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2013-03-18 - Ordinance 2013-016 - AMENDING THE VILLAGE OF BUFFALO GROVE APPEARANCE PLAN3/18/2013 Ordinance No. 2013- 16 An Ordinance Amending the Village of Buffalo Grove Appearance Plan WHEREAS, the Village of Buffalo Grove is a Home Rule Unit of local government pursuant to the Illinois Constitution of 1970; and WHEREAS, the Village of Buffalo Grove Appearance Plan was approved by Ordinance No. 2009 -5 on January 19, 2009; and WHEREAS, the revised Village Sign Code was approved by Ordinance No. 2012 -18 on May 7, 2012; and, WHEREAS, the Village has determined that revisions to the Village Appearance Plan are necessary to make said Plan consistent with the revised Village Sign Code; and, WHEREAS, the Village Plan Commission reviewed the proposed amendments to the Appearance Plan on December 5, 2012 and voted 7 to 0 to recommend approval of said amendments; WHEREAS, the Village President and Board of Trustees have determined that said amendments of the Appearance Plan are appropriate and necessary to effectively administer the Village's sign regulations and appearance review process. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, PURSUANT TO ITS HOME RULE POWER: Section 1. The Ordinance is made pursuant to and in accordance with the Village's Home Rule powers. The preceding Whereas clauses are hereby incorporated herein. Section 2. Article III. Approval Process of the Village Appearance Plan is hereby amended to read as follows: A. If a proposed development or redevelopment is regulated by this Plan, then approval will be granted upon conformance to the applicable provisions of this Plan as well as all other applicable Village ordinances. Modifications or amendments to an approved plan are subject to additional appearance review. 2 B. The Appearance Review Team ( "ART ") shall review all development or redevelopment projects regulated by this Plan. C. The ART for Administrative Review shall consist of the Deputy Village Manager, Village Planner, Building Commissioner, and Associate Planner. Other staff personnel may be asked to assist the ART. The ART for Deviations of the Sign Criteria, Variations of the Sign Code, Minor Reviews, or Major Reviews shall include the aforementioned Village staff personnel, plus at least one representative from either the Plan Commission and /or Zoning Board of Appeals'. The latter will be determined depending on the composition of the project. The Trustee Liaisons to the Plan Commission or Zoning Board of Appeals will also be invited to participate in the aforementioned ART meetings. An architect or other design professional may be retained on an as needed basis to assist the Appearance Review Team on any project as determined by staff. D. An overview of the approval process is set forth below. Notwithstanding the following, the Corporate Authorities may review and take action upon a proposal in lieu of the foregoing approval process. The Appearance Review Flow Chart at Appendix A outlines the steps in the review process. In conducting the review process, staff, elected and appointed officials shall adhere to the following: • Work in an objective and understanding manner. • Work toward the aesthetic growth of the community and remediation of unsightly conditions. • Encourage and inspire public and private participation in the enhancement of community appearance and provide appropriate leadership. • Act as counselor and guide to persons working to develop, redevelop, maintain or improve properties. 1. The applicant presents a proposal to Village staff. 2. Village staff will determine the review process for the proposal — Major Review, Minor Review, Variation of the Sign Code, Deviation of the Sign Criteria, or Administrative. 1 The Chairperson of the respective Commission shall designate a representative to participate in the ART process. Commissioner representation may rotate depending on the project. 3 a. Major Review. If staff determines that the project requires rezoning, variations of the Zoning Ordinance, Development Ordinance or Sign Code, or a Planned Unit Development amendment, then said project shall proceed through the Major Review process. The applicant presents the proposal to the Corporate Authorities at a Village Board Meeting as either a Pre - Application Conference or a Referral to the Plan Commission, as determined by staff. i. The Corporate Authorities may refer the proposal to either the Plan Commission or Zoning Board of Appeals, if applicable and appropriate. ii. The ART shall hold a meeting or meetings to review the proposal for compliance with applicable provisions of the Village Appearance Plan. This review process will be concurrent with Plan Commission or Zoning Board of Appeals meeting(s). The ART will forward meeting minutes and a report with recommendations to either the Plan Commission or Zoning Board of Appeals, as appropriate. iii. The Plan Commission or Zoning Board of Appeals will make a recommendation for consideration by the Corporate Authorities. iv. If the Corporate Authorities determine