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1972-012ORDINANCE NO. 72 -12 AN ORDINANCE TO ESTABLISH AN APPEARANCE CODE OF THE CODE OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS. WHEREAS, the President and Board of Trustees of the Village of Buffalo Grove having determined that it is in the best interests of the said Village as more particularly hereinafter set forth, and will promote the public health, safety and general welfare of the residents of said Village, and will protect and enhance the property values in said Village, to adopt an Appearance Code of said Village, NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: SECTION 1. Title. This Ordinance, including any regulation hereafter adopted, shall be hereafter know, cited and referred to as the "Buffalo Grove Appearance Code." SECTION 2. Intent and Purposes. A. To promote the public health, safety, morals, comfort and general welfare of.the citizens of said Village. B. To enhance the values of property throughout the said Village. C. To protect and to stabilize the general appearance of buildings, structures, landscaping and open areas, in the multiple dwelling, business, commercial, planned development, new subdivisions, public lands and indus- trial zoning district of said Village. D. To insure adequate light, air and privacy for property in the multiple dwelling, business, commercial planned development, new subdivisions, public lands and indus- trial zoning district of the said Village. E. To encourage and promote acceptability, attractiveness, cohesiveness and compatibility of new buildings, devel- opment, remodeling and additions so as to maintain and improve the established standards of property values within the multiple dwelling, business, commercial, planned development, new subdivisions, public lands and industrial zoning districts of the said Village. SECTION 3. Appearance Commission - Creation and Term of Office... "There is hereby created an Appearance Commission, to consist of five members appointed by the Village President with the approval of the Board of Trustees. The initial appointments of members of the Commission shall be for the following respective terms: two for one year, two for two years, one for three years. Thereafter all appointments shall be for a term of three years. SECTION 4. Qualification. All reasonable members shall be residents of the Village and shall serve without compensation. All efforts shall be made to have the membership consist of registered architects, landscape architects, real estate appraisers and land planners. If possible, one member shall be the owner or an officer of a firm owning business, commercial or industrial property in the Village. In making appointments to the Commission, the President shall seek to appoint as members persons who are recognized as expert in matters of aesthetic judgement by virtue of training, education and experience and possessing qualities of impartiality and broad judgement. The members of the Commission shall, before entering their official duties, severally take the oath of office prescribed by law for Village officials. No member of the Commission shall participate in discussions or vote on requests of a Certificate of Appropriateness from any client he is serving or from any business of which he is owner, or corporation officer or employee. SECTION 5. Chairman. The President, with the approval of the Board of Trustees, shall appoint one of the members to serve as Chairman. The Chairman shall have power to administer oaths. SECTION 6. Vacancies. Vacancies on said Commission shall be filled for the unexpired term of the member whose place has become vacant in the same manner in which original appointments are required to be made. SECTION 7. Meetings, Quorum, Records. Meetings of the Appearance Commission shall be held at the call of the Chairman, and shall be called whenever an application for a Certificate of Appropriateness is submitted for consideration. Three members shall constitute a quorum. The Chairman shall be entitled to be counted in determining a quorum and to vote as a member. All meetings shall be open to the public. The Commission shall keep minutes of its proceedings and shall keep records of its examinations and other official action. The Commission may adopt its own rules of procedure not inconsistent with the Ordinance. SECTION 8. Powers and Duties. The Appearance Commission shall have the following powers and duties: (a) To hold public hearings on and make recommendations for an Appearance Plan as hereinafter provided. (b) To consult with and cooperate with the Plan Commission, other Village departments, and any other municipal or governmental bodies on matters affecting the appearance of the Village. (c) To study exterior design drawings, landscape and site plans and materials for any proposed public works or public improvements and to make recommendations to the Board of Trustees or Village Manager as to the architectural or aesthetic aspects thereof. (d) To hold hearings, when required, on the issuance of Certificates of Appropriateness as provided in Section 13 hereof, in connection with questions pertaining to applications for building permits and to issue or deny such Certificates pursuant to the provisions of said Section 13 hereof. SECTION 9. Appearance Plan. The Appearance Commission shall, within six (6) months after their appointment, prepare a proposed Appearance Plan to apply to the multiple family, business, commercial, planned development, new subdivisions, public lands and industrial zoning districts of the Village. Said Appearance Plan shall be based on the intent and purposes of ordinance which said plan shall be intended as the standards or guidelines for future physical developments, in said zoning district, and should consider, amongst other features: -2- (a) The external architectural features (as herein defined of proposed buildings and landscaping and site planning thereof; (b) Existing Village ordinance and as amended, as to, but not limited to, zoning, building, subdivision, trees and shrubs; provided, however, nothing in said Appearance Plan shall conflict with, modify or alter any provisions of the zoning, building or subdivision ordinance. SECTION 10. Public Hearing. After agreeing on a proposed Appearance Plan, the Commission shall hold a public hearing thereon. A copy of the plan shall be on file in the office of the Village Clerk for public inspection. Notice of the public hearing shall be published at least once in a newspaper of general circulation in Buffalo Grove not more than thirty (30) and not less than fifteen (15) days before the hearing. Written notice shall also be mailed (ordinary mail) to each property owner /occupant within a radius of 500 feet of property involved not more than thirty (30) and not less than fifteen (15) days before the hearing. The hearing may be adjourned from time to time. Within thirty (30) days after final adjournment, the Commission shall recommend a final Appearance Plan to the Board of Trustees. SECTION 11. Adoption by Board of Trustees. The Board of Trustees shall thereafter at a public meeting consider the pro- posed Plan and if it so desires may adopt the same in whole or in part, with or without change. The Appearance Plan, as adopted, shall be by ordinance. SECTION 12. Amendments. The Appearance Plan may be amended, from time to time, by the Board of Trustees or by the Board of Trustees after receiving a recommendation from