There is hereby established a Design Review Board (the Board) which shall consist of five members who shall be residents of the Village and shall serve without compensation. The members of the Board shall be persons qualified, by special training and experience in architecture, art, landscape architecture, land development, community planning, real estate, engineering, law or other relevant business or profession or by reason of civic interest and sound judgment, to determine the effect of a proposed building or structure or alteration, a group of buildings or structures or a plan of building development on the desirability, property values and development of the surrounding areas and the Village as a whole. In addition, two alternate members with such qualifications may be appointed to the Board for a one-year term. Each alternate member shall be entitled to serve and function in the place and instead of a regular member when an alternate's presence is necessary to constitute a quorum of the Board on account of the absence or inability of a regular member to serve or function. The members and alternate members of the Board and the Chairman shall be appointed by the Mayor, subject to the approval of the Board of Trustees. Of the members first appointed, one shall hold office for a term of one year, two for a term of two years and two for a term of three years from and after their respective appointments. Their successors shall be appointed for a term of three years from and after the expiration of the terms of their predecessors in office. The Board of Trustees shall have the power to remove any member for cause. If a vacancy shall occur otherwise than the expiration of a term, it shall be filled by the Mayor for the unexpired term. The Mayor shall appoint a Secretary of the Board who need not be a member of the Board and who shall serve at the pleasure of the Mayor.

Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine, but a meeting shall be held within the period specified by the provisions of this article for review of a permit application referred to the Board. A majority of the appointed members of the Board, but not fewer than three members, shall constitute a quorum for the transaction of business. The affirmative vote of a majority of the whole Board shall be required for the Board to take any action under this article. The Board shall keep minutes of its proceedings showing the vote of each member upon every question or, if any member is absent or fails to vote, indicating such fact, and shall also keep records of its examinations and other official actions.

In the case of review of matters referred to it pursuant to § 175-34.3 of this article, the Board shall have the power to approve, approve with conditions or disapprove the grant of a building permit.

The Board shall have the power, from time to time, to adopt, amend and repeal rules and regulations not inconsistent with law or the provisions of this article, to govern its procedures and for the purpose of carrying out its duties under this article and carrying into effect the standards set out in this article. Such rules and regulations shall take effect upon ratification by the Board of Trustees. Every rule or regulation, every amendment or repeal thereof and every order, requirement, decision or determination of the Board shall be filed with the Clerk of the Village and shall be a public record.

The Board shall have the power to retain one or more qualified persons to serve as a consultant to it in carrying out its duties under this article. In the discretion of such Board, any such consultant may participate in its meetings; provided, however, that such consultant shall be without vote in regard to any action taken by the Board.

All applications for building permits filed with the Building Inspector, including proposed amendments pursuant to § 175-38 of this chapter, for the construction of a new structure, or for the alteration of a building or group of buildings involving the exterior appearance thereof, shall be referred to the Board within 10 business days after a determination by the Building Inspector that the permit applications are complete and comply in all respects with the Building Code and all applicable provisions of this chapter. Such application shall be accompanied by a Board fee, in such amount as may be established by resolution of the Board of Trustees, which shall be in addition to such other fees as may be required under the applicable ordinances of the Village.

Prior to the formal submission of an application to the Board, a preliminary conference may be held between the applicant and the Board or a subcommittee thereof or a consultant, as the Board may determine. The purpose of such a conference is to enable the applicant to inform the Board of the intended proposal, to provide the Board with an opportunity to review the design concept, to inform the applicant as to potential problems and concerns, to assist applicants in complying with this article, and to determine generally the information to be required on the formal submission. Such conference or any statements or representation made therein shall not be construed as limiting the authority of the Board under this article in reviewing a formal submission. The Board may also adopt such other preapplication review procedures to assist applicants in complying with the provisions of this article as it may from time to time deem necessary or expedient.

For any matter referred to the Board by the Building Inspector pursuant to Subsection A above, the applicant shall submit architectural plans showing the location and dimensions of proposed structures or alterations, as well as exterior elevations and materials to be used. In all cases where the application is for a new building, or where an alteration affects or increases an existing structure to the extent of 200 square feet of the existing floor area, or where the proposed construction is deemed by the Board to be a significant alteration of the land upon which the building is to be located, a site plan in such detail as the Board may require shall be provided, and the Board may require such a site plan in any other case in which it deems it appropriate. The Board by regulation may from time to time specify in greater detail the contents of submissions for review and may, in connection with any application, require that additional plans or information be submitted as it deems appropriate for carrying out its duties under this article.

After referral of an application by the Building Inspector pursuant to Subsection A above, the Board shall have 62 days within which to act on it. Such time limit may be extended by mutual agreement with the applicant. Failure of the Board to act within the time limit specified, or as it may be extended, shall be deemed to constitute approval of the application.

Excessive similarity of design in relation to any other structure existing in the vicinity (which, whenever used in this chapter, shall mean within a radius of 1,000 feet of the subject property), or for which a permit has been issued in the vicinity, or to any structure included in the same permit application, in respect to one or more of the following features of exterior design and appearance: apparently identical facade; substantially identical size and arrangement of either doors, windows, porticoes, or other openings or breaks in the facade, including reverse arrangement; or other significant identical features, such as but not limited to construction material, roofline and height or other design elements. However, a finding of excessive similarity shall state not only that such similarity exists but, further, that it is of such a nature as to produce one or more of the harmful effects set forth in § 175-34.1. of this article, and that the finding is not based on a personal preference as to taste or choice of architectural style.

Excessive dissimilarity of design or inappropriateness of design or of site plan in relation to any other structure existing in the vicinity, or for which a permit in the vicinity has been issued, or to any other structure included in the same permit application, or in relation to the characteristics of building design generally prevailing in the Village in respect of features of exterior design or appearance, including but not limited to materials or quality of construction or architectural design. However, a finding of excessive dissimilarity or inappropriateness shall state not only that such dissimilarity or inappropriateness exists but, further, that it is of such a nature as to produce one or more of the harmful effects set forth in § 175-34.1 of this article and that the finding is not based on personal preference as to taste or architectural style.

The poor quality of building or overall site design in respect to one or more of the following features: the relationship to and character of the adjacent neighborhood; the bulk, mass, dimensions, materials and location of structures on the site; the location of improved surfaces, including patios and driveways; excessive interference with light or view of properties in the vicinity; or excessive site disturbance in relation to the environmental, ecological, natural or other features of the subject site and properties in the vicinity, including but not limited to detrimental alteration of topography or drainage patterns and interference with the natural terrain or vegetation of surrounding properties. However, any finding of poor quality of construction or overall site design shall include not only that such condition exists but, further, that it is of such a nature as to produce one or more of the harmful effects set forth in § 175-34.1 of this article and, further, that the finding is not based on personal preference as to the matters set forth in this subsection.