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A. Code Compliance Required: Except as otherwise provided by this article, neither a tentative map nor a precise plan of design for a new common interest development project or for the conversion of an existing building to a common interest development or the conversion of an existing common interest development created prior to January 1, 2006, to another form of common interest development shall be approved unless the project will comply with the building codes and zoning regulations and all the other requirements of this code in effect at the time of application.
B. Exception For Conversion Of Character Contributing Buildings: Notwithstanding the provisions of subsection A of this section, it is recognized that certain multi-family residential buildings that cannot feasibly comply with current building codes and zoning regulations may be of continued value if otherwise allowed to be converted to common interest developments, and upgraded and rehabilitated to generally conform to the provisions of this article and other code requirements.
For the purposes of this article, and all related sections of this code, a character contributing building shall mean any multi-family residential building that the planning commission determines, due to its proportions and scale, design elements, and relationship to the surrounding development, is of continued value and contributes to defining the character of the community as a whole. In making this determination, the planning commission shall make the following findings:
1. The building to be converted is not substantially greater in massing and scale than the surrounding streetscape. In making this determination, the planning commission may compare the relative lot coverage, height and setbacks of the building being converted to the lot coverage, height and setbacks of developments on parcels in the same block.
2. And either:
a. The building to be converted and/or the project site design contribute(s) to community character through the use of: 1) architecturally pure styles that foster congruous designs and details that are similar or complementary in scale and mass to other nearby structures; 2) features visible from the public street, including, but not limited to, courtyards, balconies, open space, building modulation, or any other similar characteristics that, as a result of the conversion, would be maintained, restored or refined in a manner consistent with the general criteria of architectural review set forth in section 10-3-3010 of this title; or
b. The interior spaces of the building to be converted contribute to community character through the use of architectural features and high quality construction finishes and features such as crown molding, hardwood floors, fireplaces, stairways, and built in cabinets in individual units; private courtyards, balconies, and/or interior open spaces; interior fountains; or any other similar characteristics or features that, as a result of the conversion, would be maintained, restored or refined in a manner consistent with the general criteria of architectural review set forth in section 10-3-3010 of this title.
C. Architectural Review Required: Nothing in this article shall relieve a project to convert an existing building to a common interest development from the architectural review requirements of chapter 3, article 30 of this title. (Ord. 06-O-2497, eff. 4-6-2006)