the Commission regarding a proposed amendment. The Commission can make a recommendation only after holding a public hearing after notice as set.forth in Section 10 hereof. SECTION 13. Regulatory Powers of Commission of over External Architectural Features of Buildinc s and Structures. (a) After adoption of a plan, no building or other permit, otherwise required under the ordinance of the Village, for the erection, construction, alteration or repair of any building or structure in a multiple dwelling, business, commercial, planned development, public lands and industrial zoning districts shall be issued by the Building Commissioner except upon the granting of a Certificate of Appropriateness by the Appearance Commission. The foregoing requirement shall not preclude the issuance of a building permit without such certificate if the Building Commissioner shall determine that no external architectural feature as defined in Section is involved in the work for which the building permit is sought. (b) Certificate of Appropriateness - Preliminary Consideration. The Appearance Commission shall, at the written request of a prospective applicant for a Certificate of Appro- priateness, give consideration to preliminary exterior drawings, sketches, landscape and site plans and materials on a specific project before a formal application is filed, and shall provide such advice, counsel, suggestions and recommendations on matters pertaining to aesthetics as they may deem necessary to guide said prospective applicant in the development of a plan which would comply with the -3- requirements and purposes of the Appearance Plan; except that the Commission shall act in an advisory capacity only, with regard to preliminary plans, and shall provide consultation only on projects for which preliminary drawings and materials are furnished by said prospective applicant, and shall not participate in the development of the basic concept, plans or drawings. All hearings on preliminary plans are to be public, and are to be held in accordance with the provisions and requirements provided for in Section j1'/ (Final Hearings). Upon finding the preliminary exterior drawings, sketches, landscape and site plans and materials are appropriate to, or compatible with, the character of the immediate neighborhood and will tend to effect the general purposes of the Appearance Plan, the Commission will issue a Preliminary Approval. Said approval will be irrevocable, and makes the issuance of the Certificate of Appropriateness mandatory upon application, unless the final presentation does not comply in all respects with the preliminary pre- sentation upon which the Preliminary Approval was based. SECTION 14. Certificate of Appropriateness - Final Hearings. Upon the filing of an application for building permit for which a Certificate of Appropriateness is or may be required under Section hereof, the Building Commissioner shall immediately transmit said application to the Appearance Commission. The fact that an application for a Certificate of Appropriateness has been filed shall not be cause for the Building Commissioner to delay the review of plans relating to the building and zoning aspects of the project, while said Application is pending. The said Commission shall thereupon fix a reasonable time, within fifteen (15) days, for a hearing and give a written five (5) day notice thereof to the Applicant. Upon such hearing the Commission shall consider the application for building permit and if necessary receive additional evidence (such as exterior elevation renderings) from the applicant or his agent or attorney and from Village personnel or other persons as to whether the external architectural features of the pro- posed building or structure comply with said Appearance Plan. All testimony given at such hearing shall be under oath. SECTION 15. Action of Appearance Commission. If preliminary consideration has not been requested under the terms and provisions of Section 13, prior to making its decision the Commission may make recom- mendations to the applicant as to changes in the exterior drawings, sketches, landscaping, site plans and materials which in the judgement of '.the Commission would tend to effect the general purposes of the Appearance Plan. The Commission shall make its decision within fifteen (15) days after the hearing is closed and shall issue to the Building Commissioner a Certificate of Appropriateness, unless the:- Commission finds that the said plan does not conform to the said Appearance Plan and that the proposed building or structure will be inappropriate to, or incomparable with, the character of the immediate neighborhood and cause substantial depreciation in property values. If preliminary hearings have been held on the project for which application is being made, and Preliminary Approval has been issued by the Commission as provided in Section 13 (b), the Commission shall issue a Certificate of Appropriateness immediately, provided that the final drawings, plans and materials as presented comply in all respects with the preliminary presentation upon which the Preliminary Approval was based. SECTION 16. Denial by Appearance Commission. The Commis- sion shall not deny a Certificate of Appropriateness except upon the concurring vote of three (3) members. QC SECTION 17. Approval by President and Board of Trustees. The Appearance Commission is an advisory commission only. All rulings of the Commission shall be submitted to the President and Board of Trustees for final decision. The Commission shall file a transcript of the proceedings along with its findings with the President and Board on or before 15 days after it makes its decision. The President and Board may overrule, approval, modify or amend, wholly or in part, the Commission's findings, with or without a hearing by a majority vote. SECTION 18. Follow -up Building and Zoning Director. Upon the granting of a Certificate of Appropriateness, the exterior drawings, sketches, landscape and site plans, renderings and materials upon which said Certificate was granted shall be turned over to the Building Commissioner whose responsibility it shall be to determine, from time to time as the project is in progress and finally upon its completion, that there have been no unauthorized deviations from the evidence upon which the granting of the, Certificate of Appropriateness was originally based. SECTION 19. Definitions. The term "external architectural feature" is defined to mean the architectural style and general arrangement of such portion of a building or structure as is designed to be open to view from a public street, place, or way, including the kind, color and texture of the building material of such portion, and the types of windows, doors, lights, attached or ground signs and other fixtures appurtenant to such portion. SECTION 20. This Ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. SECTION 21. If any section, or part of a section of this Chapter is declared invalid or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any section of this Chapter. PASSED this day of , 1972. AYES: NAYESV O ABSENT: d ATTEST: Clerk' V PUBLISHEDe�.. -s-, , 2. -5- 3 VILLAGE OF BUFFALO GROVE ORDINANCE NO. ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE F BUFFALO GROVE THIS_ DAY OF 197L. Published in pamphlet form by authority' of the President and Board of Trustees of the Village of Buffalo Grove, Cook and Lake Counties, Illinois, this day of 19 72, village Clerk e