4-9-4: ARCHITECTURAL REVIEW COMMITTEE APPROVAL:
   (A)   Zoning Permits:
      1.   All applicants for a zoning change, zoning variance, conditional use permit, or modification of a lot boundary line or the size of a lot, pertaining to any lot or parcel of any subdivision in the County which has an active and duly authorized Architectural Review Committee or the equivalent established pursuant to recorded declarations, reservations, restrictions, covenants or conditions, shall certify, on a form provided by the County, that the applicant has submitted an application to the applicable Architectural Review Committee or equivalent for approval for the, zoning change, zoning variance, conditional use permit, or modification of a lot boundary line or the size of a lot.
      2.   Procedure On Application:
         (a)   All certifications shall be attached to the application submitted to the County.
         (b)   After an application is received, the Building or Zoning Department shall check the application and determine if the application is located within an Architectural Review Committee or equivalent.
         (c)   If the application is within an area wherein an Architectural Review Committee or equivalent and no certification is attached, the application shall be rejected until such time that a certification is completed and attached to the application. If the certification is attached to the application, the Building or Zoning Departments shall immediately send a copy of the certification to the applicable Architectural Review Committee or equivalent.
         (d)   Prior to approval of an application, the County shall allow the Architectural Review Committee or equivalent to submit comments on the application. All comments by the Architectural Review Committee or equivalent must be submitted within ten (10) days of receiving the certification.
      3.   As used in this section, an "active and duly authorized Architectural Review Committee" shall mean:
         (a)   One or more persons charged with the enforcement of subdivision covenants, conditions or restrictions, however the same may be denominated; and
         (b)   The covenants, conditions or restrictions are recorded in the official records of the Office of the County Recorder; and
         (c)   The Committee has filed a written notice of its existence and operation with the County Manager.
   B.   Building Permits:
      1.   All applicants for a building permit in any subdivision in the County which has an active and duly authorized Architectural Review Committee or the equivalent established pursuant to recorded declarations, reservations, restrictions, covenants or conditions, shall certify, on a form provided by the County, that the applicant has submitted an application to the applicable Architectural Review Committee or equivalent for approval for the building permit.
      2.   Procedure On Application:
         (a)   No application for a building permit in a subdivision which has an active and duly authorized Architectural Review Committee shall be issued until the provisions of this subsection have been complied with.
         (b)   All certifications shall be attached to the application submitted to the County.
         (c)   After an application is received, the Building or Zoning Department shall provide notice by mail and electronic mail to the Architectural Review Committee requesting a report from the Committee as to the application. If no report is received by the Committee within ten (10) days of the notice, the application shall be deemed acceptable by the Committee.
         (d)   If the application is within an area wherein an Architectural Review Committee or equivalent and no certification is attached, the application shall be rejected until such time that a certification is completed and attached to the application. If the certification is attached to the application, the Building or Zoning Departments shall immediately send a copy of the certification to the applicable Architectural Review Committee or equivalent.
      3.   As used in this section, an "active and duly authorized Architectural Review Committee" shall mean:
         (a)   One or more persons charged with the enforcement of subdivision covenants, conditions or restrictions, however the same may be denominated; and
         (b)   The covenants, conditions or restrictions are recorded in the official records of the Office of the County Recorder; and
         (c)   The Committee has filed a written notice of its existence and operation with the County Manager.
      4.   Building Permit Defined: "Building Permit" for the purpose of this section shall mean any building permit for a new structure/building and/or building permit that increases the square footage of any existing structure/building and/or will change the use or occupancy of the building on to any existing structure/building. (Ord. 1996-D, 3-6-1996, eff. 4-1-1996; amd. Ord. 2021-04, 11-17-2021)