City of Weldon Spring, MO Architectural Review Commission

Section 405.375 Established — Composition.

[Ord. No. 18-12, 12-11-2018]

There is hereby established a Commission to be known as the Architectural Review Commission (referred to as Commission or Architectural Review Commission hereafter). The Commission shall consist of five (5) members, all of whom have an interest in architecture or urban design.

Section 405.380 Purpose And Intent.

[Ord. No. 18-12, 12-11-2018]

The purpose of this Article XI is to preserve and protect the character of the City by ensuring that new construction in applicable zoning districts, as set out in Section 405.385, meets the design guidelines of this Section. This Article XI is intended to ensure that new construction conforms to all City ordinances; is consistent with the architectural style, scale and mass of existing buildings in the vicinity; and is comparable in design and building materials regardless of the length of time or number of developers involved in completing the development.

Section 405.385 Applicability.

[Ord. No. 18-12, 12-11-2018]

This Article XI shall apply to all construction in all zoning districts and in order to maintain a homogeneous design throughout a planned development, this Article XI shall apply to any lot in a planned district (including the "PR" Planned Residential and "PC" Planned Commercial Districts) which received Area Plan approval after March 23, 1995, and shall also apply to any new development within a planned district which received Area Plan approval (or its equivalent) prior to March 23, 1995, if such development falls within any category described in Sections 405.385(C)(1) and 405.385(C)(2) below shall apply to any lot or land area in a final development plan or section plan in a planned district when such final development plan or section plan deviates from the approved Area Plan significantly enough to be considered a substantive change as defined in Chapter 402.

For any portion of a development within a planned district which is not completed within five (5) years from the date of approval of the original Area Plan (or its equivalent) and for which no land use permit has been issued as a whole for a period of more than one (1) year, the property shall thereafter be subject to this Article XI for any subsequently approved final development plan or section plan.

Section 405.390 Members.

[Ord. No. 18-12, 12-11-2018]

Qualifications. Members of the Architectural Review Commission shall include a member of the Planning and Zoning Commission and, to the extent available, at least two (2) individuals who are architecture-related professionals or have substantial training or experience in an architecture-related design or construction field such as urban design, architectural studies, engineering, construction management or urban planning. All members of the Commission shall be residents of the City.

Appointment — Term — Removal. All members shall be appointed by the Mayor, subject to the approval of the Board of Aldermen. Members of the Architectural Review Commission shall be appointed for a term of five (5) years or until a successor is duly appointed by the Mayor and approved by the Board of Aldermen. Except, however, that the terms of the initial members of the Commission shall be staggered such that one (1) member will have a term of one (1) year, one (1) will serve for two (2) years, one (1) will serve for three (3) years, one (1) will serve for four (4) years and one (1) will serve for five (5) years. Thereafter, each of the members shall serve for five (5) years. Members shall be removable, without cause, at the will of the Mayor with the consent of the Board of Aldermen.

Alternate Members — Appointment, Term And Removal. The Architectural Review Commission of the City of Weldon Spring shall also include three (3) alternate members who shall be residents of the City of Weldon Spring. Alternate members shall be appointed by the Mayor with approval and consent of the Board of Aldermen for a term of three (3) years; except, however, that the terms of the alternate members shall be staggered such that one (1) member will have a term of one (1) year, one (1) will serve for two (2) years and one (1) will serve for three (3) years. Thereafter, each alternate member will serve for three (3) years. Alternate members may be called to vote on an issue only when there are not five (5) voting members of the Architectural Review Commission present. Members shall be removable, without cause, at the will of the Mayor with the consent of the Board of Aldermen.

Section 405.395 Meetings — Officers.

[Ord. No. 18-12, 12-11-2018; Ord. No. 24-10, 7-25-2024]

Meetings of the Architectural Review Commission shall be held at the call of the Chairman or the request of the Mayor. Except, however, that the Commission shall meet at least once per month unless there is no business to conduct in which case the meeting may be cancelled. Notice of any meeting shall be posted in a public place at least twenty-four (24) hours prior to such meeting. At its first meeting of each calendar year or as soon thereafter as practical, the Commission shall elect a Chairman, Vice Chairman, and Secretary from among its members. In the absence of the Chairman, the Vice Chairman shall act as Chairman. In the absence of the Chairman and Vice Chairman, the member next in seniority shall be the Acting Chairman. If two (2) or more members have served an equal period of time, the member with the later term expiration date shall be deemed next in seniority. No official action of the Commission shall be taken, except at a meeting open to the public. The Commission shall keep minutes of its proceedings showing the vote of each member upon each question or, if absent or if failing to vote, indicating such fact. A majority of the Commission may adopt rules and regulations to govern the procedures before the Commission.

