(A)   It shall be the duty of the Building Commissioner to enforce this chapter, the Village Building Code, and the State Building Code, where applicable, by the grant and refusal of building permits and certificates of occupancy. The Building Commissioner shall review and forward applications for conditional use permits to the Planning Commission. The Building Commissioner shall forward requests for certificate of appropriateness to the Architectural Review Board. No building permit, certificate of occupancy, or conditional use permit shall be issued for any building, use, or occupancy which in its construction, location, or proposed use would violate or fail to comply with the provisions of the above mentioned Codes.

   (B)   In the event of the refusal of the Building Commissioner to issue any building permit or certificate of occupancy, such refusal shall be stated in writing stating reasons for such refusal, and a copy thereof mailed or delivered to the applicant for the permit and dated as of the date of that mailing or delivery.

   (C)   Enforcement of all zoning regulations shall be charged to the Building Commissioner. The Building Commissioner shall not issue a permit for excavating or construction unless the plans, specifications, and intended use conform to the provisions of this chapter. Final certification thereof shall be made by endorsement on the application in writing by a member of the Planning Commission designated by the Planning Commission as authorized to endorse application for building permits. The Building Commissioner shall examine all plans of all types of buildings and all plans for use as to compliance with this chapter and shall furnish executive services for the Planning Commission, handle correspondence, issue notices, compile all data and information necessary to an intelligent consideration of the appeal cases, and perform all services which require technical understanding and intimate knowledge of this chapter.

(2000 Code, § 151.020) (Ord. O-4-96, passed 3-25-1996)

   (A)   Generally. Building permits, certificates of occupancy, and/or conditional use permits are required for all structure installations, modifications, demolitions, all change in uses, and all conditional uses where specified and regulated by the Building Code and this chapter, except for “play structures” and “tree houses” as defined herein and which meet the requirements set forth in § 151.087(J) and (K). The property owner, and not the village, is responsible for the safe construction and use of play structures and tree houses. Certificate of appropriateness are required for all historic structures or structures located within a historic district and for all modifications to landmark sites. Fees for permits and certificates shall be as set forth in the Building Code.

   (B)   Building permits. All applications for building permits shall be accompanied by plans and specifications in triplicate as provided by the Building Code, and a plan drawn to scale in triplicate showing the actual shape and dimensions of the lot to be built on, the size and location of all trees larger than six inches in diameter, when measured at a height of five feet from the ground, the exact size and location on the lot of the buildings and accessory buildings existing, and the lines within which the proposed building shall be erected or altered, the existing and intended use of each building or part of a building, the number of families or housekeeping units the building is designed to accommodate, and such other information with regard to the lot, and neighboring lots within 200 feet, such as fencing, walls, driveways, decks, patios, or accessory structures, as may be necessary for the enforcement of this chapter. One copy of these plans shall be returned to the owner when the plans shall have been approved by the Building Commissioner. All dimensions shown on these plans relating to the location and size of the lot to be built upon shall be based on an actual survey by a duly licensed land surveyor. The lot and location of the building thereon shall be staked out on the ground before construction is started. A record of applications and plats shall be kept in the office of the Building Commissioner.

      (1)   No building permit shall be issued unless the plans and specifications required by this section demonstrate that the exterior design and architectural character of the proposed structure will not be at such variance with existing structures in the immediate vicinity as to cause substantial depreciation in the property values of such existing structures. This determination will be done by the Building Department. Any proposed demolition of an architectural feature on an existing residence must be noted on the plans and is subject to approval from the Building Department. If the residence is a contributing property to the NHL application, is an historic site, structure, or landmark, or is located within the historic district, no permit shall issue unless the proposed changes are first approved by the Architectural Review Board as prescribed by division (E) below in accordance with §§ 151.025 and 151.075(H).

   (C)   Certificate of occupancy.

      (1)   No building shall be used or occupied, in whole or in part, which does not comply with the provisions of this chapter. No change in the use of land, nor any change of use in an existing building, shall be made, nor shall any new building be occupied for any purpose until a certificate of occupancy has been issued by the Building Commissioner. Every certificate of occupancy shall state that the new use complies with all provisions of the Building Code and this chapter (see also Building Code § 1260, Housing Code).

