[Adopted 12-14-2009 by L.L. No. 15-2009[1]]
[1]
Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State.
A. 
As soon as practicable, and in any event not more than 10 business days after receipt of a completed application for a building permit which is subject to § 24-6A(1)(g) or (h) of this chapter, the Code Enforcement Officer shall forward such application, together with the plans and other information set forth in Subsection B, to the Planning Board for architectural review thereof.
B. 
Applications must be accompanied by plans showing all elevations of new structures and all affected elevations in the case of additions or alterations. Such plans shall show all details of exterior construction, exterior colors including materials for exterior walls, doors, windows and roofs. For all new structures, a site plan with a scale minimum of one inch equals 20 feet must be submitted, showing the following:
(1) 
Property lines, including curblines of adjacent streets.
(2) 
Outline of existing and proposed structure, including walks, driveways, terraces, walls and fences.
(3) 
Location of existing adjacent buildings relative to the property line.
(4) 
Existing and proposed contours at two-foot intervals.
(5) 
Existing trees and trees to be removed with a trunk diameter of four inches or more at a point 12 inches above the ground.
(6) 
All proposed plantings.
C. 
The Code Enforcement Officer or the Planning Board may require submission of all or a portion of the above information as part of the application for an addition to an existing structure. The Code Enforcement Officer or the Planning Board may require the applicant to furnish grades and elevations of adjacent property and structures where they deem this information applicable to a proper evaluation of the relationship between existing and proposed structures.
In considering an application for architectural review and approval, the Planning Board shall take into account natural features of the site and surroundings, exterior design and appearances of existing structures and the character of the district and its peculiar suitability for particular purposes, with a view to conserving the values of property and encouraging the most appropriate use of land.
The Planning Board shall approve issuance of a building permit by the Code Enforcement Officer for any application referred to it upon finding that the building or structure for which the permit was requested, if erected or altered in accordance with the submitted plan, would be in harmony with the purpose of this chapter and the Bay Village architectural theme, would not be visually offensive or inappropriate by reason of poor quality of exterior design, would not have monotonous similarity or striking visual discord in relation to the adjacent sites or surroundings, would not mar the appearance of the area, would not impair the use, enjoyment and desirability and reduce the values of properties in the area, would not be detrimental to the character of the neighborhood, would not prevent the most appropriate development and utilization of the site or of adjacent lands and would not adversely affect the functioning economic stability, property, health, safety and general welfare of the entire community.
The Planning Board may deny any application for architectural review, provided that said Board has afforded the applicant an opportunity to confer upon suggestions for change of the plan and provided that the Board finds and states that the structure for which the permit was requested would, if erected or altered as requested by the applicant, result in the following:
A. 
Monotonous similarity to any other structure or structures located or proposed to be located on the same street or a corner thereof and within 250 feet of the site of the structure for which a building permit is requested, in respect to one or more of the following features of exterior design and appearance:
(1) 
Substantially identical facade, disregarding color; or
(2) 
Substantially identical size and arrangement of either doors, windows, porticos, porches or garages or other openings or breaks or extensions in the facade, including reverse arrangements; or
(3) 
Other substantially identical features, such as but not limited to setbacks from street lines, heights, widths and lengths of elements of the building design and exterior materials and treatments.
B. 
Striking dissimilarity, visual discord or inappropriateness with respect to other structures located or proposed to be located on the same street or a corner thereof and within 250 feet of the site of the structure for which a building permit is requested, in respect to one or more of the following features of exterior design and appearance:
(1) 
Facade, disregarding color;
(2) 
Size and arrangements of doors, windows, porticos, porches or garages or other openings or breaks or extensions in the facade; or
(3) 
Other significant design features, such as but not limited to heights, widths and lengths of elements of design, exterior materials and treatments, roof structures, exposed mechanical equipment, service and storage areas, retaining walls, landscaping, signs, light posts, parking areas and fences and service and loading areas.
C. 
Visual offensiveness or other poor qualities of exterior design, including, with respect to signs, consideration of the harmony or discord of colors, or incompatibility of the proposed structure with the terrain on which it is to be located, including but not limited to excessive divergences of the height or levels of any part of the structure from the grade of the terrain.
D. 
Lack of compatibility with the Bay Village architectural theme.
E. 
Failure to comply with the sky plane requirements set forth in the skyplane diagram marked as Exhibit A at the end of Chapter 4 of this Code.
The Code Enforcement Officer shall deny any building permit application subject to this article which has not received an approval by the Planning Board.
If the Planning Board shall fail to vote on any application referred to it within 45 days of the date of said referral, the application shall be considered to have been approved unless the applicant shall have agreed to an extension of time.