Architectural Review Approval Process | |
Step 1 | Applicant files application and fee with zoning official. |
Step 2 | Zoning official determines completeness of application. |
Step 3 | Zoning official reviews and acts on application. Projects within the downtown or MTCC shall be reviewed by the architectural review committee. |
Step 4 | If authorized, building official issues building permit. |
(Ord. 397, 3-11-2008, eff. 4-3-2008)
A. Procedure: Architectural supervision shall be required under the following circumstances:
1. Visibility From Public Right Of Way: When an application is made for a building permit for any building, structure or other improvement which will be visible from any dedicated public right of way and which will be erected, constructed, altered or moved within any nonresidential district as established by these regulations; unless, the building, structure or improvement substantially conforms to plans previously submitted and approved for the site under the terms of a zone change, variance or special use permit; or
2. Adjacent To State Highway; City Collector: When an application is made for a building permit for any building, structure or other improvement which will be erected, constructed, altered or moved within any district established by these regulations and such building, structure or improvement is adjacent to any state highway, arterial, major or minor collector of the city as adopted by the city council; unless the building, structure or improvement substantially conforms to plans previously submitted and approved for the site under the terms of a zone change, variance or special use permit; or (Ord. 172, 9-24-1996, eff. 10-31-1996)
3. Necessity: When the city council or the zoning official determines that architectural supervision is necessary in a particular instance in order to promote the purposes of these regulations in accordance with section 9-1-3 of this title.
4. ARC Review: All building, remodeling or rehabilitation projects proposed within the downtown central business district and the Mesquite Technology and Commerce Center (MTCC) shall be reviewed by the architectural review committee (ARC), prior to action by the zoning official, planning commission or city council. (Ord. 397, 3-11-2008, eff. 4-3-2008)
B. Substantial Conformance: In determining whether or not a final construction plan "substantially conforms" to previously approved plans, the following guidelines shall apply:
1. Building Area: No plan shall be held to substantially conform if there is an increase of more than ten percent (10%) or one hundred (100) square feet, whichever is greater, in total building area between the originally approved plans and the final construction plan;
2. Height: No plan shall be held to substantially conform if there is an increase in height of any building or structure of more than ten percent (10%) or four feet (4'), whichever is greater, between the originally approved plans and final construction plans;
3. Building Use: No plan shall be held to substantially conform if final construction plans indicate an intention to utilize a building or structure for a principal use different than the uses shown on the originally approved plans;
4. Setback Deviation: No plan shall be held to substantially conform if final construction plans show any deviation whatsoever from ordinance requirements as to setbacks or building separations, unless such deviation has been previously approved pursuant to the issuance of a variance permit. (Ord. 172, 9-24-1996, eff. 10-31-1996)
C. Grading Or Filling: Architectural supervision need not be required when the requested permit is for grading or filling only; provided, that the written consent of the Clark County district health department and the department of public works is obtained approving such work.
D. Application For Architectural Review:
1. Conference: Before any application is made, the applicant is encouraged to confer with the zoning official to discuss, in general, the procedures and requirements for architectural review pursuant to these regulations.
2. Application: A property owner or designated representative shall initiate architectural review by filing an application with the zoning official and paying the application fee. The architectural review application may be processed concurrently with a site plan review application.
3. Contents: An architectural review application shall include:
a. Site Plan: An approved site plan pursuant to section 9-5-4 of this chapter. Site plan, drawn to scale, shall include building dimensions of existing and proposed structures; setback dimensions; yards and open space dimensions; locations of signs; location of landscaping; and such other information as may be necessary;
b. Written Statement: If applicable, a written statement describing the project's conformance with the downtown central business district or MTCC design standards;
c. Floor Plan: Floor plan, drawn to scale to indicate the size of buildings and total square footage of buildings;
d. Elevation: Architectural elevations of proposed structures and a detailed list of proposed building materials. Also a rendered elevation to indicate the architectural appearance of proposed buildings;
e. Other: Other information as designated on the application form. (Ord. 397, 3-11-2008, eff. 4-3-2008)
E. Reserved. (Ord. 382, 8-28-2007, eff. 9-20-2007)
F. Approval:
1. Consideration: All development applications shall be submitted to the zoning official for a determination of completeness pursuant to subsection 9-4-1B of this title.
2. Decision: The zoning official shall approve, conditionally approve or deny the application.
3. Considerations: In considering whether to approve the application, the zoning official shall restrict the scope of its review to such regulations as the city has formally adopted and to the following considerations: Buildings, structures and other improvements shall be designed and constructed so that they will not become unsightly, undesirable or obnoxious in appearance: (Ord. 397, 3-11-2008, eff. 4-3-2008)
a. To the extent that they will hinder the orderly and harmonious development of the city;
b. Impair the desirability of living conditions in the same area or adjacent agricultural or residential areas; or
c. Otherwise adversely affect the general prosperity or welfare.
4. Issuance: Upon permit approval, the building official shall issue such permit, provided all other provisions of the law have been complied with. Every drawing, plan or sketch filed under the provisions of this section shall become a part of the permanent records of the building official. In the event construction has not commenced within one year, the plans shall be considered void and a new application must be submitted. (Ord. 172, 9-24-1996, eff. 10-31-1996)
G. Appeal: Denied applications may be appealed to the city council in accordance with subsection 9-4-9B of this title. (Ord. 397, 3-11-2008, eff. 4-3-2008)