibited.

   D.   Additional Standards Applicable To Development In The LP Lake Protection District: New and existing buildings and structures and appurtenances thereof in the LP lake protection district which are constructed, reconstructed, materially altered, repaired, or moved shall be evaluated under the following development guidelines in addition to the standards set in subsections A, B, and, if applicable, C of this section:

      1.   No Adverse Impact On Views: The proposed development should create no undue adverse impact on existing views of the lake, subject to the other guidelines in this subsection D.

      2.   Diminution Of Value: Impacts on existing views of the lake may be offset by the degree to which the value of the subject property would be diminished by avoidance or elimination of such impacts on existing views.

      3.   Protection Of Lake Features: Such diminution in value may be offset, however, by the protection of a valuable existing feature of the lake.

      4.   Value Of Adjacent Properties: The use and enjoyment, or value, of adjacent properties should not be adversely affected by the proposed use or development. (Ord., 10-2004)

   E.   Special Considerations For Existing Buildings: For existing buildings, the village manager, the plan commission and the board of trustees shall consider the availability of materials, technology, and craftsmanship to duplicate existing styles, patterns, textures, and overall detailing. (Ord. 2016-6-137, 6-6-2016)

   A.   Authority: In approving an application for an exterior appearance approval, the village manager or the board of trustees may approve the plans as submitted, or on condition that specified modifications in such plans be made, or on any other condition deemed necessary to achieving the purposes and objectives of this section. Such conditions and modifications shall be set forth in the village manager's written approval or in the ordinance granting approval by the board of trustees. The violation of any such condition or modification shall be a violation of this zoning code. (Ord. 2016-6-137, 6-6-2016)

   B.   Affidavit Of Compliance With Conditions: Whenever an approval issued pursuant to this chapter is made subject to conditions to be met by the applicant, the applicant, upon meeting such conditions, shall file an affidavit with the village manager stating such compliance. (Ord., 10-2004)

Subject to an extension of time granted by the village manager pursuant to subsection 9-12-1J of this title, no exterior appearance approval shall be valid for a period longer than six (6) months unless the work authorized by such permit is commenced within such period. It shall be unlawful for any person to deviate from plans approved at the time of exterior appearance approval without obtaining an amended permit in the same manner as herein provided for obtaining original permits. (Ord., 10-2004)

This chapter shall not be construed to limit the application or effect of the village's building codes and ordinances or to relieve the applicant from the responsibility of complying with all such codes and ordinances. (Ord., 10-2004)