[Amended by Ord. No. 1150; Ord. No. 1421; Ord. No. 1685; Ord. No. 1704]
An Architectural Review Commission is hereby created and shall consist of the following:
The Village Manager or Assistant Engineer, who shall be nonvoting Executive Secretary of the Board.
Seven citizen members, residing in the Village, appointed by the President and confirmed by the Village Board.
Four alternate members, appointed annually by the President and confirmed by the Village Board.
The designation of the Chair shall be made by the Village President and confirmed by the Village Board.
Citizen members shall be appointed for three-year terms, except that, upon initial appointment, two citizen members shall be appointed for a term to expire on April 30, 1971; two citizen members for a term to expire April 30, 1972, and two citizen members for a term to expire April 30, 1973. Commencing in 2005, the Village President shall by appointment endeavor to ensure that at least two licensed architects sit on the Architectural Review Commission. Furthermore, the Village President shall endeavor to include on the Architectural Review Commission additional architects or design professionals or those who have other construction or real estate experience.
A majority of the voting members of such Board shall constitute a quorum. The Commission shall keep a record of its proceedings, shall adopt rules and regulations governing its proceedings, and shall record the vote of each member of the findings of fact and its determination that a permit shall or shall not be issued as provided for in § 16-57. In case of the absence or disability of either the Chair or Executive Secretary of the Board, the Commission may elect any member as acting Chair or Acting Executive Secretary who shall act for the Chair or Executive Secretary, as the case may be, during such absence or disability.
[Amended by Ord. No. 1685]
The purpose of the Architectural Review Commission is to ensure that all construction and structures within the Village meet minimum standards of architectural quality, consistency, aesthetic design, and finish. The Architectural Review Commission shall maintain as its goal the perpetuation of the Village character and atmosphere, preservation of existing property values, and enhancement of the desirability of the Village as a residential community.
Applications and plans.
All building permit applications, plans and plot plans, or other permit applications, hereinafter referred to as "application papers," which provide for the construction of a new building, an addition to an existing building, or major exterior alterations to a one- or two-family dwelling, apartment, business, school, church, and similar building and attached accessory buildings thereto, or the erection or alteration of a radio or TV antenna tower or satellite earth station; or provide for any other structure which, in the opinion of the Building Inspector, may have a depreciating effect on the neighborhood where said structure is proposed to be placed; or provide for the moving of any building into or within the Village of Whitefish Bay, shall be referred to the Architectural Review Commission or, in District 11, to the Community Development Authority, for approval, modification or denial of a permit at the next regularly scheduled ARC meeting.
No building permit application may be submitted in District 11 unless the subject of the application first receives preliminary exterior design approval from the Community Development Authority on oral recommendation from a quorum of the Architectural Review Commission present at a Community Development Authority meeting. In the event of a permit application in District 11, the Community Development Authority shall have all the same powers and duties, both substantive and procedural, as the Architectural Review Commission.
Permit applications providing for interior alterations, minor exterior alterations, detached accessory buildings and structures, which in the opinion of the Building Inspector will not have a depreciating effect on the neighborhood and which comply in all other respects to the Village Code, shall be approved and a permit issued by the Building Inspector.
[Amended by Ord. No. 1797]
The filing deadline for a complete timely building permit application to be placed on the agenda of an ARC meeting shall be 17 calendar days preceding the regularly scheduled ARC meeting.
[Amended 1-21-2019 by Ord. No. 1845]
Applications will be placed on the agenda on a first-come, first-served basis for the first 10 applications received. The agenda order of the cases will be determined by the Building Inspector. Additional applications timely received may be held over to the next regularly scheduled meeting.
In the event that a timely application is not scheduled to be heard at the next following regularly scheduled meeting, the applicant shall be notified within three business days of filing.
The ARC shall meet in the Committee Room of the Village Hall in accordance with a schedule adopted in November each year by the ARC.
If the application is for new construction or an addition creating new square footage, the Building Inspector shall provide the applicant with a yard sign intended to notify the general public of the pending application. No hearing shall be held until the applicant certifies that the sign has been displayed in a conspicuous place in the front yard of the property for a period of at least five days.
[Amended by Ord. No. 1797]
The Architectural Review Commission shall adopt a checklist with all requirements for applications for a building permit approval.
At its discretion, the Architectural Review Commission may require additional materials, including, but not limited to, engineering reports, a grading plan, a landscaping and tree preservation and planting plan, site profiles, extended surveys including neighboring properties, extended elevations including neighboring structures, product information materials, story sticks describing products and materials to be used, and material samples (for additions).
[Amended by Ord. No. 1685; Ord. No. 1707]
Each member of the Architectural Review Commission shall view the premises and neighborhood, if unfamiliar therewith, or view pictures or a videotape before and/or during the hearing. At the hearing, the Architectural Review Commission shall examine the application papers, hear all applicants and all other persons who wish to be heard, may adjourn from time to time, and shall, within 72 hours (Saturdays, Sundays and holidays excluded) after the close of the hearing, pursuant to a majority vote of the members of the Architectural Review Commission present at such meeting, file written findings of fact for all single- and two-family residential permits, that the spirit and the letter of the Zoning Code are or are not satisfied, and that such permit shall or shall not be issued; for all other permits. that the exterior design and appearance of such structure is or is not incompatible with or so similar to the exterior design and appearance of structures constructed or in course of construction in the neighborhood of said proposed structure as to not be in harmony with the general character and to cause material depreciation generally to property in said neighborhood, and its determination that such permit shall or shall not be issued. Such findings and determination shall be in writing and signed on behalf of the Architectural Review Commission by its Chair and Executive Secretary. The Executive Secretary shall file a copy of such findings and determination, certified by him, with the Building Inspector and shall mail a similarly certified copy to each applicant for such permit. Thereupon, the Building Inspector shall issue or refuse to issue such permit in accordance with the determination of the Architectural Review Commission.
The Architectural Review Commission shall file a statement of findings of facts upon which the majority rely in support of the Architectural Review Commission's decision and a permit shall be issued or not issued accordingly. The Executive Secretary shall file a copy of the findings and determinations certified by him or her with the Building Inspector and shall mail a similar certified copy to the applicant for such permit. Thereupon, the Building Inspector shall issue or refuse to issue such permit in accordance with the determination of the Architectural Review Commission.
A permit for construction must be obtained within 180 days of the Architectural Review Commission approval, by the applicant listed on the permit application. If the applicant fails to obtain a permit within 180 days of approval, the applicant will be required to reapply for Architectural Review Commission approval.