Section 405.400 Submission Of Land Use Permit Applications.

[Ord. No. 18-12, 12-11-2018]

Every application for a land use permit for a lot or parcel of land within any applicable zoning district, as required by Section 405.385, except for alterations and repairs not affecting the outward appearance of a building, shall be submitted along with plans, elevations, detail drawings and specifications to the Zoning Commissioner.

All such plans, elevations and detail drawings shall be drawn to scale and be easily readable by the members of the Architectural Review Commission.

Every land use permit application for a principal building, every accessory building, whether it has a foundation or not, which exceeds one hundred twenty (120) square feet in size and every similar structure shall be reviewed by the Architectural Review Commission prior to the issuance of a land use permit.

Subdivision Improvement Agreement And Land Use Permit To Include Lot Improvements.

The applicant for a residential or commercial land use permit shall be required to pay for the permit and also to deposit a cash escrow to guarantee completion of all subdivision lot improvements or land use permit requirements, including, but not limited to: soil preservation; final grading; yard sodding and/or seeding; lot drainage; sidewalks; walls; landscaping; trails; fencing; removal of debris and waste; as well as for maintaining mud, material and debris-free streets; and all other lot improvements required by these regulations and the Board of Aldermen. (See estimated construction cost and cash escrow amounts listed in the fee schedule in the Municipal Code.)

If necessary, the escrow deposit shall be drawn upon and used to enforce the requirements of this agreement. Whether or not occupancy of a structure on any parcel or plat of land created by subdivision has occurred, the City may enforce the provisions of the subdivision improvement agreement where the provisions of this Section or any other applicable law, ordinance or regulations have not been met. All improvements completed under this Section require a final inspection prior to the escrow deposit being returned to the applicant. Failure to comply with any requirement of the subdivision improvement agreement or land use permit shall result in forfeiture of the applicant's escrow to the City. A separate check in an amount based on the estimated construction cost listed in the fee schedule of the Municipal Code shall be made payable to the City of Weldon Spring. The amount shall not be included with the land use permit fee.

Section 405.405 Review And Recommendation Of Land Use Permit Applications.

[Ord. No. 18-12, 12-11-2018]

Within thirty (30) days after an application for a land use permit has been submitted to City Hall, the Zoning Commissioner will send copies of the application to the members of the Architectural Review Commission who will review the application at their next scheduled meeting and recommend "approval," "conditional approval" or "denial." If the recommendation is "denial," then the applicant may appeal that decision to the Board of Aldermen.

Notice of the time and place of the meeting of the Architectural Review Commission shall be given to the applicant and shall be posted in a public place at least twenty-four (24) hours prior to such meeting. At the meeting, the Commission shall examine the plans, finished elevations, detail drawings and specifications, review the location of the main building and all accessory structures, as well as hear the applicant in reference thereto and any other evidence that may be pertinent. Review and disposition of the decision of the application may occur without the applicant being present.

At such meeting and after such hearing or at any meeting within thirty (30) days subsequent thereto, the Architectural Review Commission shall recommend approval of the application if, in its opinion, the proposed structure will conform to proper architectural standards of appearance and design, will be in general conformity with the Area Plan as established by prior approvals and the style and design of surrounding structures, will be conducive to the proper architectural development of the City and complies with all applicable City ordinances including the design standards of this Article XI. Written confirmation of this action shall be forwarded to the applicant and to the Zoning Commissioner by the Commission.

Section 405.410 Denial Of Land Use Permit Applications.

[Ord. No. 18-12, 12-11-2018]

The Architectural Review Commission shall recommend denial of the application if it determines that the proposed structure does not conform to the City's design standards or will be detrimental to the welfare of adjoining and surrounding properties of residents or owners and may make recommendations in regard to such application if it sees fit. Written confirmation of this action shall be forwarded to the applicant and to the Zoning Commissioner by the Commission.

Section 405.415 Conditional Approval.

