Editor's Note—Ord. no. 2470 §1, adopted March 27,
2012, repealed ch. 425 "community design" and enacted new provisions
set out herein and in chapter 428 "community design—Olive Boulevard
Corridor". Former ch. 425 derived from R.O. 2008 §§55.010—55.050,
55.070, 55.090—55.125; ord. no. 431, 8-26-58; ord. no. 1641,
8-29-89; ord. no. 1673, 8-14-90; ord. no. 1750, 6-9-92; ord. no. 1800,
10-12-93; ord. no. 1882, 5-14-96; ord. no. 1925, 6-24-97; ord. no.
1976, 8-11-98; ord. no. 2129, 9-10-02; ord. no. 2173, 5-13-03; ord.
no. 2292 §§6—7, 10-11-05; ord. no. 2407 §1, 7-14-09.
[1]
Editor’s Note: Ord. No. 2609, 5-23-2017, adopted the
revised Olivette Residential Redevelopment and Design Guidelines which
are held on file in the City offices.
[Ord. No. 2470 §1, 3-27-2012]
As used in this Article, the terms below shall have the following
respective meanings:
An exterior finish for a single-family home that the Olivette
City Council has determined may be approved through administrative
procedures. Acceptable material finishes include: standard brick or
stone veneer, hardboard siding, fiber cement, stucco, drivit or EIFS,
horizontal aluminum siding, vertical and horizontal vinyl siding,
and any hardwood based siding, excluding plywood and soft woods such
as cedar.
Any change in the supporting members of a building or structure,
such as bearing walls or partitions, columns, beams, or girders which
is visible from the exterior of a building or structure, or any substantial
change in the roof or in exterior walls of a building or structure.
The area described by the sum of the horizontal surfaces
of the floors of a building or structure measured from the exterior
faces of the exterior walls.
[Ord. No. 2470 §1, 3-27-2012; Ord. No. 2576 §13, 3-8-2016; Ord. No. 2686, 11-26-2019]
A.
Except as provided in this Article, the review and approval of the
Planning and Community Design Commission (the "Commission") shall
be required prior to the issuance of any permit for the erection,
construction, conversion, relocation, or enlargement of or for any
exterior structural alteration to any of the following:
1.
Detached and attached single-family dwellings, excluding building
additions less than the following:
2.
Any building exterior material finish that is not identified
as an acceptable material finish.
4.
Commercial, industrial, institutional, or other non-residential
uses.
5.
Multifamily dwelling units.
[Ord. No. 2470 §1, 3-27-2012; Ord. No. 2576 §13, 3-8-2016]
A.
Unless the Building Commissioner determines otherwise, the following
items shall not require approval of the Commission under this Article:
[Ord. No. 2470 §1, 3-27-2012]
A.
Application
for review and approval under this Article shall be made to the Building
Commissioner at least fifteen (15) days for single-family residential
additions, exterior alterations, and residential accessory structures
and thirty (30) days for all other permits prior to a regularly scheduled
meeting of the Commission on forms prescribed by the City and shall
be accompanied by a filing fee designated by the City and three (3)
copies of the following supporting documents for staff review:
1.
A plot plan drawn to an appropriate scale identifying the location
of the site and depicting the location of structures and improvements
and required off-street parking and loading areas;
2.
Typical elevations of proposed buildings or structures depicting
height and mass, style, color, texture and materials;
3.
Signage and lighting plans and details, if new or altered signage
or lighting is proposed; and
4.
A planting and landscaping plan depicting location, type and size
of proposed plant materials, ground cover and site amenities.
[Ord. No. 2470 §1, 3-27-2012]
A.
The
Commission shall prepare and apply design review guidelines for single-family
residential buildings and structures, which said guidelines shall
be approved by the Council and which may be amended from time to time.
The guidelines shall be maintained by the Planning and Zoning Administrator
who shall distribute same without charge on request to any applicant
or other interested person.
B.
On
receipt of an application under this Section, the Planning and Zoning
Administrator, within ten (10) business days, shall review the application
and inform the applicant of any filing deficiencies. If the application
is complete, within ten (10) days, the Planning and Zoning Administrator
shall evaluate the application using the Commission's design review
guidelines. The Administrator shall then take one (1) of the following
actions:
1.
If the Administrator finds that the application meets the guidelines, the Administrator shall forward the application to the Commission for consent agenda consideration as provided in Subsection (C)(1)(a) hereof.
2.
If the Administrator finds that the application does not meet the
guidelines, the Administrator shall inform the applicant of any perceived
design deficiencies.
a.
If the applicant disagrees with the Administrator's evaluation, the applicant may request that the application be forwarded to the Commission for consideration as provided in Subsection (C)(1)(b) hereof.
b.
