5.10.3. NEIGHBORHOOD PRESERVATION ZONE (NPZ) DESIGN REVIEW PROCEDURE

   The purpose of the NPZ Design Review Procedure is to ensure compliance with the requirements of this ordinance and the applicable NPZ.

   A.   Applicability

      1.   An NPZ Design Review is required of all development that:

         a.   Is zoned NRX-1, NRX-2, NR-1, NR-2, NR-3, NRH, NSR, and NSH;

         b.   Requires a building permit; and,

         c.   Is visible from a street that is not classified as an alley , unless the PDSD Director makes a finding that a proposed development ’s visibility from the street is so minimal as to be immaterial for purposes of the application of this section.

      2.   Compliance with the privacy mitigation standards of the applicable design manual is required when the following types of development are proposed adjacent to existing single story residences:

         a.   Construction of a multistory residence;

         b.   Addition of a story to an existing residence; or,

         c.   Additions to existing second or higher stories.

      3.   An NPZ Design Review is not required of the following:

         a.   Interior renovations or construction within the interior of a building ;

         b.   Building maintenance, repairs, or painting or minor building  alterations , such as window or door alterations or replacements, or minor additions to an existing residence that do not affect the external appearance of the structure as seen from the street ; or,

         c.   Exterior development that is not visible from the street , except the Privacy Mitigation Measures, Section 5.10.3.A.2, apply to any proposed development that exceeds the height of residential structures on adjacent properties.

      4.   Where there is a conflict between the standards of the applicable Historic Preservation Zone (HPZ) and the standards of the NPZ, the standards of the HPZ prevail.

   B.   Pre-Application Conference

   A pre-application conference between the applicant, the PDSD, and the Design Professional is required when projects are required to be reviewed in accordance with the NPZ Design Review Procedure. The purpose of the pre-application conference is to review the project and identify all applicable requirements, including the Compatibility Review Standards, and whether privacy mitigation is required.

   C.   Application

   Submittal of an application to the PDSD is required in order to process the request. Applications are reviewed for completeness. If an application is rejected, the applicant may resubmit the application.

   D.   Review

   Accepted applications are forwarded to PDSD staff and the Design Professional . The PDSD staff reviews the application for compliance with applicable UDC requirements. The Design Professional reviews the application to determine compliance with the neighborhood specific design manual.

      1.   Contributing Properties within a project ’s development zone as determined by Section 11.4.5 (Definitions - D) shall be used when identifying the Compatibility Review Standards.

      2.   If the development zone for the proposed development does not contain Contributing Properties , the development zone shall be expanded in every direction until the development zone includes at least one Contributing Property .

      3.   The Design Professional shall consider the relative impact and intensity of the proposed development when reviewing the application and in rendering his or her findings and recommendations.

      4.   Approval of proposed development may be subject to special conditions to provide for compliance with the Compatibility Review Standards.

   E.   Findings and Recommendation

   The Design Professional shall submit a written report that includes the Compatibility Review with findings and a recommendation to the PDSD Director .

   F.   PDSD Director Decision

   The PDSD Director shall review the application and render a decision finding compliance or noncompliance with the NPZ and the neighborhood specific design manual within five days of receiving the Design Professional ’s report.

   G.   Notice of Decision

   Notice of the decision shall be mailed to the applicant, property owners within 100 feet of the subject site , and to the neighborhood association that includes the subject site within three days of the date of the decision.

   H.   Appeal to the Design Review Board (DRB)

   A party of record may appeal the PDSD Director ’s decision on NPZ Design Review applications. Appeals are considered by the Design Review Board in accordance with Section 3.9.1, Design Review Board (DRB) Appeal Procedure. A notice of intent to appeal must be received y the PDSD within 14 days of the effective date of the Director ’s decision. The complete appeals material must be filed within 30 days of the effective date of the decision. An appeal under this section shall be based upon an error in the Director ’s decision finding compliance or noncompliance with the neighborhood specific design manual and compatibility review standards.

   I.   Appeal to the Board of Adjustment (B/A)

   A party of record may submit an appeal of the DRB’s decision to the B/A in accordance with Sections 3.10.1 and 3.10.2, Board of Adjustment Appeals Procedure. A notice of intent to appeal must be received by PDSD within 14 days of the effective date of the DRB’s decision. The complete appeals material must be filed within 30 days of the effective date of the decision.

(Am. Ord. 11732, 2/19/2020)