      (2)   In order to obtain a certificate of occupancy, the applicant shall file an application with the Building Commissioner, indicating intended use and occupancy for a building or premises, accompanied by a basic data package (§ 151.026) where applicable. Where necessary in the opinion of the Building Commissioner, two sets of detailed plans may be required. In all cases a general inspection is required. Existing buildings and changing use shall meet the requirements as specified in the Village Building Code and this chapter. When on examination and inspection it is found that the use and building conform substantially to the provisions of the Building Code and this chapter for such occupancy, the Building Commissioner shall issue a certificate of occupancy. A record of all certificates of occupancy shall be kept on file in the office of the Building Commissioner.

      (3)   A temporary certificate of occupancy for a part of a building or premises may be issued by the Building Commissioner under such conditions as may be prescribed by the Planning Commission.

   (D)   Conditional use permits. Conditional use permits, exceptions to the use requirements of this chapter, are required for all conditional uses and for the enlargement, alteration, or extension of existing conditional uses.

      (1)   In order to obtain a conditional use permit, the applicant shall file an application with the Building Commissioner accompanied by a basic data package (see § 151.026, “basic data package”).

      (2)   The Building Commissioner shall refer the application to the Planning Commission which shall have 30 days to review the application with respect to the criteria stated in § 151.024(H)(4). The Planning Commission may approve, disapprove, or approve with conditions, an application (see § 151.050, “conditional use regulations”).

      (3)   When a conditional use that is heretofore not listed in this chapter (§§ 151.060 through 151.065) is approved by the Commission, it shall forward the application and its recommendations to the Village Council. The Council shall have 30 days to review and approve, approve with conditions, or deny the application.

      (4)   If approved, the Village Council shall follow the procedure stated in this code of ordinances for enacting amendments to this chapter (see also § 151.040).

   (E)   Certificate of appropriateness.

      (1)   Generally. A request for a certificate of appropriateness shall be filed with the Building Commissioner who shall forward it to the Architectural Review Board prior to modification of any landmark, a historic site, a landmark structure, or a structure located within a historic district whenever a building permit is required and in the following circumstances:

         (a)   Whenever any modification of a historic site is proposed, or a landmark structure, or a structure located within a historic district, whether public or private, is proposed to undergo alteration, reconstruction, enlargement, remodeling, painting, or staining, involving the exterior design, material, or orientation of the structure;

         (b)   When the owner of a landmark structure intends to construct, reconstruct, alter, or demolish any exterior portion of such structure, including signage, or an accessory building exceeding 300 square feet in floor area, or when the owner of a landmark structure intends to subdivide the lot containing the landmark structure;

         (c)   When the owner of a premises within a historic district which is not designated as a landmark structure intends to construct, reconstruct, alter, or demolish any exterior portion of a principal building an accessory building exceeding 100 square feet in floor area, or its signage; and

         (d)   When the owner or occupant of a premises intends to install, construct, reconstruct, alter, or demolish any sign or awning for a landmark structure or any structure within the Historic District, he or she shall first apply for and secure a building permit from the Building Commissioner and a certificate of appropriateness from the Architectural Review Board. The Architectural Review Board shall follow the requirements concerning signs and awnings in all sections of this chapter, including §§ 151.125 through 151.133. A building permit is not required for signs permitted under § 151.126(A)(1), (A)(2), (A)(4), (A)(5), and (A)(6).

   (2)   Procedure for certificate of appropriateness.

         (a)   Procedures for landmark structures and structures in historic districts, except signs:,

            1.   If a building permit from the Building Commissioner is required, the application for all structures, except signs, shall be accompanied by a line-drawing, indicating at a minimum the lot dimensions, size, shape, and dimensions of the structure; the location and orientation of the structure, on the lot, and the actual or proposed building setback lines. In addition, the application shall be accompanied by a detailed, narrative description of the proposed design or change of design, use of materials, and orientation of the structure, including any exterior plumbing, mechanical, and electrical appendages. Except in single-family residential zoning districts, applications for structures to be constructed or remodeled, which remodeling would increase or decrease the total gross building area by 50% or more, shall be accompanied by a colored elevation showing at a minimum the design, use of materials, and orientation of buildings. In addition, the Architectural Review Board may require the submission of colored perspectives or architectural renderings.

