Editor's Note — Previously, ord. no. 438 §1, adopted January 11, 2010, repealed this chapter 423, §§423.010 — 423.130 and enacted the new provisions set out herein on similar subject matter. Former ch. 423 derived from CC 1995 §§510.010 — 510.130; ord. no.290 §§1 — 13, 4-12-1993. Subsequently, ord. no. 448 §1, adopted December 13, 2010, repealed ch. 423 and enacted new provisions set out herein. Former ch. 423 derived from ord. no. 438 §1, 1-11-2010; ord. no. 443 §4, 4-12-2010.
[Ord. No. 448 §1, 12-13-2010]
A. 
There is hereby created an Architectural Review Board to consist of the members of the City's Zoning and Planning Commission. The Chair, Vice Chair, and Secretary of the City Planning and Zoning Commission shall be Chair, Vice Chair, and Secretary, respectively, of the Architectural Review Board. The Board shall have the power, with the approval of the Board of Alderpersons, to employ such experts, technicians, or consultants as may be deemed proper.
B. 
Meetings of the Architectural Review Board shall be held in conjunction with the meetings of the City Zoning and Planning Commission and at such other times as the Architectural Review Board may determine.
[Ord. No. 448 §1, 12-13-2010]
For the purposes of stabilizing property values and preserving and promoting the residential nature and general welfare of the City, the Board of Alderpersons, in conformity with Section 425.030 of this Code, shall adopt and amend from time to time certain design guidelines to review and regulate new construction or exterior alterations of structures and accessory structures that will substantially affect the exterior appearance of property within Zoning Districts "B", "C", and "D". Said guidelines shall be applied as provided herein. The guidelines shall be distributed without charge on request to any applicant or other interested person.
[1]
Editor's Note — Design guidelines have been adopted by ord. no. 438 §2, 1-11-2010 and amended by ord. no. 500 §1, adopted August 8, 2013 on file in the city offices. These guidelines are used in conjunction with the review of single-family residential housing in districts "B", "C" and "D" as provided in this chapter.
[Ord. No. 448 §1, 12-13-2010]
A. 
Unless excepted by the City Planner as provided in Section 423.040, all new construction or proposed exterior alterations of structures and accessory structures that will substantially affect the exterior appearance of property within Zoning Districts "B", "C", and "D" shall be submitted to the Architectural Review Board for consideration. No work shall be performed, and no building permit shall issue, without Board approval.
B. 
Applicants for architectural review shall submit an application on a form to be prepared by the Architectural Review Board. The application shall require the submission of plan drawings and specifications, all of which shall be submitted to the City Planner in digital format. The application may also require the submission of materials, samples, or other information necessary to describe the proposed exterior work.
[Ord. No. 627, 1-25-2021]
C. 
Each application shall also be accompanied by an appropriate fee, to be established by the Board of Alderpersons from time to time, to recover some or all of the City's costs of review.
[Ord. No. 448 §1, 12-13-2010]
A. 
The City Planner shall have the discretion and authority to exclude from these requirements those plans for new construction and proposed exterior alterations of structures and accessory structures that will not substantially affect the exterior appearance of property as identified in Subsection (C) hereof, in which case no application for review by the Architectural Review Board shall be necessary.
B. 
The Board of Alderpersons may from time to time establish a fee for the recovery of costs associated with the City Planner's review and consideration of such exceptions, but if an exception is denied, the applicant shall receive credit for such fee against any application fee assessed for Board review.
C. 
The City Planner may determine that the following items will not substantially affect the exterior appearance of property and can be excepted from review by the Architectural Review Board, but any such exception shall not relieve any such item from compliance with other City ordinances or regulations:
1. 
Decks;
2. 
Swimming pools, both above and below ground;
3. 
Conversion of carports;
4. 
Porches;
5. 
Satellite dishes;
6. 
Fences;
7. 
Retaining walls under three (3) feet (from underground base to top of wall);
8. 
Accessory structures containing one hundred twenty (120) square feet or less in area and not exceeding sixteen (16) feet in height; and
9. 
Any exterior alteration that does not require a building permit, e.g., painting, siding, etc.
D. 
In considering the propriety of an exception, the City Planner may require:
1. 
The submission of building materials, samples, drawings, or other materials, documents, or information deemed necessary to make a determination that the proposed construction will not substantially affect the exterior appearance of property; and
2. 
Modifications to the proposed construction as a prerequisite to finding that the proposed construction will not substantially affect the exterior appearance of property.
E. 