[Ord. No. 18-12, 12-11-2018]

If the Architectural Review Commission cannot recommend approval of the application as presented, but does not feel inclined to recommend denial of the application, it may return the application, together with the plans, elevations, detail drawings and specifications, to the Zoning Commissioner with recommendations for changes to the application which would allow such application to be recommended for approval. Written confirmation of this action shall be forwarded to the applicant and to the Zoning Commissioner by the Commission.

Section 405.420 Action On Land Use Permit Applications By Zoning Commissioner.

[Ord. No. 18-12, 12-11-2018]

If the Architectural Review Commission recommends approval of the permit application to the Planning and Zoning Commission, the Zoning Commissioner may issue the permit provided that the application meets all other zoning regulation requirements. Failure by the Architectural Review Commission to act within forty-five (45) days after the Architectural Review Commission receives the plans shall constitute approval under Section 405.400.

If the Architectural Review Commission shall return the application to the Zoning Commissioner recommending conditional approval, the Zoning Commissioner may issue the permit, provided that the applicant shall make appropriate changes in the drawings and specifications and agree to comply with the recommendations of the Commission.

If the Architectural Review Commission shall return the application to the Zoning Commissioner recommending denial and without recommendations or with its conditional approval with recommendations and the applicant refuses to comply with those recommendations, the Zoning Commissioner shall not issue the permit.

Section 405.425 Appeals Of Architectural Review Commission Decisions.

[Ord. No. 18-12, 12-11-2018]

Any decision of the Architectural Review Commission may be appealed to the Board of Aldermen for review.

The Board of Aldermen may modify any decision of the Architectural Review Commission, but such modification shall require an affirmative vote of two-thirds (2/3) of the members of the Board of Aldermen.

Section 405.430 Design Standards.

[Ord. No. 18-12, 12-11-2018; Ord. No. 21-10, 10-12-2021; Ord. No. 24-11, 7-25-2024]

The Architectural Review Commission shall use the following design standards when reviewing land use permit applications in any applicable zoning district for permanent buildings. For purposes of this Section 405.430, residential buildings shall include single-family, single-family attached villas, and multi-family dwellings; commercial buildings shall include retail, office and related uses allowed in the "MED" Medical District, "GC" General Commercial District and "PC" Planned Commercial District; institutional buildings shall include private schools, hospitals, skilled nursing facilities, and similar institutional uses in any applicable zoning district; industrial buildings shall include manufacturing, warehousing and similar industrial uses allowed in "LI" Light Industrial District; major recreational buildings shall include ice rinks, indoor soccer facilities and buildings housing similar uses allowed in the "LI" Light Industrial District; and agricultural buildings shall include barns, kennels and similar buildings, whether principal or accessory, used for agricultural, livestock or large animal support or other accessory uses when located in the "AG" Agricultural District or "RS-3" Single-Family Residential District.

Residential And Multi-Family Buildings.

Non-Trim Permissible Building Materials. Residential buildings whether new, enlarged, diminished or modified should have exterior material of brick, stone masonry, painted wood or a material such as vinyl siding which resembles painted wood. Glass block may be used as an accent material. Building materials that are neither specifically permitted under this Section 405.430(B)(1) nor prohibited under Section 405.430(B)(2) below may be allowed by the Architectural Review Commission if they are deemed appropriate based on the design of the structure and surrounding buildings.

Non-Trim Prohibited Building Materials. In residential developments subject to this Article XI, no new residential building and no residential building which is enlarged, diminished or modified in exterior appearance shall have an exterior material of metal, smooth masonite, permastone, concrete cinder block, plywood, half timber, logs or concrete bricks.

Building Colors. Building colors, except for trim colors, shall be earth tones, white or similar suitable colors. Earth tone colors, include, but are not limited to, beige, taupe brown, granite gray, gray blue, greenish blue and dark brown. Fluorescent colors shall not be allowed. Building colors that are neither specifically permitted nor prohibited by this paragraph may be allowed by the Architectural Review Commission if they are deemed similar to a permitted building color. Materials for screening dumpsters must be harmonious in color with the color of the principal building. The Architectural Review Commission may adopt a list of building colors that are permitted to supplement the list in this Section 405.430(B)(3), provided that these additional colors are not specifically prohibited by this Section 405.430(B)(3).

Trim Colors/Window Colors. Trim colors and the colors of window frames shall be earth tones, white or a color that clearly complements the main color of the building. Fluorescent colors shall not be allowed.