            2.   The application with materials indicated shall be received by the Building Commissioner no less than 14 days prior to the next regularly scheduled Architectural Review Board meeting. The Village Fiscal Officer shall cause to be posted in the prescribed locations in the village a public notice of the scheduled hearing date of the application together with a general description of the nature of the application. The applicant shall be notified by mail of the date of the hearing. Notice shall be mailed to all property owners abutting the subject property. A 24-inch by 30-inch sign shall be placed in the front yard of subject property four days in advance of the hearing by a Building Department representative conspicuously advertising to the passing public the time and date of the hearing. The sign shall be only removed by a representative of the Building Department the day following the hearing. The Board will determine by a vote of its members whether the application for a certificate of appropriateness will be issued, provided all other requirements for a building permit, if applicable, are met. If a decision of the Building Commissioner regarding requirements of this chapter, other than § 151.075, is to be appealed to the Planning Commission, a certificate of appropriateness must first be requested from the Architectural Review Board. If a certificate of appropriateness is not approved, the Board shall return the application and appended material to the applicant with a notice that the certificate of appropriateness shall not be issued and listing in writing all reasons why the applicant did not meet the criteria and standards set forth herein. Such notice shall also be sent to the Planning Commission. The Board shall decide all applications for certificate of appropriateness not later than 30 days after the first hearing thereon, unless all parties agree to a continuance (see Appendix E).

         (b)   Historic site and landmark procedures.

            1.   The application for all historic sites and designated landmarks shall be accompanied by a line-drawing, indicating at a minimum the lot dimensions, with the size, shape, dimensions, and nature of the modifications in the historic site to be made. In addition, the application shall be accompanied by a detailed, narrative description of the proposed design or change and the proposed method of modification.

            2.   The application with materials indicated in division (E)(2)(b)1. above shall proceed as per division (D)(2) above.

         (c)   Signage procedures.

            1.   If a building permit from the Building Commissioner is required, the application shall be accompanied by a color sketch of each proposed sign or awning as it would appear on the facade or surface to which it is to be attached, and color photographs of the existing facade and immediately adjacent facades (see also § 151.133).

            2.   The application with material indicated shall be reviewed by the Building Commissioner and the Chairperson of the Architectural Review Board. They shall approve or deny a certificate of appropriateness based on compliance with § 151.075(H)(2), “standards for review”.

            3.   If a certificate of appropriateness is denied by the Building Commissioner and the Chairperson of the Architectural Review Board, the application shall proceed to the Architectural Review Board as per division (E)(2)(a)2. above (see Appendix E).

(2000 Code, § 151.021) (Ord. O-4-96, passed 3-25-1996; Ord. O-4-98, passed 1-12-1998; Ord. O-12-06, passed 12-26-2006; Ord. O-14-16, passed 7-18-2016; Ord. O-23-22, passed 11-14-2022)

   (A)   In case any building or structure is or is intended to be erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is or is intended to be used in violation of this chapter, the Village Solicitor, in addition to the remedies herein provided for, is authorized to institute any appropriate action or proceeding in law or equity to prevent any unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, or to restrain, correct, or abate such violation.

   (B)   The Solicitor in cases of violations of the regulations for historic properties is also empowered to bring such civil action, whether equitable or legal, as may be necessary to enforce the provisions of §§ 151.025 and 151.075, including, but not limited to, an order to restore a structure to its appearance as the Architectural Review Board may approve. This civil remedy shall be in addition to and not in lieu of the criminal penalty herein provided.

(2000 Code, § 151.022) (Ord. O-4-96, passed 3-25-1996)

   The omission of any notice other than the notice required by general law (R.C. § 713.12) shall not affect the validity of this chapter.

