Chapter 16.20
APPEARANCE CODE
Sections:
16.20.030 Appearance commission – Creation and term of office.
16.20.070 Meetings, quorum, records.
16.20.110 Adoption by board of trustees.
16.20.140 Follow-up by zoning administrator.
16.20.010 Title.
This chapter, including any regulation hereafter adopted, shall be hereafter known, cited and referred to as the Riverdale appearance code. (Ord. 93-40 § 2, 1993)
16.20.020 Intent and purpose.
This Riverdale appearance code is adopted for the following purposes:
A. To promote the public health, safety, morals, comfort and general welfare of the citizens of the village;
B. To enhance the values of property throughout the village;
C. To protect and to stabilize the general appearance of buildings, structures, landscaping and open areas, in the multiple dwelling, business, public lands and manufacturing districts of the village;
D. To insure adequate light, air and privacy for property in the multiple dwelling, business, public lands and manufacturing zoning districts of the village; and
E. To encourage and promote acceptability, attractiveness, cohesiveness and compatibility of new buildings, developments, moved buildings, remodeling and additions so as to maintain and improve the established standards of property values through the village. (Ord. 93-40 § 2, 1993)
16.20.030 Appearance commission – Creation and term of office.
There is hereby created an appearance commission, to consist of seven 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: four for one year, and three for two years. Thereafter, all appointments shall be for a term of two years. However, all commission members serve at the pleasure of the village board. (Ord. 93-40 § 2, 1993)
16.20.040 Qualifications.
All members of the appearance commission shall be residents of the village and shall serve without compensation. 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 (such as architects, ecologists and land planners), 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 for a certificate of appropriateness from any client he is serving or from any business of which he is an owner, corporate officer, agent or employee. (Ord. 93-40 § 2, 1993)
16.20.050 Chairman.
The village 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. (Ord. 93-40 § 2, 1993)
16.20.060 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. (Ord. 93-40 § 2, 1993)
16.20.070 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. Four members shall constitute a quorum. An affirmative or negative vote of at least four members is needed for approval or denial. 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 this chapter. (Ord. 93-40 § 2, 1993)
16.20.080 Powers and duties.
The appearance commission shall have the following powers end duties:
A. To hold public hearings on and make recommendation for an appearance plan as provided in RMC 16.20.090.
B. To consult with and cooperate with the plan commission, zoning board of appeals, 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 as to the architectural or aesthetic aspects thereof.
D. To hold hearings, when required, on the issuance of certificates of appropriateness, as provided in RMC 16.20.130 and to issue or deny such certificates in accordance with said section. (Ord. 93-40 § 2, 1993)
16.20.090 Appearance plan.
The appearance commission members shall, within six months after their initial appointment, prepare a proposed appearance plan to apply throughout the zoning districts of the village, and are authorized to seek the advice and counsel of local qualified professionals in the fields of architecture, ecology and land planning in the creation of the appearance plan. Said plan shall be based on the intent and purpose of this chapter, as set forth in RMC 16.20.020. Said plan shall be intended as the standard, or guideline for future physical developments, in said zoning districts, and should consider, amongst other features:
A. The external architectural features of proposed buildings and landscaping and site planning thereof.
B. Existing village ordinances and provisions of the Riverdale Municipal Code as amended, as to, but not limited to, zoning, building, B.O.C.A., life safety codes, and development regulations; provided, however, nothing in said plan shall conflict with, modify or alter any provisions of the zoning or development ordinances of the village. (Ord. 93-40 § 2, 1993)
16.20.100 Public hearing.
After agreeing on a proposed appearance plan, the commission shall hold a public hearing thereon. A copy of the proposed plan shall be on file during regular business hours in the Village Hall for public inspection at least seven days prior to that public hearing and at all times after its adoption. Notice of the public hearing shall be published at least once in a newspaper of general circulation in the village not more than thirty nor less than fifteen days prior to that hearing. The hearing may be adjourned from time to time. Within thirty days after final adjournment of the hearing, the commission shall recommend a final appearance plan to the board of trustees. (Ord. 93-40 § 2, 1993)
16.20.110 Adoption by board of trustees.
The board of trustees shall thereafter at a public meeting consider the proposed plan and if it so desires may adopt the same in whole or in part, with or without changes. The appearance plan, as adopted, shall be by ordinance. (Ord. 93-40 § 2, 1993)