Residential Front Facade. The front facade of every residential building shall be comprised of brick or stone masonry, unless alternative material is approved by the Architectural Review Commission based on the design of the structure. The front facade of every residential building shall wrap around and continue a minimum of twenty-four (24) inches on each side of the building. All dwellings shall present a good, well-maintained frontage, harmonious in design to the surrounding vicinity. The Architectural Review Commission may allow any individual house or a specific model of house to deviate from the building material requirements of this paragraph based on the design of the house. If architecturally acceptable, other materials such as painted wood and vinyl siding could be considered for front facades.

Roofs. The roof of any residential dwelling shall be covered by slate, tile, cedar shake, fiberglass/asphalt shingles or architectural metal shingles. The pitch of the roof shall have at least a four-foot rise to twelve-foot horizontal run and shall be subject to review and approval of the Architectural Review Commission. For minor additions to an existing home, the roof slope for the addition may be less than for the main roof. This provision is limited to the portions of the roof not exceeding ten percent (10%) of the existing roof area and is subject to review and approval of the Architectural Review Commission. Materials covering dormers, bay windows and similar architectural features may be any of the above materials or may be copper or a similar material provided that such material is in harmony with the roof material of the rest of the dwelling.

Single-Family Residential Garages. All garages for single-family detached dwellings shall be side-entry or rear entry except:

A front-entry garage can be considered for approval for a single-family residential building, which was either completed or under construction prior to March 11, 1997, and currently has a front entry garage.

For any residences in the "AG" Agricultural Zoning District; however, garage doors in the "AG" Agricultural Zoning District shall not be visible from the front elevation of a house.

For corner lots with two (2) front yards, a garage shall be considered side entry if the garage doors are oriented at a right angle to the front elevation of the house, even if the garage entry faces the adjacent street. Garages should conform architecturally to the principal building and its environs. Carports are not a permitted accessory structure to single-family dwellings or attached single-family villas in single-family residential areas.

Driveways. Driveways shall be a minimum of ten (10) feet wide. Driveways shall extend at least twenty-five (25) feet from the face of the garage and shall have a minimum turn radius of fifteen (15) feet. Driveways shall not have a slope over fifteen percent (15%), and driveways over two hundred (200) feet shall not have a slope over twelve percent (12%). Variances from the fifteen percent (15%) limit may be approved by the Architectural Review Commission. Driveways shall be set back at least four (4) feet from the side lot line from the point of intersection with the street right-of-way to the front line of the house. Any driveway located within ten (10) feet of a driveway on an adjoining lot shall be at an elevation not exceeding one (1) foot in vertical rise for every three (3) feet of horizontal distance from the adjacent driveway, unless a retaining wall is used to minimize the slopes. Driveways and parking pads shall consist of only stabilized surfaces such as asphalt, concrete, paver stones or other suitable paving material except for driveways in the "RS-3" Single-Family Residential District and the "AG" Agricultural District which exceed two hundred fifty (250) feet in length, which shall be exempt from this requirement.

Foundations. Concrete foundations shall be covered with a permissible building material so that no more than twelve (12) inches in height of the concrete of any building shall be visible.

10.

Walkways. All walkways shall consist of stone, brick or concrete. Asphalt walkways are expressly prohibited.

11.

Native Prairie Plants Required. Residential lots shall provide native prairie plants, as approved by the Missouri Department of Conservation, on steep slopes of 3:1 or greater pitch. Except, however, that such plants shall not be required for areas of the site which have a slope exceeding a 3:1 pitch prior to site development and which will remain in an undisturbed natural state. Native prairie plants shall be required on all stormwater runoff areas (please see the Native Landscaping Manual; A Guide to Native Landscaping in Missouri prepared by Shaw Nature Reserve for more details).

12.

Retaining Walls. See Section 405.160(G).

13.

Height, Scale And Mass. The height, scale and mass of a building must be considered and shall be in proportion to other buildings in the vicinity. Where other neighbors are not in the vicinity, the Architectural Review Commission shall consider the overall character of that part of the City as well as its Comprehensive Land Use Plan in making a determination (see Section 405.380).

14.

Architectural Style. The style of any building shall be harmonious with the existing styles in the vicinity. Where neighbors are not in the vicinity, the Architectural Review Commission shall consider the overall character of that part of the City as well as its Comprehensive Land Use Plan in making a determination (see Section 405.380).

15.

Fences In Yards Abutting City Roads. See Section 405.160(D).