(2000 Code, § 151.023) (Ord. O-4-96, passed 3-25-1996)

   (A)   The Planning Commission (see § 37.01) shall exercise the powers and perform the duties of a Planning Commission as authorized by R.C. Chapter 713. All meetings shall be public in conformance with requirements of R.C. § 121.22. In exercising its jurisdiction, the Planning Commission shall adopt from time to time such general rules and regulations relating to its procedure as it may deem necessary and shall designate the member or members of the Planning Commission who shall be authorized by the Planning Commission to endorse applications for building permits in accordance with the Building Code. The Planning Commission will meet in January each year to vote on who will be the Chair, Vice-Chair, and Secretary for the upcoming year.

   (B)   The Planning Commission shall also act as a Zoning Board of Appeals and is delegated power to hear and determine appeals from any decision, including the grant or refusal by the Building Commissioner of building or other permits, where such decision, grant, or refusal is based on the requirements of this chapter, and power to permit exceptions and variations from the district regulations in the classes of cases and situations hereinafter set forth, including the granting of subdivision of existing parcels or a planned unit development, and conditional use permits. If approval of a conditional use heretofore not permitted, the recommendation must be approved by Council (see Appendix E). No member of the Planning Commission shall participate in the review of any work of which he, she, or any partner or professional associate is the author, or in which he, she, or they may have any direct or indirect financial interest.

   (C)   Appeals, requests for conditional use variances, and requests for subdivision of existing parcels may be taken to the Planning Commission by any person or by any officer, board, or commission of the village, seeking a conditional use variance, a division of parcel, or affected by the grant or refusal of a building permit, certificate of occupancy, or by any other decision of the Building Commissioner where such decision is based on the requirement of this chapter. An appeal shall be filed with the Planning Commission within 30 days from the date of the grant, refusal, or other decision of the Building Commissioner. Historic structures or structures located within a historic district shall apply for a certificate of appropriateness from the Architectural Review Board prior to bringing an appeal to the Planning Commission (see § 151.021(E) and Appendix E). Appeals from a Building Commissioner decision regarding the Building Code may be taken to the Building Appeal Board (see Building Code, 1260: PM-106). The entity filing an appeal of a refusal by the Building Commissioner to issue a permit shall furnish to the Building Department by the first Wednesday of the month the following materials:

      (1)   Written narrative that addresses the criteria for granting a property variance, drawings, and other descriptive data to clearly define the nature and extent of the proposed property variance; and

      (2)   The names and address of all abutting property owners.

   (D)   Hearings of the Planning Commission shall be public in conformance with requirements of R.C. § 121.22. Notice of hearing of each appeal or request shall be given by the Commission by publication one time in a newspaper or other publication distributed generally to residents of the village or posting in five conspicuous places designated by the Council as places for posting ordinances, resolutions, and notices. Such publication or posting shall be effective not less than six days in advance of the date of the hearing. Notice shall be mailed to all property owners abutting the property under appeal. A 24-inch by 30- inch sign shall be placed in the front yard of the subject property six days in advance of the hearing by a Building Department representative conspicuously advertising to the passing public the time and date of appeal. The sign shall only be removed by a Building Department representative the day following the hearing. The cost of the sign shall be included in the appeal fee.

   (E)   Hearings shall be held within a reasonable time after the filing of the appeal or request and the giving of notice thereof. The Commission may go into executive session as per R.C. § 121.22. The Commission, in conformity with its interpretation of the provisions of this chapter, or under its powers to permit exceptions and variations hereinafter set forth, may affirm or reverse in whole or in part or may modify the ruling or decision of the Building Commissioner appealed from.

   (F)   The Commission shall decide all requests for a conditional use, the subdivision of an existing parcel, and all appeals by resolution. The votes of a majority of the members of the Commission in favor of any resolution shall be required for its adoption. Concise minutes and records shall be kept in the village office as to all official acts of the Board with respect to any decisions and appeals. A copy shall be provided to Council.