that the appearance review process may be deferred to accommodate phasing or other unique aspects of a project, the conditions for said deferral shall be set forth in an ordinance or written agreement between the Village and the applicant. V. When a proposal is approved by the Corporate Authorities, the applicant may apply for all applicable permits through the Village's Building & Zoning Department. b. Minor Review. Substantial renovation to a property will require a Minor Review as determined by the Village Manager or designee. Uniform Sign Packages, as set forth in the Village Sign Code, shall require Minor Review, unless variations of the Sign Code are requested, which shall then require Major Review. "Substantial" shall be determined based on the following criteria: L Are the proposed changes a significant modification to the existing appearance of the building or property? ii. Will the basic appearance of the property be significantly changed due to different building massing, materials, colors or signage? n iii. Would the "casual viewer" conclude that the changes make the property noticeably different than the original appearance? The process for Minor Review shall be as follows: i. The ART shall hold a meeting, or meetings, to review the proposal for compliance with applicable provisions of the Village Appearance Plan. ii. If the application is denied, the applicant may appeal in writing to the Village Manager within 15 days of written notification of said denial. iii. The Village Manager may uphold the denial of the ART, overrule the denial of the ART, or work with the applicant to modify the proposal and return the proposal to the ART for additional review. iv. If denied, the applicant may appeal in writing to the Corporate Authorities within 15 days of written notification of said denial. v. If the proposal is approved, the applicant may apply for all applicable permits through the Village's Building & Zoning Department. C. Deviation of Sign Criteria. The following course of action shall take place if the proposal is a Deviation of Sign Criteria. L The ART shall hold a meeting or meetings to review the proposal. ii. ART meeting minutes, which include a recommendation from the ART, shall be provided to the Zoning Board of Appeals. iii. If approved by the Zoning Board of Appeals, the applicant may then apply for required permits through the Village's Building & Zoning Department. d. Variation of the Sign Code. The following course of action shall take place if the proposal is a Variation of the Sign Code. L The ART shall hold a meeting or meetings to review the proposal. ii. ART meeting minutes, which include a recommendation from the ART, shall be provided to the Zoning Board of Appeals. iii. The Zoning Board of Appeals shall provide a recommendation to the Corporate Authorities. 5 iv. The Plan Commission shall review variations pertaining to Uniform Sign Packages, Planned Unit Developments and other development reviews as set forth in the Village Sign Code. v. If the proposal is approved by the Corporate Authorities, the applicant may then apply for required permits through the Village's Building & Zoning Department. e. Administrative Review. All other proposals or petitions not accounted for shall be reviewed as part of the Administrative Review. L The ART, which consists of staff personnel, will hold a meeting or meetings to review the proposal for compliance with applicable provisions of the Village Appearance Plan. ART meeting minutes and a report will subsequently be distributed to the ART and the Village Manager. Minutes shall also be posted in the Appearance Review Team Minutes Database. ii. If denied, the applicant may appeal in writing to the Village Manager within 15 days of written notification of said denial. iii. The Village Manager may uphold the denial of the ART, overrule the denial of the ART, or work with the applicant to modify the proposal and return the proposal to the ART for additional review. iv. If denied, the applicant may appeal in writing to the Corporate Authorities within 15 days of written notification of said denial. v. If the proposal is approved, the applicant may apply for all applicable permits through the Village's Building & Zoning Department. Section 3. Any person violating any portion of this Ordinance shall be subject to the provisions of Chapter 1.08 of the Buffalo Grove Municipal Code. Section 4. This Ordinance shall be in full force and effect from and after its passage, approval and publication. This Ordinance may be published in pamphlet form. This Ordinance shall not be codified. 