16.

Mechanical Equipment — Multi-Family. All mechanical equipment on multi-family buildings (such as air conditioning units) shall be completely screened from view. All buildings shall be architecturally designed so that roof-mounted equipment is hidden from all sides of the building when the building is ready for occupancy. In addition, any mechanical equipment shall be hidden so that it is not visible from the property line of the multi-family development or subdivision in which the building is located or from any residential property. Except, however, that in the case of multi-family buildings located at a lower grade than surrounding properties, the screening requirement for roof-mounted equipment shall be reduced to screening material the height of the roof-mounted equipment on all sides of the building.

Commercial And Institutional Buildings.

Non-Trim Permissible Building Materials. Commercial and institutional buildings shall have exterior material of brick, stucco, textured masonite, stone masonry, split-faced block or glass. Glass block may be used as an accent material. Building materials should conform to the current list of recommended material published by the Architectural Review Commission.

Non-Trim Prohibited Building Materials. No new commercial or institutional building and no remodeled, enlarged or diminished commercial or institutional building shall have an exterior material of metal, smooth masonite, permastone, concrete cinder block, tilt-up concrete, concrete brick, vinyl or wood.

Trim And Accent Materials. Trim and accent materials may include architectural metal provided that it does not exceed fifteen percent (15%) of the exterior material of the building.

Building Colors. Building colors, except for trim colors, shall be subdued earth tones, white or similar suitable colors. Earth tone colors,] include, but are not limited to, mauve, beige, taupe brown, granite gray, gray blue, greenish blue and dark brown. Fluorescent colors shall not be allowed. Building colors that are neither specifically permitted nor prohibited by this paragraph may be allowed by the Architectural Review Commission if they are deemed similar to a permitted building color. Materials for screening dumpsters must be harmonious in color with the color of the principal building.

The Architectural Review Commission may recommend and the Board may approve a list of building colors that are permitted to supplement the list in this paragraph, provided that these additional colors are not specifically prohibited by this Section 405.430(C)(4).

Roofs. Roofs on buildings with three (3) or more stories may be flat or pitched as approved by the Architectural Review Commission. Roofs on one-story buildings shall not be flat or nearly flat except for the center portion of the roof (not to exceed forty percent (40%) of the entire roof when seen in plan view) that is not visible from ground level. At least sixty percent (60%) of the roof area on a one-story building, when seen in plan view, must be pitched. The pitch of such roof shall have at least a four-foot rise to twelve-foot horizontal run but shall not exceed a twelve-foot rise to twelve-foot horizontal run. Roofs on two-story buildings shall follow the same requirements as one-story buildings except for any two-story building exceeding twenty thousand (20,000) square feet in floor area which may have a flat roof if such roof is consistent with other commercial buildings in the area as determined by the Architectural Review Commission. All roofs shall be subject to review and approval of the Architectural Review Commission for materials, pitch and color. Colors for roof materials shall not deviate from the list of permissible building colors unless such material is a shade of dark gray or black that is not designed to call attention to the building or such material is not visible from any nearby property or roadway.

Garages. Garages may be front, side or rear-entry although attempts shall be made to design all commercial and institutional buildings such that buildings do not have garage doors facing any street. Garages should conform architecturally to the principal building and its environs.

Driveways. Driveways shall be set back at least four (4) feet from the side lot line from the point of intersection with the street right-of-way to the front line of the building. Any driveway located within ten (10) feet of a driveway on an adjoining lot shall be at an elevation not exceeding one (1) foot in vertical rise for every three (3) feet of horizontal distance from the adjacent driveway. Driveways and parking pads shall consist of only stabilized surfaces such as asphalt or concrete.

Foundations. Concrete foundations shall be covered with a permissible building material so that no more than twelve (12) inches in height of the concrete of any building shall be visible.

10.

Walkways. All walkways shall consist of stone, brick or concrete. Asphalt walkways are expressly prohibited.

11.

Sod Required. On non-residential lots, no slopes shall be permitted in excess of 3:1. Except, however, that sod shall not be required for areas of the site which have a slope exceeding a 3:1 pitch prior to site development and which will remain in an undisturbed natural state. Sod shall be required on all stormwater runoff areas.

12.