   (G)   The Planning Commission shall, on the adoption of any resolution, date and record it, and forthwith mail or deliver a copy of that decision to the appellant or party making the request. Within ten days from that date, the appellant or party making the request may file an appeal with the Council of the village. No decision of the Planning Commission shall be reversed or modified by the Council unless at least two-thirds of the members of the full membership of Council shall concur. The granting of a conditional use permit by the Planning Commission shall be approved by the Council with two-thirds of the full membership concurring.

   (H)   In considering zoning appeals and requests, the Commission shall have the power to grant a conditional use variance, to grant a subdivision of land, or reverse or modify a ruling or decision of the Building Commissioner, in the following respects:

         (a)   When there is reasonable doubt as to any provision of this chapter as applied to such property; or

         (b)   Exceptional or extraordinary circumstances or conditions apply to the subject property that do not apply generally to other properties in the village; and

         (c)   The authorization of such variance will not be materially detrimental to the public welfare or injurious to property in the vicinity in which the property is located; and

         (d)   The following design requirements are met.

            1.   For buildings which are parts of complexes involving several buildings designed by the same architect to form a consistent, harmonious entity, exterior paint or stain colors for all parts of the complex, including signage, irrespective of diversity of ownership, shall be chosen which reflect the character, style, and materials of the buildings.

            2.   Signage shall take into consideration exterior detail and relationships, compatibility and appropriateness of design and details, including all projecting and receding elements of the exterior, including, but not limited to, porches, overhangs, and the horizontal or vertical expression which is conveyed by these elements.

            3.   Any sign shall be of material and style harmonious to the overall theme of the area.

         (a)   The Commission shall have the power to grant a variation in the property provisions and requirements of this chapter which will not be contrary to the public interest or intent and purpose of this chapter, so that the public health, safety, convenience, comfort, prosperity, and general welfare will be conserved and substantial justice done, but only where, owing to special conditions pertaining to a specific piece of property, the strict application of the provisions or requirements of this chapter would cause a clearly demonstrable hardship.

         (b)   Variances may be granted under the following circumstances:

            1.   When there is reasonable doubt as to any provision of this chapter or the building zone map as applied to such property; or

            2.   When the following facts and conditions exist:

               a.   An exceptional narrow, shallow, or irregular lot, exceptional topographical conditions existing and of record June 27, 1941; or

               b.   Large "specimen" trees are in jeopardy; or

               c.    Where, by reason of extraordinary or exceptional circumstances or conditions, the literal enforcement of the requirements of this chapter would involve practical difficulty or would cause unnecessary hardship, or would not carry out the spirit and purpose of this chapter; and

               d.   Such variance is necessary for the use and enjoyment of the property in a manner similar to that which other property in the village is used; and

               e.   The authorization of such variance will not be materially detrimental to the public welfare or injurious to property in the vicinity in which the property is located; and

               f.   That the condition or situation of the subject property, or the intended use of the property, for which variance is sought, is not so general or recurrent a nature as to make reasonably practical the formulation of general regulations for such conditions or situation.

         (c)   In exercising any of the foregoing powers, the Commission may impose such special conditions or requirements as it shall deem necessary or desirable under the circumstances to reduce any adverse effect of any permission or grant, on the character and development of the district in which the specific property is located.

         (a)   The granting of such application shall be made only if such conditional use, exception, or modification:

            1.   Will not be materially detrimental or injurious to property in the village;

            2.   Will be consistent with the predominant or prevailing district land use, building and structure patterns, and the intent and purpose of this chapter.

         (b)   The Commission may impose, in addition to the minimum requirements and conditions specifically set forth for the conditional use, exception, or modification in question such special conditions or requirements as it shall deem necessary or desirable under the circumstances to reduce any adverse effect on property in the vicinity, or on the character and development of the district in which the specific property is located including:

            1.   Limitations on signs;

            2.   Limitations on building materials; or

            3.   Requirements for open spaces, screening, landscaping, construction offenses and other barriers, shielding of floodlights, erection of safety devices, location of vehicular entrances and exits, and surfacing of roads and driveways.