9 E^ 0 AYES: 5 —Trilling, Sussman, Terson, Stein, Ottenheimer NAYS: 0 — None ABSENT: 1— Berman PASSED: March 18, 2013 APPROVED: March 18, 2013 PUBLISHED: March 19, 2013 ATTEST: Village Clerk APPROVED: President STATE OF ILLINOIS ) COUNTY OF COOK ) CERTIFICATE I, Janet M. Sirabian, certify that I am the duly elected and acting Village Clerk of the Village of Buffalo Grove, Cook and Lake Counties, Illinois. I further certify that on March 18, 2013, the Corporate Authorities of the Village passed and approved Ordinance No. 2013 -16, AN ORDINANCE AMENDING THE VILLAGE OF BUFFALO GROVE APPEARANCE PLAN TO THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE a copy of such Ordinance was posted in and at the Village Hall, commencing on March 19, 2013 and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the Office of Village Clerk. Dated at Buffalo Grove, Illinois, this 19th day of March, 2013. L`m 3/18/2013 Ordinance No. 2013- 16 An Ordinance Amending the Village of Buffalo Grove Appearance Plan WHEREAS, the Village of Buffalo Grove is a Home Rule Unit of local government pursuant to the Illinois Constitution of 1970; and WHEREAS, the Village of Buffalo Grove Appearance Plan was approved by Ordinance No. 2009 -5 on January 19, 2009; and WHEREAS, the revised Village Sign Code was approved by Ordinance No. 2012 -18 on May 7, 2012; and, WHEREAS, the Village has determined that revisions to the Village Appearance Plan are necessary to make said Plan consistent with the revised Village Sign Code; and, WHEREAS, the Village Plan Commission reviewed the proposed amendments to the Appearance Plan on December 5, 2012 and voted 7 to 0 to recommend approval of said amendments; WHEREAS, the Village President and Board of Trustees have determined that said amendments of the Appearance Plan are appropriate and necessary to effectively administer the Village's sign regulations and appearance review process. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, PURSUANT TO ITS HOME RULE POWER: Section 1. The Ordinance is made pursuant to and in accordance with the Village's Home Rule powers. The preceding Whereas clauses are hereby incorporated herein. Section 2. Article III. Approval Process of the Village Appearance Plan is hereby amended to read as follows: A. If a proposed development or redevelopment is regulated by this Plan, then approval will be granted upon conformance to the applicable provisions of this Plan as well as all other applicable Village ordinances. Modifications or amendments to an approved plan are subject to additional appearance review. 2 B. The Appearance Review Team ( "ART ") shall review all development or redevelopment projects regulated by this Plan. C. The ART for Administrative Review shall consist of the Deputy Village Manager, Village Planner, Building Commissioner, and Associate Planner. Other staff personnel may be asked to assist the ART. The ART for Deviations of the Sign Criteria, Variations of the Sign Code, Minor Reviews, or Major Reviews shall include the aforementioned Village staff personnel, plus at least one representative from either the Plan Commission and /or Zoning Board of Appeals'. The latter will be determined depending on the composition of the project. The Trustee Liaisons to the Plan Commission or Zoning Board of Appeals will also be invited to participate in the aforementioned ART meetings. An architect or other design professional may be retained on an as needed basis to assist the Appearance Review Team on any project as determined by staff. D. An overview of the approval process is set forth below. Notwithstanding the following, the Corporate Authorities may review and take action upon a proposal in lieu of the foregoing approval process. The Appearance Review Flow Chart at Appendix A outlines the steps in the review process. In conducting the review process, staff, elected and appointed officials shall adhere to the following: • Work in an objective and understanding manner. • Work toward the aesthetic growth of the community and remediation of unsightly conditions. • Encourage and inspire public and private participation in the enhancement of community appearance and provide appropriate leadership. • Act as counselor and guide to persons working to develop, redevelop, maintain or improve properties. 1. The applicant presents a proposal to Village staff. 2. Village staff will determine the review process for the proposal — Major Review, Minor Review, Variation of the Sign Code, Deviation of the Sign Criteria, or Administrative. The Chairperson of the respective Commission shall designate a representative to participate in the ART process. Commissioner representation may rotate depending on the project. 3 a. Maior Review. If staff determines that the project requires rezoning, variations of the Zoning Ordinance, Development Ordinance or Sign Code, or a Planned Unit Development amendment, then said project shall proceed through the Major Review process. The applicant presents the proposal to the Corporate Authorities at a Village Board Meeting as either a Pre - Application Conference or a Referral to the Plan Commission, as determined by staff. i. The Corporate Authorities may refer the proposal to either the Plan Commission or Zoning Board of Appeals, if applicable and appropriate. ii. The ART shall hold a meeting or meetings to review the proposal for compliance with applicable provisions of the Village Appearance Plan. This review process will be concurrent with Plan Commission or Zoning Board of Appeals meeting(s). The ART will forward