Any applicant or other person aggrieved by the action of the
ARB approving, approving with modifications, or disapproving an application
and/or the grant or denial of a building permit may request, within
30 days of the filing of the minutes of the ARB, that the ARB make
formal findings of fact. In the event of such a request, the ARB shall
make such findings of fact within 30 days after the request is filed
with the Secretary of the Board. The applicant or other person aggrieved
by the action of the ARB may appeal to the Board of Zoning and Appeals,
in accordance with its rules, within 30 days after the filing with
the Secretary of the Board of the formal findings of fact of the ARB.
Upon filing an application with the ARB, the applicant shall
pay to the Village a fee as shall be established from time to time
by resolution of the Board of Trustees.
[Amended 10-22-2020 by L.L. No. 10-2020]
A. Except as provided in Subsection
B hereof, every approval granted by the ARB pursuant to the provisions of this article shall lapse and be of no further force or effect unless within three years after the meeting in which said approval is granted substantial construction has been completed.
B. The ARB, for good cause shown, or upon a showing of no change in
law or facts upon which the ARB would then come to a different conclusion
with regard to the subject application, may extend the time within
which such substantial construction must be completed, upon written
application to it for such extension. In no event, however, shall
the ARB grant an extension for more than three years beyond the original
period hereinabove provided. In determining whether good cause exists
for such extension, the ARB shall consider, among other things, the
nature and extent of the construction and the difficulties tending
to delay construction.
[Added 6-22-2020 by L.L. No. 1-2020]
A. Notwithstanding anything to the contrary in §
161-54 and §
161-59, any person who seeks to: a) construct or alter, add to, or reconstruct an existing accessory building; b) make a change to a building or hardscape; c) fail to maintain or replant any landscaping; d) fail to adhere to any condition of the ARB, which would require the ARB's prior approval; or e) have the ARB determine that a stone exterior shall not be included in floor area, and believes that such construction, altering, addition, reconstruction, change, failure, or exclusion would not have a significant adverse impact upon i) the preservation or promotion of the character, appearance, or aesthetics of the Village, or ii) the neighboring properties, may seek a waiver of the ARB's approval in accordance with the following procedure.
[Amended 8-20-2024 by L.L. No. 8-2024]
B. Waiver
procedure.
(1) Such
person shall file with the Superintendent of the Building Department
such documents as the Superintendent deems necessary to determine
if there is a reasonable basis to granting the waiver.
(2) If,
in the sole discretion of the Superintendent, there is no reasonable
basis to grant the waiver, the Superintendent shall deny the application.
(3) If,
in the sole discretion of the Superintendent, there may be a reasonable
basis to grant the waiver, the Superintendent shall notify the Chairman
of the ARB.
(4) The
Chairman shall then review the documents provided to the Superintendent
and may request any additional documents from the applicant as will
assist in the review of the waiver application.
(5) If,
in the sole discretion of the Chairman, there is not sufficient reasonable
basis to the waiver, the Chairman shall deny the waiver.
(6) If,
in the sole discretion of the Chairman, there may be a reasonable
basis to the waiver, the Chairman shall choose two other members of
the ARB to assist in determining the waiver.
(7) The
Chairman and such other members of the ARB may, in their sole discretion,
then grant the waiver, grant the waiver in part, or deny the waiver,
and, upon any grant, in whole or in part, condition such grant upon
terms they believe will eliminate, reduce, or mitigate any adverse
impact by such grant.