         (c)   Such other requirements and conditions as may be necessary to:

            1.   Safeguard the public health, safety, convenience, and general welfare;

            2.   Minimize the adverse impact of adjoining properties in the district or vicinity; and

            3.   Protect and preserve the character, attractions and orderly development of the district or vicinity.

(2000 Code, § 151.025) (Ord. O-4-96, passed 3-25-1996; Ord. O-16-03, passed 11-24-2003; Ord. O-12-06, passed 12-26-2006; Ord. O-7-20, passed 2-24-2020)

   (A)   Architectural Review Board.

      (1)   (a)   The Architectural Review Board shall consist of seven members, the Mayor of the village and one Council member only, and five members appointed by the Mayor and confirmed by Village Council. All appointments -shall be for a period of two years each. Vacancies shall be filled within 60 days for the remainder of unexpired terms in the same manner as original appointments and confirmations. The Mayor may serve as chairperson of the Architectural Review Board subject to review and approval by Village Council. Moreover, neither the Mayor nor the Council member shall be allowed to vote on any appeal that may be brought to a decision of the Architectural Review Board. Therefore, the Mayor will not be the tiebreaker for any issues that may come before Council on an appeal of a decision of the ARB. The Board shall include at least one registered architect and others with interest or special expertise in the historic preservation disciplines. At least one member shall be the owner of property within the Historic District. All members shall be residents of the village. Members shall be encouraged to attend an educational session relating to historic issues at least once a year. Any member of the Board shall be subject to removal for cause in the manner provided by the statutes of the state. In the case of temporary absence or disability of any member, a member may be appointed and confirmed in the manner above provided to serve during the temporary absence or disability. No member of the Board shall participate in the review of any work of which he or she, any partner or professional associate is the author, or in which he, she, or they may have any direct or indirect financial interest.

         (b)   This division (A)(1) shall go into effect at the earliest date allowed by law.

      (2)   There shall be at least four meetings a year. All meetings shall be public in conformance with requirements of R.C. § 121.22. The Village Fiscal Officer shall cause notice to be posted in five conspicuous places designated by the Council as places for posting ordinances, resolutions, and notices, (see § 151.021(E)(2)(a)2.).

      (3)   In exercising its duties, the Architectural Review Board shall adopt such general rules and regulations relating to its procedure as it may deem necessary, including holding a meeting in January to determine who will be the Chair and the Vice Chair, and a Secretary who shall prepare the certificate of appropriateness, the meeting minutes, and the annual report.

      (4)   Concise minutes and records shall be kept as to all official acts of the Board. A copy shall be kept in the village office and a copy provided to Council. A written annual report of the Board's activities, cases, decisions, and qualifications of members shall be kept on file at the village office and available for public inspection.

      (1)   In conjunction with the Village Preservation Foundation and the State Historic Preservation Office, to conduct a continuing survey of cultural resources in the community. To make recommendations for designation of local historic districts, landmarks, and historic sites to the Village Council according to § 151.075(I);

      (2)   In conjunction with the Village Preservation Foundation, to advise Village Council regarding the protection of the village's cultural resources;

      (3)   In conjunction with the Village Preservation Foundation and other historic and archaeological experts, to review and facilitate all proposed National Register nominations for properties within the village;

      (4)   In conjunction with the Village Preservation Foundation, to work toward the continuing education of village citizens regarding historic preservation issues;

      (5)   To establish and use "standards for review" (see § 151.075(H)) for the conservation of designated local historic districts, landmarks, and historic sites in decisions on requests for permits for alterations, demolitions, or additions to listed landmarks and historic sites within historic district(s), whether ownership is private or public;

      (6)   To maintain a detailed map of the Historic District(s) and a detailed list of all historic sites and landmarks structures in the village at the Col. Donald L. Shanks Municipal Building and make it available for public inspection;