meeting minutes and a report with recommendations to either the Plan Commission or Zoning Board of Appeals, as appropriate. iii. The Plan Commission or Zoning Board of Appeals will make a recommendation for consideration by the Corporate Authorities. iv. If the Corporate Authorities determine that the appearance review process may be deferred to accommodate phasing or other unique aspects of a project, the conditions for said deferral shall be set forth in an ordinance or written agreement between the Village and the applicant. V. When a proposal is approved by the Corporate Authorities, the applicant may apply for all applicable permits through the Village's Building & Zoning Department. b. Minor Review. Substantial renovation to a property will require a Minor Review as determined by the Village Manager or designee. Uniform Sign Packages, as set forth in the Village Sign Code, shall require Minor Review, unless variations of the Sign Code are requested, which shall then require Major Review. "Substantial" shall be determined based on the following criteria: L Are the proposed changes a significant modification to the existing appearance of the building or property? ii. Will the basic appearance of the property be significantly changed due to different building massing, materials, colors or signage? 4 iii. Would the "casual viewer" conclude that the changes make the property noticeably different than the original appearance? The process for Minor Review shall be as follows: i. The ART shall hold a meeting, or meetings, to review the proposal for compliance with applicable provisions of the Village Appearance Plan. ii. If the application is denied, the applicant may appeal in writing to the Village Manager within 15 days of written notification of said denial. iii. The Village Manager may uphold the denial of the ART, overrule the denial of the ART, or work with the applicant to modify the proposal and return the proposal to the ART for additional review. iv. If denied, the applicant may appeal in writing to the Corporate Authorities within 15 days of written notification of said denial. v. If the proposal is approved, the applicant may apply for all applicable permits through the Village's Building & Zoning Department. C. Deviation of Sign Criteria. The following course of action shall take place if the proposal is a Deviation of Sign Criteria. i. The ART shall hold a meeting or meetings to review the proposal. ii. ART meeting minutes, which include a recommendation from the ART, shall be provided to the Zoning Board of Appeals. iii. If approved by the Zoning Board of Appeals, the applicant may then apply for required permits through the Village's Building & Zoning Department. d. Variation of the Sign Code. The following course of action shall take place if the proposal is a Variation of the Sign Code. i. The ART shall hold a meeting or meetings to review the proposal. ii. ART meeting minutes, which include a recommendation from the ART, shall be provided to the Zoning Board of Appeals. iii. The Zoning Board of Appeals shall provide a recommendation to the Corporate Authorities. 5 iv. The Plan Commission shall review variations pertaining to Uniform Sign Packages, Planned Unit Developments and other development reviews as set forth in the Village Sign Code. v. If the proposal is approved by the Corporate Authorities, the applicant may then apply for required permits through the Village's Building & Zoning Department. e. Administrative Review. All other proposals or petitions not accounted for shall be reviewed as part of the Administrative Review. i. The ART, which consists of staff personnel, will hold a meeting or meetings to t review the proposal for compliance with applicable provisions of the Village s Appearance Plan. ART meeting minutes and a report will subsequently be distributed to the ART and the Village Manager. Minutes shall also be posted in the Appearance Review Team Minutes Database. ii. If denied, the applicant may appeal in writing to the Village Manager within 15 days of written notification of said denial. iii. The Village Manager may uphold the denial of the ART, overrule the denial of the ART, or work with the applicant to modify the proposal and return the proposal to the ART for additional review. iv. If denied, the applicant may appeal in writing to the Corporate Authorities within 15 days of written notification of said denial. v. If the proposal is approved, the applicant may apply for all applicable permits through the Village's Building & Zoning Department. Section 3. Any person violating any portion of this Ordinance shall be subject to the provisions of Chapter 1.08 of the Buffalo Grove Municipal Code. Section 4. This Ordinance shall be in full force and effect from and after its passage, approval and publication. This Ordinance may be published in pamphlet form. This Ordinance shall not be codified 0 AYES: NAYS: ABSENT: PASSED: PUBLISHED: 6 5 — Trilling Sussman Terson Stein Ottenheimer 0 — None 1— Berman March 18, 2013 APPROVED: March 18, 2013 March 19, 2013 ATTEST: Village Clerk