[Ord. No. 5814 §1(7.1), 4-27-2004]
A.
In order
to assure that construction/renovation activities are of high quality
design and materials and in general conformity with the style and
design of surrounding structures, an Architectural Review Board has
been established. The Architectural Review Board will conduct design
and material reviews of additions, alterations and improvements to
existing structures, buildings and properties and will also review
the design, material and compatibility of new construction within
the City of Clayton. The goals of the Architectural Review Board are
as follows:
1.
To assure
the continued and long-term quality of Clayton's housing stock by
adoption of architectural review guidelines for residential construction;
2.
To encourage
high quality development, both residential and commercial, and to
discourage poor exterior design, appearance and inferior quality that
is likely to have a depreciating effect on the local environment and
surrounding area;
3.
To enhance
the beauty, livability and prosperity of the community;
4.
To encourage
originality, creativity and diversity in design and to avoid monotony;
5.
To preserve
greenspace by requiring the preservation/replacement of existing trees
and enhanced landscaping; and
6.
To ensure
residential design that is compatible with the character inherent
within the surrounding neighborhood.
[Ord. No. 5814 §1(7.2), 4-27-2004]
The Architectural Review Board shall be comprised of seven (7)
members as follows: The City Manager, a member of the Board of Aldermen
selected by the Board and five (5) residents of Clayton. At least
one (1) member shall be a registered architect. The term of office
for members shall be three (3) years.
[Ord. No. 5814 §1(7.3), 4-27-2004]
Meetings to consider applications may be held in conjunction
with the regularly scheduled meetings of the City Plan Commission
or at any other time deemed necessary by the Chairperson. All meetings
shall be open to the public, unless closed pursuant to State law.
The Architectural Review Board shall keep a written record in the
form of minutes of each meeting, depicting the discussion of the Board
and the vote of each member present upon each agenda item. Absences
and failure to vote shall also be noted for the record. Copies of
minutes and materials used by the Architectural Review Board shall
be kept on file in the office of the Department of Planning and Development
Services. All notification requirements, public meetings and/or hearings
and availability for examination of records related to actions by
the Architectural Review Board shall conform with existing Federal,
State and local laws.
[Ord. No. 5814 §1(7.4), 4-27-2004]
All proposed new construction, alterations, additions, renovations
or signage affecting the exterior appearance of a building or property
shall be submitted to and approved by the Architectural Review Board
prior to the commencement of construction/installation.
[Ord. No. 5814 §1(7.5), 4-27-2004]
A.
The City
Manager shall have the authority to exclude from Architectural Review
Board consideration minor alterations, installations, repairs and/or
additions not substantially affecting the exterior appearance of the
property. Minor exterior alterations considered for administrative
review include, but are not limited to, the following:
1.
Signage
meeting the provisions of the sign ordinance;
2.
Awning
replacement;
3.
Window
replacement;
4.
Facade
changes not effecting the building's character;
5.
Mechanical
equipment screening;
6.
Fences
and retaining walls meeting the provisions of the Building Code;
7.
Small
additions less than seven hundred fifty (750) square feet;
8.
Landscaping;
9.
Surface
parking lot expansion (twenty percent (20%) or less of the existing
lot size) or reconfiguration;
10.
Detached
garages/porte-cocheres and carports designed for no more than two
(2) automobiles.
B.
The City
Manager shall have the discretion to approve the construction/installation
administratively or to refer the proposed project to the Architectural
Review Board for their consideration.
[Ord. No. 5814 §1(7.6), 4-27-2004]
A.
An application
form for architectural review shall be completed and filed with the
Department of Planning and Development Services. Application forms
and a list of the required submittal materials are available at the
office of Planning and Development Services during regular business
hours.
B.
The application
document will provide a description of the project and plans and other
pertinent information required for submittal by the applicant as part
of the architectural review process.
[Ord. No. 5814 §1(7.7), 4-27-2004]
The applicant must submit one (1) original and thirteen (13)
copies of the application and all required documentation to the Director
of Planning and Development Services. At the time an application is
filed, the applicant shall pay a fee as required by the fee schedule
approved by the Board of Aldermen. The fee shall be paid to the City
of Clayton to the credit of the General Revenue Fund of the City.
