A. Applicability. Design review procedures are applicable to:
1. Applications for waivers or modifications of the Residential Infill Development Standards of Section 9.29.
2. Applications for demolition, erection, physical expansion, or exterior remodeling of building or premises, including accessory uses or appurtenances to the principal use, in Residential zones.
B. Application.
1. An application for design review must be filed by the owner of the subject property or the owner’s authorized agent.
2. Application must be filed with the Zoning Administrator.
C. Waiver or modification of residential infill development regulations.
1. Every application for waiver or modification of the residential infill development standards of Section 9.29 must be accompanied by drawings that contain sufficient information to enable the Infill Development Review Board to determine whether the plans meet the review and decision-making criteria of Section 9.30. These plans and drawings must indicate all proposed buildings and other site improvements. As used herein, “drawings” mean site plans, elevations, and/or perspectives drawn at a scale with sufficient detail to show the exterior appearance of proposed buildings and structures and location of existing and proposed improvements on the site. These drawings must include the following information:
a. Existing and proposed principal and accessory buildings, including location, dimensions, and height;
b. Front building elevations (facing the street), including dimensions and locations of doors, windows, garages, porches, and other architectural features;
c. Access points and off-street parking spaces;
d. Driveways, sidewalks, walkways, terraces, and other paved surfaces;
e. Accessory structures, including walls, fences, lighting, signs, and other site improvements;
f. Existing and proposed landscape areas and materials, if proposed to be altered;
g. All properties immediately adjacent to the site must also be included in the site plan; a site section and/or site elevations, including any adjacent properties, may be required.
2. An application for design review is not considered complete until all illustrative material necessary to adequately describe the proposed project has been submitted to the staff. The Infill Development Review Board may refuse to consider an application for design review if it judges that insufficient information has been provided by the applicant.
3. Infill Development Review Board action.
a. The Infill Development Review Board must review complete applications for design review that have been received by the staff 10 or more business days prior to each regular meeting. The applicant must be informed of the time and place at which the Infill Development Review Board will consider the application and the applicant will be heard.
b. Following the Infill Development Review Board’s review, it must take final action, by simple majority vote, on applications for design review, based on the review and decision-making criteria of Section 9.31.
c. In acting on an application for design review, the Infill Development Review Board is authorized to approve, approve with modifications or conditions, or disapprove the application. Where necessary, the Infill Development Review Board may recommend a variance be requested from the Board of Adjustment. Any recommendation by the Infill Development Review Board for approval that requires a variance from the Board of Adjustment must be conditioned on the granting of the variance to the applicant.
d. If the Infill Development Review Board approves an application, it must be signed by the duly authorized representative on behalf of the Chairperson or Vice-Chairperson, and transferred to the office of the Zoning Administrator and Building Inspector. All prints and other documents approved by the Infill Development Review Board must be stamped accordingly. The Zoning Administrator or Building Inspector must thereupon process the application in the usual manner.
e. If the Infill Development Review Board disapproves an application for a waiver or modification, it must state its reason for doing so and must transmit a record of such action and the reasons therefor in writing to the Zoning Administrator and Budding Inspector and to the applicant. No further action may be taken by the Zoning Administrator or Building Inspector on the application. The applicant may modify the application to make it acceptable to the Infill Development Review Board and has the right to resubmit the application at any time.
f. Any action taken by the Infill Development Review Board on applications must be forwarded as a written recommendation to the City Council within 14 days. The basis for the recommendation and any conditions thereto are to be included.
g. The Infill Development Review Board must act within 60 days of receipt of a complete application. The failure of the Infill Development Review Board to approve or disapprove such application within such time, unless otherwise mutually agreed by the applicant and the Infill Development Review Board, will be deemed to constitute disapproval and the issue will be considered to have been resolved. The applicant has the right to resubmit another application at any time.
h. Approval of an application for design review does not exempt the applicant from complying with ah of the requirements of this Zoning Ordinance, the Building Code, the Housing Code, and other ordinances and regulations of the city.
(Ord. 2022-3, passed 3-15-22)