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January 11, 2010, repealed this chapter 423, §§423.010 —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 no. 448 §1, adopted December 13, 2010, repealed ch. 423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.