      (7)   To review and approve or deny applications for all landmark structures, historic sites and districts, including signage, for certificate of appropriateness based on the regulations of §§ 151.021(E) and 151.075 for landmark structures or structures within a historic district within the village. In considering a request for a certificate of appropriateness, the Architectural Review Board shall follow the design requirements in § 151.075(H) and ensure compliance with the district requirements in §§ 151.060 through 151.065 and any other guidelines adopted by the Village Council. The Architectural Review Board shall recommend to Village Council all landmark structure, historic site, and historic district applications by resolution (except initial signage approval, see § 151.021(E)(2)(c)). The Board shall, on the adoption of any resolution by Village Council, date and record it, and forthwith mail or deliver a copy of that decision to the applicant. A denial of a certificate of appropriateness application may be appealed to the Village Council (see division (C) below, and also § 151.021(B)(2)); and

      (8)   (a)   To review and approve or deny applications sent from the Building Commissioner and the Architectural Review Board Chairperson for all signage for landmark structures, historic sites, and historic districts for certificate of appropriateness based on the regulations of §§ 151.021(E) and 151.075 for landmark structures or structures within a historic district within the village.

         (b)   In considering a signage request for a certificate of appropriateness, the Architectural Review Board shall follow the design requirements in § 151.075(H) and ensure compliance with the district requirements in §§ 151.060 through 151.065 and any other guidelines adopted by the Village Council. The Architectural Review Board shall decide all signage applications by resolution. The Board shall, on the adoption of any resolution, date and record it, and forthwith mail or deliver a copy of that decision to the applicant. A denial of a certificate of appropriateness signage application may be appealed to the Village Council (see division (C) below and § 151.021(E)(2) and Appendix E)).

      (9)   To review and approve any Building Application forwarded by the Building Department where there is concern whether the architectural character is at variance with existing structures in the immediate vicinity as to cause substantial depreciation in the property values of such existing structures or the residence is listed as a contributing property to the NHL application. This includes both the primary residence and any accessory structure. No permit shall be issued unless the proposed changes are first approved by ARB as prescribed by this section in accordance with § 151.075(H).

      (1)   Any person, firm, or corporation or any officer, department, board, or agency of the village who has been aggrieved by any decision of the Architectural Review Board involving an application for a certificate of appropriateness may appeal such decision to Council by filing notice of intent to appeal with the Village Fiscal Officer within ten days from the date of receipt of the decision, setting forth the facts of the case. No decision of the Architectural Review Board shall be reversed or modified by Council unless at least two-thirds of the full membership of the Council shall concur.

      (2)   An appeal regarding any section of this chapter other than § 151.075 shall be brought to the Planning Commission after the decision from the Architectural Review Board. Thereafter, appeals regarding the same property from the Planning Commission and the Architectural Review Board are to be taken simultaneously to the Village Council (see § 151.021(E) and Appendix E).

(2000 Code, § 151.026) (Ord. O-4-96, passed 3-25-1996; Ord. O-5-98, passed 1-12-1998; Ord. O-11-14, passed 3-24-2014; Ord. O-14-16, passed 7-18-2016; Ord. O-23-17, passed 10-23-2017; Ord. O-6-20, passed 2-24-2020; Ord. O-2-21, passed 1-25-2021; Ord. O-26-22, passed 11-14-2022; Ord. O-1-25, passed 1-13-2025)

   For the purpose of changing a building’s use according to the State Basic Building Code and as set forth in §§ 151.060 through 151.065), or obtaining a conditional use permit, a basic data package is required which includes:

   (A)   A site plan to scale showing the location, size, and use of buildings, parking areas, landscape planting, proposed grading, walks, drives, and other improvements and existing trees to be removed, and including the following:

      (1)   Existing side yard conditions including property lines, contours with intervals of one foot or sufficient spot elevations, existing buildings and trees with a caliper of six inches or more, and similar data on adjacent property;

      (2)   Height, use, and gross floor area of all buildings;

      (3)   Number of parking spaces; and

      (4)   Elevations of proposed buildings.

   (B)   A written description of the proposal and the reasons therefor; and

   (C)   Any written agreements or restrictions to accompany the proposal.

   (D)   Any whole or part of a building that is planned to be demolished needs to be noted in the base package.

(2000 Code, § 151.027) (Ord. O-4-96, passed 3-25-1996; Ord. O-25-22, passed 11-14-2022)