(a) Applicability.
(1) A certificate of appropriateness is required for all nonresidential sites, buildings or structures within the City. Each certificate of appropriateness shall be reviewed and approved by the Planning and Zoning Commission. The Development Services Director is authorized, at their sole discretion, to require that a certificate of appropriateness be obtained before any work that exceeds simple repairs or ordinary maintenance is performed.
(2) Certificates of appropriateness are required for site plan development, building material, landscaping, lighting and signage compliance, and shall be required for:
A. Any new construction.
B. Any significant alteration to the site plan, landscape, or lighting features which would alter the respective appearance of that feature.
C. Any new signs or alterations to existing signs.
D. Any significant alteration, expansion, or exterior renovation to an existing building or structure.
E. An alteration, expansion, or renovation is considered significant when it meets or exceeds the following criteria:
1. In the case of a building or structure expansion that does not involve additional land, the square footage of the alteration or expansion exceeds ten percent of the square footage of the existing building exclusive of the alteration or expansion;
2. In the case of an alteration or expansion involving both an existing building or structure and additional land, and, if applicable, additional structures or buildings, the area or square footage of the altered or expanded land or structure or building, respectively, exceeds ten percent of the area or square footage of the existing land or structure or building respectively, exclusive of the alteration or expansion; or
3. If the cost of the exterior renovation of the structure exceeds twenty-five percent of the assessed value of the property prior to renovations.
(b) Standards of Review. In the review of proposed developments, the Planning and Zoning Commission shall determine whether or not the proposed development, as depicted on the site plan, complies with the following:
(1) The plan conforms in all pertinent respects to the requirements contained herein;
(2) Adequate provision is made for safe and efficient pedestrian and vehicular circulation within the site and to adjacent property;
(3) The development has adequate public services and open spaces;
(4) The development preserves and is sensitive to the natural characteristics of the site in a manner that complies with the applicable regulations set forth in this Code;
(5) The development provides adequate lighting for safe and convenient use of the streets, walkways, driveways, and parking areas without unnecessarily spilling or emitting light onto adjacent properties or the general vicinity;
(6) The proposed signs, as indicated on the submitted sign plan, will be:
A. Coordinated within the development;
B. Are of an appropriate size, scale, and design in relationship with the principal building, site, and surroundings; and
C. Are located so as to maintain safe and orderly pedestrian and vehicular circulation;
(7) The landscape plan will enhance the principal building and site; maintain existing trees as required in these standards; buffer adjacent incompatible uses; break up large expanses of pavement with natural material; and provide appropriate plant materials for the buildings, site, and climate;
(8) Adequate provision is made for storm drainage within and through the site in compliance with the applicable regulations in this Code and any other design criteria established by the City or any other governmental entity which may have jurisdiction over such matters;
(9) If the project is to be carried out in progressive stages, each stage shall be so planned that the foregoing conditions are complied with at the completion of each stage; and
(10) The Commission believes the project to be in compliance with all other local, State and Federal laws and regulations.
(c) Equivalency or Waiver of Requirements. The Commission may waive any or all of these standards or approve an equivalency by a two-thirds vote if it finds that the proposed alternative meets or exceeds the purpose and intent of these standards.
(d) Simple Repairs & Ordinary Maintenance. Projects involving simple repairs or ordinary maintenance do not require a certificate of appropriateness. However, a zoning certificate documenting the simple repair/ordinary maintenance is required to be submitted and approved administratively. If the Development Services Director finds such simple repair will change the appearance of the site, building, landscaping, or lighting to a degree that constitutes a significant alteration, a certificate of appropriateness shall be required.
(e) Permission to Build and Certificate of Occupancy.
(1) Approval for permission to build shall not be issued unless the applicant has been issued a zoning certificate that complies with all certificates of appropriateness approved by the Planning and Zoning Commission.
(2) A full certificate of occupancy shall not be issued until the terms of the certificate of appropriateness are met, as certified by an on-site inspection by the Development Services Director or his agent, unless a performance bond, or irrevocable letter of credit from a banking institution, has been posted. If the required terms of the certificate of appropriateness have not been completed and a certificate of partial occupancy (temporary) is issued, a performance bond or irrevocable letter of credit from a banking institution shall be posted at that time.
(f) Construction Activity. No construction, reconstruction, alteration, expansion, or renovation of any site, building, landscaping, sign, or lighting element within the nonresidential areas of the City shall be undertaken prior to obtaining a certificate of appropriateness. Changes made by the applicant or his agents during the design or construction process after the certificate of appropriateness is approved and the zoning certificate is issued shall be reviewed for appropriateness before the certificate of occupancy is issued. A significant change (see subsection (b) hereof) shall be reviewed and approved by the Planning and Zoning Commission, while a minor change may be approved administratively by the Development Services Director.
(g) Application Requirements. An application that complies with the certificate of appropriateness standards of review (see subsection (b) hereof), with the appropriate fees, shall be submitted to the Planning and Zoning Department for review and presentation to the Planning and Zoning Commission. The Development Services Director and/or the Planning and Zoning Commission may require additional submittal information.
(Ord. 2014-27. Passed 8-5-14.)