A. 1. Approval: No building, structure, sign, wall, fence, or landscaping located in any zone other than a single-family (one- family) residential zone shall be erected, constructed, altered, or remodeled unless the elevations and plans for the exterior portions and areas and the interiors of mall areas, as defined in section 10-3-100 of this chapter, have first been reviewed and approved by the architectural commission, or by the council on appeal.
2. Exception: Notwithstanding the provisions of subsection A1 of this section, temporary seasonal decorations may be displayed on private property, without architectural review, during the period between November 15 of each year and January 10 of the following year.
B. No exterior portion or area of an existing building, structure, sign, wall, fence, or other improvement to real property, or the interior of any mall area, located in any zone other than a residential zone shall be painted, repainted, textured, or retextured unless the plans, colors, and textures for such work have been reviewed and approved by the architectural commission, or by the council on appeal.
C. No permit shall be issued for any work described in subsections A and B of this section and unless the necessary approval required therefor is first granted.
Prior to the commencement of any work described in subsections A and B of this section, an application for approval shall be made in writing to the architectural commission pursuant to the procedure set forth in this article.
D. Notwithstanding the issuance of an open air dining permit pursuant to article 35 of this chapter, no open air dining operations shall be established unless the plans for all improvements, fixtures, structures and facilities to be located in the public right of way have been reviewed and approved by the architectural commission, or by the council on appeal. For the purposes of this subsection "facilities" shall include, but not be limited to, tables and chairs.
E. When in the opinion of the director, the approval of an application for a minor or insignificant permit does not defeat the purposes and objectives of this article, the official may grant the approval without submitting the matter to the architectural commission for its approval, notwithstanding any other provision of this section or this article. The decision of the director may be appealed to the architectural commission by filing an appeal petition with the director no later than fourteen (14) days after the official's decision. The petition shall be on a form designated by the director.
F. Notwithstanding the provisions of this section, architectural review may be a condition of the granting of a conditional use permit or a variance when required for any use or improvement in a residential zone.
G. Notwithstanding any other provision of this section, architectural review shall be a condition of the grant of a sign accommodation pursuant to chapter 4, article 9 of this title.
H. Notwithstanding any other provision of this Code, architectural review shall be a condition precedent to the approval of a final map to convert an existing multi-family residential apartment building to a common interest development project or to convert a common interest development previously created prior to January 1, 2006, to another form of common interest development in accordance with chapter 2, article 7 of this title for any building that the Planning Commission determined to be a "character contributing building" in accordance with section 10-2-707 of this title and, based on that determination, granted a waiver of any of the requirements of said chapter 2, article 7 of this title. (Ord. 11-O-2615, eff. 12-16-2011)