1309.10 REVIEW AND APPROVAL REQUIRED FOR NEW BUILDINGS AND EXTERIOR ALTERATIONS AND CHANGES TO BUILDINGS.

   (a)   No new building or addition shall be built, and no physical and/or visible exterior alteration or change shall be made to any building, without the approval of the Architectural Board of Review. Physical and/or visible exterior alterations covered by this Chapter include, without limitation, roofs, windows, doors, decks, steps, porches, landscape walls and piers, shutters, awnings, siding, railings, sheds, garages and signs.

   (b)   A visible or physical exterior alteration or change shall not require approval if the alteration or change is specifically excepted in this section, or if the alteration or change is insignificant or minimal. Changes to or the elimination of an architectural feature is not considered an insignificant or minimal alteration or change. Approval shall not be required for alterations or changes such as scraping and painting and staining, change of paint or stain color, or repairs to existing exterior elements that leave such elements substantially the same as they were constructed.

   (c)   The Director of Planning is authorized to make the determination in the first instance as to whether a proposed repair or alteration is within the intent of this section and the purposes of the Board.

   (d)   No person shall start construction on or build a new building or addition, or make or authorize any visible or physical exterior alteration or change to any building, without submitting an application in writing for review of such new construction, addition, alteration or change to the Director of Planning. The Director shall refer to the Architectural Board of Review any such application that is not otherwise excepted from approval by the Board. However, an applicant whose plans have not been referred to the Board, may still request and apply for review and approval of such plans by the Board.

   (e)    An application for new construction or for an addition, alteration or change to any building shall be accompanied by plans and specifications. Such application shall be in such form, and include such information, and additional documentation, as required pursuant to the rules and regulations of the Board. A fee shall be charged and paid by the owner or agent at the time the application is filed, in an amount as determined by ordinance of Council.

   (f)   An incomplete application, or an application which is not accompanied by adequate or sufficiently detailed plans, drawings, specifications, data reports or other necessary information, as required pursuant to the rules and regulations of the Board, and as determined by the Director of Planning, or the Director's designee, may be rejected, or its consideration postponed, until the application is complete or necessary documentation or information is provided. Additional information or documentation reasonably necessary to adequately review and consider an application may be requested at any time during the review process by the Board or a member or an alternate thereof.

   (g)   Except as otherwise provided herein, the Architectural Board of Review shall receive and promptly review and pass upon all applications, and accompanying drawings, data, reports and complaints filed in the Planning Department, in the order filed for the purpose set forth in this chapter, and according to rules and regulations, including Design Guidelines, duly adopted and published by the Board, which rules and regulations shall not be inconsistent with the purposes of the Board or the provisions of this Chapter. The Department shall immediately notify the Commissioner of Building in writing of action taken in each instance, and no building permit shall be issued by the Commissioner of Building unless plans and specifications therefor have been approved in writing by the Board or the Planning Department, or a member or an alternate of the Board, as provided herein. The Board may delegate to one of its members, or an alternate, the authority to review and approve a subsequent modification or alteration of plans as may be imposed by the Board as a condition of its approval, or to provide preliminary review of plans prior to their consideration by the Board.

   (h)   The Board may authorize the Director of Planning, or a qualified member of his or her staff, to review and approve plans, without further review and approval by the Board, in those instances where the review is limited to specific design guidelines previously established by the Board. However, an applicant whose plans have been so reviewed by the Department may still request and apply for review and approval of such plans by the Board.

   (i)   The Board may delegate to one or more of its members, or an alternate, the authority to review and approve plans, without further review and approval by the Board, in those instances where the review involves routine, general design guidelines previously established by the Board. However, an applicant whose plans have been so reviewed by a member of the Board, or an alternate, may still request and apply for review and approval of such plans by the Board.
(Ord. 14-24. Enacted 4-28-14.)