[R.O. 2009 §25-113; Ord. No. 3968 §4, 3-7-2005; Ord. No. 4310 §1, 10-3-2011]
A. Building Applications — Submitted To Architectural Review Board.
1. Any building or construction project, as described in Subsections 400.450(1) and (2), except those described in Subsection
(2) hereunder, for which a building permit is required by ordinances of the City, shall require the review and approval of the Architectural Review Board. In addition to the application for a building permit, applicant shall submit to the Department of Planning and Development five (5) copies of the following items (except item (b)) and materials in duplicate for transmittal to the Architectural Review Board for its review. The documents herein required for review by the Architectural Review Board are in addition to and not in lieu of such plans, detailed drawings and specifications as may be required for submission to the Department of Planning and Development by the provisions of all applicable ordinances of the City.
a. Schematic site plan at a scale of not less than one (1) inch equals
twenty (20) feet with dimensioned property lines, building setback
lines, easements identified, existing and proposed construction, location
of driveways and parking areas, topographic contours of the existing
grades and proposed finished grades at two (2) foot intervals minimum
for a distance twenty-five (25) feet from the face of the existing
and proposed construction with an indication of direction of flow
of storm water, locating proposed landscape material, landscape material
proposed to be removed and identifying any accessory structures, proposed
or existing.
b. Schematic floor plans (at a minimum scale of one-quarter (¼)
inch equals one (1) foot) showing overall building dimensions.
c. Schematic building elevations (at a minimum scale of one-quarter
(¼) inch equals one (1) foot) showing vertical dimensions,
fenestration, proposed materials and colors and any existing construction
where an addition or modification is proposed. All existing building
materials shall be indicated on the existing building elevations.
d. Color photographs of all buildings located on adjoining property.
Color photographs of all building facades of existing construction
for projects involving remodeling or additions.
e. Such other documentation, materials and other specific information
that the Architectural Review Board may reasonably request.
2. Plans for projects involving alterations and repairs, which do not
affect the outward appearance of a building, and existing home decks,
fences, window replacements and roofing shingle replacements shall
not require approval of the Architectural Review Board.
3. No building permit for a building project subject to this Section
shall be approved or issued by the Building Official until the Architectural
Review Board has completed its review of and has issued its ruling
hereunder with respect to such project.
4. Any proposed new construction or significant modification of existing
construction shall require architectural plans prepared by and bearing
the professional seal and signature of a person licensed to practice
architecture in the State according to Chapter 327, RSMo. Any work
associated with the proposed construction which is engineering in
nature and not incidental to the architectural scope per Chapter 327,
RSMo., shall require plans or drawings prepared by and bearing the
seal and signature of a person licensed under the same Statute to
practice engineering.
5. Any building plans and documentation related to such project once
approved by the Architectural Review Board and returned to the Building
Official for further processing of an application for a building permit
shall not thereafter be revised, altered or changed by the applicant
in any way affecting the outward appearance of the structure nor shall
the same be approved, suffered or permitted by the Building Official,
either before or after issuance of a building permit or at any time
during the progress of the execution of the work, without first resubmitting
the project to the Architectural Review Board for its further review
and consideration hereunder and obtaining its approval thereof.
6. Individual citizen notice. All residents and property
owners residing within three hundred (300) feet of property which
is the subject of review by the Architectural Review Board shall,
upon receipt of the petition by the Zoning Administrator, be notified
by mail that said petition was filed. Said notification shall give
the date of the first (1st) submission of the matter before the Architectural
Review Board, to include a copy of the body's review protocol as itemized
within this Division.
a. When applicable, the notice shall also state where copies of reports,
documents, applications, plans or other relevant material will be
accessible for examination by interested persons.
b. The Architectural Review Board, at its sole discretion, may hold
informational meetings intended to inform residents of the details
of proposals involving new construction or uses within three hundred
(300) feet of their homes. This is not to be construed as fulfilling
the requirement for the public hearings described elsewhere in this
Division. Resident notification of the informational meeting is to
be by post card or letter mailed or hand delivered to properties within
three hundred (300) feet of the property for which new construction
or a new use is petitioned.
[R.O. 2009 §25-114; Ord. No. 3968 §4, 3-7-2005]
A. Promptly
after an application for a building permit and all the supporting
data itemized above have been filed in good order in the Department
of Planning and Development, copies of the same application and supporting
data shall be equally distributed to all members of the Architectural
Review Board for their review, examination and determination, in connection
with the general welfare of the residents of the City, whether the
proposed structure will meet the following requirements:
1. It will conform to the proper architectural standards concerning
appearance and design.