16.20.120 Amendments.
The appearance plan may be amended, from time to time, by the board of trustees after receiving a recommendation from the appearance commission regarding a proposed amendment. The appearance commission shall make a recommendation as to amendments only after holding a public hearing after notice as set forth in RMC 16.20.100. Petitions for amendment may be initiated by the village, the appearance commission itself, or by any citizen. (Ord. 93-40 § 2, 1993)
16.20.130 Regulatory powers of commission over external architectural features or building and structures.
A. Certificate of Appropriateness – When Required. A certificate of appropriateness shall be required:
1. In all cases involving a petition for zoning, rezoning, variance, conditional use, special use, planned unit development, and all matters as may involve either the planning commission or the zoning board of appeals.
2. In all cases in which a permit may be required for the moving of any structure or building, whether industrial, commercial, or residential, onto any lot within the village.
3. In all other cases, whenever a building permit or other permit required under the ordinances of the village is requested for the erection or construction of any building or structure, including commercial, industrial and residential, or the repair, renovation of or addition to of any building or structure, excluding therefrom single-family residences. No such building permit or other permit shall be issued by the building inspector 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 inspector determines that no external architectural feature, as defined in RMC 16.20.090 is involved in the work for which the building permit is sought.
B. Details of Plan Submittal. The contents of plan submittal requesting a certificate of appropriateness shall comply with the requirements for same, as may be required by the appearance commission, and as set forth in the appearance code.
C. Certificate of Appropriateness. Upon the filing of an application for building permit for which a certificate of appropriateness is or may be required under this section, the zoning administrator, or his designee, shall call for a meeting of the appearance plan review committee, which shall consist of the fire chief, building inspector, and director of community and economic development. All materials submitted in the application shall be forwarded to the members of the appearance plan review committee. The fact that an application for a certificate of appropriateness has been filed shall not cause the zoning administrator or building inspector to delay the review plans relating to the building and zoning aspects of the project while said application is pending. The appearance plan review committee shall thereupon fix a reasonable time, within fifteen days, for a meeting, and shall give a five-day written notice thereof to the applicant. At such meeting, members of the appearance plan review committee shall consider the application for a certificate of appropriateness permit and if necessary review additional evidence from the applicant or his agent or attorney and from village personnel or other persons as to whether the external architectural features of the proposed building or structure comply with said appearance plan. Summary notes shall be taken at this and any subsequent meeting.
D. Upon receipt of a recommendation from the appearance plan review committee, the appearance commission shall at its next regularly scheduled meeting review the materials as submitted by the applicant and the summary notes of the appearance plan review committee, and shall issue to the zoning administrator a certificate of appropriateness, unless the commission finds that said plan does not conform for the appearance plan and that the proposed building or structure would be inappropriate to, or incompatible with, the character of the immediate neighborhood, and/or, in the opinion of professional experts, cause substantial depreciation in property value.
E. Appeal from Appearance Commission. Appeal of any decision or action of the appearance commission under this section may be taken to the village board for final decision. Such appeal shall be initiated by a written request to the village clerk asking that the matter be placed on the village board’s agenda for consideration. Such request must be received by the clerk no later than thirty days after the date of the decision appealed from. The village may require the applicant for an appeal to a decision of the appearance commission to pay a fee for the processing of such appeal. (Ord. 93-40 § 2, 1993; Ord. 94-18 §§ 1, 2, 1994)
16.20.140 Follow-up by zoning administrator.
Upon the granting of a certificate of appropriateness, the exterior drawings, elevations, sketches, landscape and site plans, renderings and material upon which said certificate was granted shall be turned over to the zoning administrator 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 substantial unauthorized deviations from the presentation upon which the certificate of appropriateness was originally granted. Any substantial unauthorized deviation shall be cause for the zoning administrator to halt construction of a project which is not substantially as shown in the sketches, plans and other material submitted and on which the certificate of appropriateness was approved. If a project is otherwise completed but some phases of the appearance plan have not been completed, a developer may deposit sufficient funds in escrow to complete the project and obtain a temporary certificate of occupancy. (Ord. 93-40 § 2, 1993)
16.20.150 Penalties.
Any person, firm, or corporation who violates, omits, neglects, or refuses to comply with, or who resists the enforcement of any of the provisions of this chapter shall, upon conviction, be fined not less than twenty-five dollars nor more than five hundred dollars for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. (Ord. 93-40 § 2, 1993)