§ 30-940.7. Process for administration.

(a)

Approval required. No building or structure or any exterior portion thereof, sign or driveway shall be constructed, altered, reconstructed, repaired, restored or demolished within any design overlay district unless the building or structure or any exterior portion thereof, sign or driveway is approved by the designee of the Urban Design Committee or, on appeal, by the Urban Design Committee or the City Council, as being consistent with the purpose set forth in the adopted design guidelines of the particular design overlay district in which the property is situated. All such approvals shall be evidenced by a certificate of approval. No permit to authorize any new construction, alteration or demolition or to erect any sign or to install any driveway shall be issued by the responsible City agency unless the applicant has first obtained a certificate of approval for such work.

(b)

Scope of review. A certificate of approval shall only be required for such new construction, demolition or alterations to a building, structure or site which are within public view and are specifically described in the adopted design guidelines for the particular design overlay district, as established in this division, in which the property is situated.

(c)

Administration generally. Design overlay districts shall be administered through the building permit and certificate of zoning compliance application processes in accordance with Article X, Divisions 2 and 3 of this chapter, and such other permit approval processes of any agency of the City that affect any feature of the district design guidelines established in this division. Applications for all such permits on properties situated in a design overlay district shall be forwarded to the Zoning Administrator by the responsible City agency. The Zoning Administrator shall determine if a certificate of approval is required by the adopted design guidelines as provided for by Section 30-940.4(b)(7) for the particular design overlay district in which the property is situated and, if such determination is made, the Zoning Administrator shall forward the plans to an appointed designee of the Urban Design Committee for review. The Director of the Department of Planning and Development Review may establish additional procedures and guidelines for the administration of design overlay districts.

(d)

Conceptual review of plans. Pursuant to this division, any person may request a conceptual design review of the proposal for exterior work, before submitting for a building permit, certificate of zoning compliance or other applicable permit or approval. The appointed designee of the Urban Design Committee may review and discuss the proposal with the applicant and make any necessary recommendations. Such conceptual review shall be advisory only.

(e)

Permit review and additional submission requirements. Upon receipt of a complete application for a building permit, certificate of zoning compliance or other applicable permit or approval for a building, structure or other feature located on property within a designated design overlay district, the appointed designee of the Urban Design Committee shall review the plans for conformance with the adopted design guidelines for the particular design overlay district as established in this division. In order to determine conformance with the adopted design guidelines, the applicant may be required to submit additional information on the proposed exterior architectural features of the building, structure or feature, which may include but shall not be limited to the design, arrangement, texture, materials, and color proposed to be used and the type of windows, exterior doors, lights, signs, site improvements, and other exterior fixtures and appurtenances.

(f)

Approval or disapproval of application and issuance of certificate of approval. Upon review of plans for conformance with the adopted design guidelines of a particular design overlay district, the appointed designee of the Urban Design Committee shall approve, with or without conditions, or shall disapprove such and shall notify in writing the neighborhood organization which requested design overlay district designation for its neighborhood. If the plans are approved, the designee of the Urban Design Committee shall issue a certificate of approval, with or without conditions, and the applicant shall be required to post the certificate of approval on the exterior of the property within public view within two calendar days after the granting of such approval. The certificate of approval shall remain posted for 30 consecutive days. The designee of the Urban Design Committee shall note approval, with or without conditions, or shall note disapproval on the building permit or other applicable permit.

(g)

Reason for action. Pursuant to this section, the appointed designee of the Urban Design Committee shall clearly state the reason for approval or disapproval of the plans on the building permit or other applicable permit.

(h)

Normal maintenance and repair. Nothing in this division shall be construed to prevent the normal repair and maintenance of any exterior architectural features located in a design overlay district.

(i)

Unsafe and dangerous conditions. Nothing in this division shall be construed to prevent the construction, reconstruction, alteration or demolition of any building or feature which the Commissioner of Buildings shall determine is required for public safety because of an unsafe or dangerous condition. Upon the determination of such a condition, the Commissioner of Buildings shall provide notice to the appointed designee of the Urban Design Committee.

(Code 1993, § 32-940.7; Code 2004, § 114-940.7; Ord. No. 2009-221-2010-9, § 1, 1-25-2010; Ord. No. 2010-94-80, § 1, 5-10-2010)

(Code 1993, § 32-940.7; Code 2004, § 114-940.7; Ord. No. 2009-221-2010-9, § 1, 1-25-2010; Ord. No. 2010-94-80, § 1, 5-10-2010)