Mechanical Equipment. All mechanical equipment on commercial and institutional buildings (such as air conditioning units) shall be completely screened from view. All buildings shall be architecturally designed so that roof-mounted equipment is hidden from all sides of the building when the building is ready for occupancy. In addition, any mechanical equipment shall be hidden so that it is not visible from the property line of the business or industrial park or subdivision in which the building is located or from any residential property. Except, however, that in the case of commercial and institutional buildings located at a lower grade than surrounding properties, the screening requirement for roof-mounted equipment shall be increased to screening material the height of the roof-mounted equipment on all sides of the building.

13.

Facades. Each facade (see Section 402.020 for definition of facade) on every commercial and institutional building, excluding window glass, shall be comprised of brick or stone masonry unless alternative material is approved by the Architectural Review Commission based on the design of the building. All buildings shall present good, well-maintained frontages, harmonious in design to the building. All buildings shall present good, well-maintained frontages, harmonious in design to the surrounding vicinity. If architecturally acceptable, glass could be considered for part of a facade.

14.

(Reserved)

15.

Retaining Walls. See Section 405.160(G).

16.

Fences In Yards Abutting City Roads. See Section 405.160(D).

17.

Architectural Design Theme. See Sections 405.140(J) and 405.145(I).

Industrial And Major Recreational Buildings.

Non-Trim Permissible Building Materials. Industrial and major recreational buildings shall have exterior material of brick, stucco, textured masonite, stone masonry, split-faced block, tilt-up concrete, pre-painted steel siding, concrete brick or glass. Glass block may be used as an accent material. Building materials should conform to the current list of recommended materials published by the Architectural Review Commission.

Prohibited Building Materials. No new industrial or major recreational building and no remodeled, enlarged or diminished industrial or major recreational building shall have an exterior material of metal (except pre-painted steel siding), smooth masonite, permastone, concrete cinder block, vinyl or wood.

Building Colors. Building colors, except for trim colors, shall be earth tones, white or similar suitable colors. Earth tone colors, include, but are not limited to, beige, taupe brown, granite gray, gray blue, greenish blue and dark brown. Fluorescent colors shall not be allowed. Building colors that are neither specifically permitted nor prohibited by this paragraph may be allowed by the Architectural Review Commission if they are deemed similar to a permitted building color. Materials for screening dumpsters must be harmonious in color with the color of the principal building. The Architectural Review Commission may adopt a list of building colors that are permitted to supplement the list in this Section 405.430(D)(3), provided that these additional colors are not specifically prohibited by this Section 405.430(D)(3).

Roofs. New roofs shall match the pitch of the existing roof. Roofs shall be subject to review and approval of the Architectural Review Commission for materials and pitch.

Garages. Garages may be front, side or rear-entry although attempts shall be made to design all industrial and major recreational buildings such that buildings do not have garage doors facing any street. Garages should conform architecturally to the principal building and its environs.

Foundations. Concrete foundations shall be covered with a permissible building material so that no more than twelve (12) inches in height of the concrete of any building shall be visible.

Walkways. All walkways shall consist of stone, brick or concrete. Asphalt walkways are expressly prohibited.

10.

11.

Mechanical Equipment. All mechanical equipment on industrial and major recreational buildings (such as air conditioning units) shall be screened from view. All buildings shall be architecturally designed so that roof-mounted equipment is hidden from all sides of the building when the building is ready for occupancy. In addition, any mechanical equipment shall be hidden so that it is not visible from the property line of the business or industrial park or subdivision in which the building is located or from any residential property. Except, however, that in the case of industrial buildings located at a lower grade than surrounding properties, the screening requirement for roof-mounted equipment shall be reduced to screening material the height of the roof-mounted equipment on all sides of the building.

12.

Front Facade. A minimum of sixty percent (60%) of the non-glass surface of the front facade of every industrial and major recreational building shall be comprised of brick, stucco or stone masonry unless alternative material is approved by the Architectural Review Commission based on the design of the building. When calculating this percentage, the area occupied by windows or other glass shall not be included as part of the sixty percent (60%). All buildings shall present a good, well-maintained frontage, harmonious in design to the surrounding vicinity.

13.

Retaining Walls. See Section 405.160(G).

14.

Fences In Yards Abutting City Roads. See Section 405.160(D).

15.

Architectural Design Theme. See Sections 405.140(J) and 405.145(I).

Agricultural Buildings.