The City Planner shall inform the applicant and the City's Building Inspector, in writing, as to the granting or denial of an exception. If an exception is denied, then the application shall be considered by the Architectural Review Board.
[Ord. No. 448 §1, 12-13-2010]
A. 
Within ten (10) business days of the receipt of an application, the City Planner shall review the application and inform the applicant of any filing deficiencies or the need for building materials or samples or other additional information. The applicant shall then submit one (1) digital copy and one (1) hard copy of the revised application to the City Planner, along with any requested materials or samples. The City Planner may require that the applicant submit up to three (3) additional hard copies of the revised application.
[Ord. No. 627, 1-25-2021]
B. 
Within ten (10) business days of receipt of a complete application, the City Planner shall evaluate the application and submit the complete application for consideration by the Board not later than ten (10) days prior to its next scheduled meeting. If this deadline cannot be met, the application shall be submitted at the following meeting.
C. 
If the City Planner finds that the application meets the guidelines, the City Planner shall forward the application to the Architectural Review Board for consent agenda consideration as provided in Subsection (E)(1) hereof.
D. 
If the City Planner finds that the application does not meet the guidelines, the City Planner shall inform the applicant of any perceived design deficiencies.
[Ord. No. 627, 1-25-2021]
1. 
If the applicant disagrees with the City Planner's evaluation, the applicant may request that the application be forwarded to the Architectural Review Board for consideration as provided in Subsection (E)(2) hereof.
2. 
In the alternative, the applicant may revise the application, after which the City Planner shall have ten (10) business days to evaluate same and to forward the revised application to the Architectural Review Board, either for consent agenda consideration as provided in Subsection (E)(1) hereof or for consideration as provided in Subsection (E)(2).
E. 
The City Planner shall forward the application to the Architectural Review Board, along with a written evaluation, including such recommendations as the City Planner deems appropriate.
1. 
If the City Planner has found that the application meets the guidelines, the application shall be placed on a consent agenda, by which the Architectural Review Board may approve the application without a hearing, either alone or together with other applications. Any member of the Architectural Review Board 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 meet the guidelines. If the motion to remove passes, the application shall be removed from the consent agenda and shall be continued to the next regular meeting for a hearing as provided in Subsection (E)(2).
2. 
If the City Planner has found that the application does not meet the guidelines, or if the application has been removed from the consent agenda, the Architectural Review Board shall hold a hearing to review the application. At the hearing, the City Planner shall present the application, the applicant shall present such evidence as he or she desires in support of the application, and the public shall be allowed to comment and present evidence. The Board shall evaluate the application by considering the guidelines, the application, the City Planner's evaluation, the applicant's evidence, and any public comment or evidence.
[Ord. No. 448 §1, 12-13-2010]
A. 
After its review, the Board shall approve or deny the application. In approving an application, the Board may impose conditions and restrictions on the approval. The applicant shall make appropriate changes in the plan drawings and specifications to conform to the terms of the Board's approval, or if the terms are such that they are not capable of being reflected in the plan drawings and specifications, the applicant shall agree to the Board's terms, either in writing or on the public record at the review hearing. The applicant shall then submit to the City Clerk one (1) digital copy and three (3) hard copies of the plan drawings and specifications reflecting the required changes.
[Ord. No. 627, 1-25-2021]
B. 
The Building Inspector shall not issue a building permit, nor shall any work proposed under the application be commenced, if the application is disapproved or if the applicant fails to comply with the terms of approval.
C. 
All applications shall be considered promptly by the Architectural Review Board. Unless the applicant agrees in writing to an extension of the time for review, failure of the Board to act within sixty (60) days of the date of the meeting at which the application is first considered shall constitute approval.
[Ord. No. 448 §1, 12-13-2010]
Any interested person may appeal a decision of the Architectural Review Board to the Board of Alderpersons, who shall consider the application de novo by separate hearing. The appeal may be taken by filing with the City Clerk, within fourteen (14) days of the Board's decision, a fifty dollar ($50.00) filing fee and a letter specifying the grounds of the appeal and requesting a hearing. The hearing shall take place at a regular or special meeting of the Board of Alderpersons held not sooner than fourteen (14) days, and not later than sixty (60) days, after the date of the taking of the appeal. In considering the appeal, the Board of Alderpersons' authority shall be the same as that of the Architectural Review Board.
[Ord. No. 448 §1, 12-13-2010]
An applicant may appeal a decision of the Board of Alderpersons by filing a petition with the St. Louis County Circuit Court within thirty (30) days of the Board's decision and as permitted by law.