(a) No building permit shall be issued to construct a building or alter the exterior of a building that is visible from a public street until the Commission has reviewed the application and confirmed that it complies with all regulations applicable to the applicable /NCO district area, subject to the review provisions set forth in (b).
(b) An applicant who is denied approval for a building permit by the Commission may, within thirty (30) days of such denial, request in writing a review by the Commission at a regularly scheduled public meeting, subject to the following standards:
(.1) Where error is alleged in the denial of a building permit application, the Commission shall determine whether the requirements of subsection (a) above and the design standards of the applicable /NCO district area are met and shall approve such application if it determines that the initial decision of the Commission was made in error.
(.2) Where the building permit application deviates from subsection (a) above and the design standards of the applicable /NCO district area, the Commission may approve a building permit application where an application satisfies both (.a) and (.b):
(.a) Prior to the meeting of the Commission, the applicant provides written notice of the request to all RCOs whose registered boundaries include the applicant's property. Such notice must include the date of the review, time and location of the Commission meeting where the application is to be reviewed, and the requested deviation from the design standards of the applicable /NCO district area.
(.b) The Commission determines that:
(.i) Strict conformity with the design standards of the applicable /NCO district area would result in an unreasonable hardship;
(.ii) The deviation from the design standards of the applicable /NCO district area would be reasonable due to special circumstances of the lot or lots in question, including the impact upon existing structures, materials, and uses; and
(.iii) The deviation from the design standards of the applicable /NCO district area may be approved without harming the purposes of the /NCO as set forth in § 14-504(1).
(.3) The Commission may approve only deviations from the requirements of subsection (a) above and the design standards of the applicable /NCO district area. The Commission may grant a deviation that is lesser than that requested by the applicant. The Commission shall not approve any deviation from the zoning regulations of the applicable /NCO district area, any other provision of this Zoning Code, or any variance or special exception granted by the Zoning Board.
(.4) The decision of the Commission to deny approval for a deviation from design standards of the applicable /NCO district area shall be subject to an appeal to the Board of License and Inspection Review, whose review shall be limited to determining whether the decision of the Commission was clearly erroneous.
(c) If the Commission does not make a written decision to approve or deny the building permit application within 30 days of the date that it receives an application, the Commission will be deemed to have approved the application without conditions.
(d) The Commission's decision shall not be subject to appeal separately from an appeal to the Zoning Board of Adjustment on the zoning permit application.
(e) A decision by the Commission to approve a building permit shall not be subject to appeal separately from an appeal to the Board of License and Inspection Review of L&I's issuance of the building permit.
Notes
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