Non-Trim Permissible Building Materials. Agricultural buildings whether new, enlarged, diminished or where the front facade is modified shall have exterior material of brick, stucco, textured masonite, smooth masonite, permastone, stone masonry, prepainted metal siding, painted concrete cinder block, painted wood or a material such as vinyl siding which resembles painted wood. Building materials that are neither specifically permitted under this Section 405.430(E)(1) nor prohibited under Section 405.430(E)(2) below may be allowed by the Architectural Review Commission if they are deemed similar to a permitted building material.

Non-Trim Prohibited Building Materials. On lots or tracts of land used for agricultural purposes subject to this Article XI, no new agricultural building and no agricultural building which is enlarged or where the front facade is modified in exterior appearance shall have an exterior material of metal (except pre-painted metal siding), unpainted concrete cinder block, plywood, half timber, logs or concrete bricks.

Building Colors. Building colors, except for trim colors, shall be earth tones, white or similar suitable colors. Earth tone colors, include, but are not limited to, beige, barn red, taupe brown, granite gray, gray blue, greenish blue and dark brown. Fluorescent colors shall not be allowed. Building colors that are neither specifically permitted nor prohibited by this paragraph may be allowed by the Architectural Review Commission if they are deemed similar to a permitted building color. The Architectural Review Commission may adopt a list of building colors that are permitted to supplement the list in this Section 405.430(E)(3), provided that these additional colors are not specifically prohibited by this Section 405.430(E)(3).

Roofs. The roof of any agricultural building shall be covered by slate, tile, cedar shake or fiberglass/asphalt shingles or may be metal. Flat roofs are prohibited. New roofs shall match the pitch of the existing roof if any. The pitch of the roof shall be subject to review and approval of the Architectural Review Commission. Materials covering dormers, bay windows, cupolas and similar architectural features may be any of the above materials or may be copper or a similar material provided that such material is in harmony with the roof material of the rest of the dwelling.

Foundations. Concrete foundations shall be covered with a permissible building material so that no more than forty-eight (48) inches in height of the concrete of any building shall be visible.

Accessory Buildings. Accessory buildings shall have the same requirements for color and roof slopes as the associated primary buildings; metal buildings are allowed, subject to these restrictions. Accessory structures must also comply with the size, height, setback and other requirements of Section 405.165.

Section 405.435 Temporary Buildings.

[Ord. No. 18-12, 12-11-2018]

Temporary buildings are subject to Architectural Review Commission review and approval. Such buildings should be attractive and blend with their surroundings although they shall not be required to conform to all of the design guidelines as permanent buildings. Temporary construction trailers that will be on a site for less than eighteen (18) months are exempt from Architectural Review Commission approval.

Section 405.440 Exceptions To ARC Approval.

[Ord. No. 18-12, 12-11-2018]

Notwithstanding the other provisions of this Article XI, the following improvements shall be exempt from review and approval of the Architectural Review Commission:

Interior remodeling of any building which does not affect the exterior appearance of the building or increase the gross floor area of the building.

Routine maintenance and repair, including, but not limited to, painting, replacing shingles, replacing doors, replacing windows and similar maintenance provided that there is no change to the general appearance of the front facade of the building other than the color of the paint and provided that paint colors do not deviate from those allowed by the appropriate Sections of this Article XI and that any new shingles not deviate from the approved list of shingles.

An addition to an existing residential building not exceeding twenty-five percent (25%) of the dwelling unit size, provided that the addition does not extend or modify the front facade of the house. The allowance for an addition exceeding twenty-five percent (25%) of the dwelling unit size shall include cumulative additions to the residence based on the dwelling unit size on the effective date of this Chapter. For example, an addition equal to ten percent (10%) of the dwelling unit size is allowed. A second (2nd) addition equal to ten percent (10%) of the dwelling unit size on the effective date of this Chapter is allowed, but a third (3rd) addition equal to ten percent (10%) of the dwelling unit size on the effective date of this Chapter requires approval by the Architectural Review Commission.

Construction of an accessory building not exceeding one hundred twenty (120) square feet in area or eight (8) feet in height.

Agricultural structures on property that continues to be used solely for farm and agriculture related purposes.

If there is any question concerning whether a proposed building addition or modification requires a recommendation for approval of the Architectural Review Commission, the Zoning Commissioner shall render a decision, in writing, outlining the reasons for the decision. Within ten (10) days of receipt of the written decision, the applicant may appeal the decision of the Zoning Commissioner to the Architectural Review Commission who will make the final decision.