2. It will be in general conformity with the style, design of surrounding
structures, not constituting an unsightly, grotesque or otherwise
unsuitable appearance, detrimental to the welfare of surrounding property
or residents.
3. It will be conducive to the proper architectural development of the
City.
4. It will preserve, to the greatest extent possible, living trees having
a caliper of six (6) or more inches and will be landscaped in general
conformity with surrounding properties.
B. In
making any determination hereunder with respect to conformity of the
proposed structure to the standards set out above, the Architectural
Review Board may consider its bulk, scale or total size in relation
to the size of the lot on which the structure is to be situated and
to the size of the other structures in the surrounding neighborhood.
[R.O. 2009 §25-115; Ord. No. 3968 §4, 3-7-2005]
Within ten (10) days of receiving the application and supporting
data, the Chairman shall call a public meeting of the Architectural
Review Board and a minimum fifteen (15) days' notice of the time and
place of the meeting shall be given to the applicant and publicly
posted. At the meeting the Architectural Review Board shall examine
the plans, elevations, detail drawings and specifications, hear the
applicant in reference thereto and any other evidence that may be
pertinent.
[R.O. 2009 §25-116; Ord. No. 3968 §4, 3-7-2005]
A. At
said meeting and after said hearing or, at any meeting within fifteen
(15) days subsequent thereto, the Architectural Review Board shall
take one (1) of the following actions:
1. The Architectural Review Board shall approve the application if,
in its opinion, the proposed structure will be in conformity with
the standards set out above;
2. The Architectural Review Board shall conditionally approve the application
if, in its opinion, the proposed structure will be in conformity with
the standards set out above, provided the applicant makes changes
in the drawings and specifications in strict conformity with recommendations
from the Architectural Review Board; or
3. The Architectural Review Board shall disapprove the application if,
in its opinion, the proposed structure will not be in conformity with
the standards set out above and the Architectural Review Board has
no reasonable recommendations that, if adopted, would cause it to
so conform. The Architectural Review Board shall provide written reasons
for the disapproval.
[R.O. 2009 §25-117; Ord. No. 3968 §4, 3-7-2005]
If the Architectural Review Board returns the application to
the Building Official with approval, the Building Official shall issue
the required permits. If the Architectural Review Board shall return
the application to the Building Official with conditional approval
and recommendations, the Building Official may issue the required
permits, provided that the applicant shall make appropriate changes
in the drawings and specifications and agree to comply with all recommendations
of the Architectural Review Board. Upon denial of any application
to the Architectural Review Board, the Building Official shall not
issue a building permit.
[R.O. 2009 §25-118; Ord. No. 3968 §4, 3-7-2005; Ord. No. 4359 §1, 7-16-2012]
A. Any
person aggrieved by the decision of the Architectural Review Board
may appeal to the Board of Aldermen. Appeals shall be filed within
ten (10) days from the date of the decision of the Architectural Review
Board for which the appeal is filed.
B. Any
appeal shall be based on one (1) or more of the following grounds
for appeal and the inquiry and review by the Board of Aldermen shall
be limited to the specific grounds stated in the appeal:
1. The Architectural Review Board's decision was outside the scope of
the Board's authority or jurisdiction;
2. The Architectural Review Board's decision is not supported by the
whole record;
a. The Architectural Review Board's decision is, for any other reason,
unauthorized by law; or
b. The Architectural Review Board's decision is arbitrary and capricious
or an abuse of the Board's discretion.
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The appeal must set forth sufficient factual detail and argument
so that the grounds for appeal are easily discernible.
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C. Upon an appeal being filed in the office of the City Clerk/Administrator, the hearing of the appeal will be placed on the agenda of the Board of Aldermen and processed in accordance with the Board of Aldermen procedures set forth in Chapter
400, Section
400.150 of the Brentwood City Code. There will be public notice thereof, as well as due notice to the parties in interest, including the owners of abutting lots.
D. The
Board of Aldermen at such hearing, shall hear such interested parties
as may desire to by heard and after said hearing shall make a determination
with regard to the appeal. The Board may affirm the decision of the
Architectural Review Board, may reject the decision of the Board and
remand the matter to the Architectural Review Board for further consideration,
or may affirm the decision with additional conditions. If the matter
is approved with conditions, and the applicant complies with the conditions,
the permit shall be issued forthwith, otherwise no permit shall be
issued by the Director of Planning and Development. The action of
the Board of Aldermen in regard to the application, together with
the report of the Architectural Review Board, shall be included in
the minutes of the Board of Aldermen.