In the alternative, the applicant may revise the application, after which the Administrator shall have ten (10) business days to evaluate same and to forward the revised application to the Commission either for consent agenda consideration as provided in Subsection (C)(1)(a) hereof or for consideration as provided in Subsection (C)(1)(b) hereof.
C.
The
Planning and Zoning Administrator shall forward the application to
the Commission along with a written evaluation thereof, including
such recommendations as the Administrator deems appropriate.
1.
On receipt of an application and evaluation from the Administrator:
a.
If the Administrator has found that the application meets the guidelines, the Commission shall place the application on a consent agenda, by which the Commission may approve the application, either alone or together with similarly-situated applications. Any member of the Commission may move for the removal of an application from the consent agenda by specifying any characteristic of the application that the member believes does not comply with one (1) or more of the guidelines. If the motion to remove passes, the application shall be removed from the consent agenda and shall be considered as provided in Subsection (C)(1)(b) hereof.
b.
If the Administrator has found that the application does not meet
the guidelines, or if the application has been removed from the consent
agenda, the Commission shall review the application by considering
the guidelines, the application, the Administrator's evaluation, the
applicant's response, and any allowed public comment.
2.
After its review the Commission shall approve or deny the application.
In approving an application the Commission may impose conditions and
restrictions on the approval, which shall be enforced by the Administrator.
3.
Unless an extension of the time for review is requested in writing
by the applicant, failure of the Commission to act within sixty (60)
days of the date of the meeting at which the application is first
considered shall constitute approval.
[Ord. No. 2470 §1, 3-27-2012]
A.
On receipt of an application under this Section, the Planning and Zoning Administrator shall promptly review the application for completeness in accordance with the requirements of this Section and within ten (10) business days of such receipt shall advise the applicant of any deficiencies. Following receipt of a complete application, addressing any comments of the Administrator, the Commission shall review the application submitted in accordance with this Section and the site plan review procedures outlined in Chapter 400 Zoning Regulations at the Commission's next regularly scheduled meeting. Unless an extension of the time for review is requested in writing by the applicant, failure of the Commission to act within one hundred twenty (120) days of the date of said meeting shall constitute approval.
B.
With
respect to the erection, improvement, or alteration of commercial,
industrial, institutional or multiple dwelling buildings and structures,
the design thereof shall be in the interest of the public health,
welfare, safety and morals, and avoids a scale or mass that dominates
or overshadows property in the surrounding area, with respect to the
following factors:
2.
All other structures and improvements with respect to:
a.
Use of space.
(1)
Ratio of structure(s) to the building site.
(2)
Position of structure(s) and other improvements on the site.
(3)
Compatibility of structure(s) and other improvements to adjoining
properties and streets.
(4)
Landscaping.
(5)
Effective screening, such as fences, walls and/or landscaping.
(6)
Parking facilities.
(7)
All other factors contributing to the most desirable use of
space.
b.
Design.
(1)
Plans and elevations.
(2)
Style, color, material and texture.
(3)
Compatibility to the site and to adjoining properties.
(4)
Signs as related to proposed structure(s) and compatibility
with adjoining properties.
(5)
Landscaping, fences, garden walls and entrances.
(6)
Other factors pertaining to overall design and appearance.
C.
The
Commission shall approve or deny an application under this Section.
In approving an application the Commission may impose conditions and
restrictions on the approval so long as the Commission finds that
the conditions set forth in this Section have been satisfied.
[Ord. No. 2470 §1, 3-27-2012]
A.
Any
aggrieved party may appeal any determination by the Commission under
this Article to the City Council. Said appeal shall be made in writing,
within fourteen (14) days of the Commission's decision, and shall
specify the nature of the party's interest and the grounds of the
appeal. The Council may dismiss the appeal on motion duly adopted
if it determines that the appealing party lacks standing to challenge
the Commission's decision.
B.
The
Council shall consider the application at its next regular meeting,
but not sooner than fourteen (14) days following the date of the Commission's
decision. The Council shall review the application by considering
the guidelines, the application, the appeal of the aggrieved party,
the Administrator's evaluation, the applicant's response, the Commission's
determination, and any allowed public comment.
C.
The
Council shall then approve or deny the application, and in doing so
the Council may impose conditions and restrictions on the approval
so long as the Council finds that the conditions set forth in this
Section have been satisfied. The Council may overrule the Commission's
determination only by a three-fourths (¾) vote of its full
membership.
[Ord. No. 2470 §1, 3-27-2012]
Any person, firm or corporation violating or causing to be violated
any of the provisions of this Article shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be fined not less than
one dollar ($1.00) nor more than five hundred dollars ($500.00) for
each offense; and each and every day such violation continues and
exists the same shall constitute a separate offense.