Applications and all required documentation should be submitted twelve
(12) days in advance of the Architectural Review Board meeting date
in order to be considered for that Architectural Review Board agenda.
[Ord. No. 5814 §1(7.8), 4-27-2004]
Upon receipt of the architectural review application, plans
and supporting documents, the Director of Planning and Development
Services shall review the documents to determine completeness. If
the Director determines the submittal is complete, then the submittal
can be forwarded to the Architectural Review Board.
[Ord. No. 5814 §1(7.9), 4-27-2004]
A.
The Architectural
Review Board shall hear all applications for architectural review.
B.
The Architectural
Review Board may approve as submitted, approve with modifications
or deny an application.
1.
If the
application is approved as submitted, the Director of Planning and
Development Services or his/her designee may process an application
for a building permit.
2.
If the
Architectural Review Board approves the application with modifications,
the Director of Planning and Development Services or his/her designee
shall issue a permit only after the applicant submits the appropriate
revisions required by the Architectural Review Board.
C.
All applications
shall be promptly considered by the Architectural Review Board who
shall render a decision no later than sixty (60) days from the date
of the meeting at which the item first appears before the Architectural
Review Board. Failure of the Architectural Review Board to make a
decision within that time period will result in the application being
deemed approved and shall make a decision of said Architectural Review
Board unnecessary, unless said time period is extended by mutual agreement,
in writing, of the Architectural Review Board and the applicant to
allow further consideration.
[Ord. No. 5814 §1(7.10), 4-27-2004]
Approval shall be void unless a building permit has been issued
within one (1) year from the date of approval. When Architectural
Review Board approval coincides with a development approved by the
Board of Aldermen as a planned unit development or pursuant to a conditional
use permit, Architectural Review Board approval shall expire and become
void upon expiration of the rights granted by the planned unit development
or conditional use permit ordinance. A written request for an extension
must be received by the Director of Planning and Development Services
not less than forty-five (45) days prior to expiration of the original
one (1) year period. The applicant shall bear the burden of providing
just cause for delay, proof that the project remains the same and
proof that no circumstances bearing on the suitability of the project
have changed. Approval of a request for an extension is at the sole
direction of the Architectural Review Board.
[Ord. No. 5814 §1(7.11), 4-27-2004]
In the event that the Architectural Review Board denies an application,
no request for a hearing upon the same application or substantially
similar application will be accepted for a period of at least one
(1) year from date of denial by the Architectural Review Board.
[Ord. No. 5814 §1(7.12), 4-27-2004]
Building permits shall be issued in accordance with the approved
architectural review plans. A copy of the approved plans shall be
retained in the records of the office of the Department of Planning
and Development Services and all building and occupancy permits issued
by the Director of Planning or his/her designee shall conform to the
provisions of the plans.
[Ord. No. 5814 §1(7.13), 4-27-2004]
An aggrieved party may, within fifteen (15) days of the decision
for which redress is sought, file with the Board of Aldermen a written
request for reconsideration and appeal of any decision of the Architectural
Review Board under this Article. The written request must set forth
in a concise manner the decision being appealed and all grounds known
to the appellant as to wherein and why the decision is allegedly in
error. The request for reconsideration and appeal must be filed with
the City Clerk within the time specified above. A copy of the request
and any supporting documents or materials filed by aggrieved party
must be served by the aggrieved party on the applicant (if different
than the aggrieved party) by certified U.S. mail, return receipt requested,
within three (3) days of filing with the City Clerk. Proof of service
on the applicant must be filed with the City Clerk within six (6)
days of filing of the request. The Board of Aldermen may consider
the appeal on the record of the prior decision by the Architectural
Review Board or may, at its sole discretion, receive additional evidence
in such manner as it deems appropriate in light of the circumstances.
[Ord. No. 5814 §1(7.14), 4-27-2004]
The Board of Aldermen shall hear such interested parties as
may desire to be heard and after said hearing shall approve, modify
or disapprove the application. If the Board of Aldermen approves the
application, the Director of Planning and Development Services or
his/her designee shall promptly issue the requested permit. If the
application is approved with modifications, the Director of Planning
and Development Services or his/her designee will issue a permit after
the applicant submits the appropriate revisions to the plans and/or
specifications required by the Board of Aldermen.
