- BUILDING COMMISSION
(a)
Certificates of Approval required before other permits. Certificates of Approval issued by the Building Commission are required before application may be made for a permit to move or demolish a Building or for a Building Permit to construct a Main Building, a Secondary Building or an Addition (except Minor Additions as defined in subsection (b) of this Section). Further, the Code Official may refer applications for certain Alterations to Main Buildings or Secondary Buildings to the Building Commission for a Certificate of Approval prior to granting a Building Permit.
(b)
Minor Additions. Building Commission review is not required for Minor Additions to the first floors of Main or Secondary Buildings when such Additions are less than or equal to 15 percent of the total square footage of the existing Building, provided that such Minor Additions shall be allowed only once every ten Years. Second and successive Additions within such ten-Year period require Building Commission review.
(c)
Façade Alterations. Notwithstanding subsection (b) of this Section regarding Minor Additions, a Certificate of Approval is required if the appearance of the façade of a Building on its Street-facing side will be altered, and such façade Alterations span over 50 lineal feet of the Building or 50 percent of the façade, whichever is less. A Certificate of Approval pursuant to this subsection is not required for:
(1)
The removal and replacement of like materials to the façade; or
(2)
The application of paint to or removal of paint from the façade, including applying paint to a previously unpainted façade.
(d)
Certificates of Approval for related fence, swimming pool, Accessory Building and Accessory Structure projects; one-year waiting period for certain types of permits after Building Commission approval.
(1)
Certificates of Approval are not required to apply for Permits for fences, swimming pools, Accessory Buildings or Accessory Structures when such proposed construction is the only work for which the Permit is sought. However, the Building Commission shall review proposals for fences, swimming pools, Accessory Buildings, and Accessory Structures that are part of a proposed project that requires a Certificate of Approval. Applicants should include all aspects of their proposed project in their applications for Certificates of Approval, including any fences, swimming pools, Accessory Buildings or Accessory Structures.
(2)
After the Building Commission issues a Certificate of Approval, new applications for Permits for those types of Accessory Buildings or Accessory Structures that could negatively impact drainage or privacy or that could otherwise create issues for adjacent properties will require a new Certificate of Approval from the Building Commission. Such applications will not be heard by the Building Commission for one year from the date of issuance of the Certificate of Occupancy for the project. Such applications include those for swimming pools; cabanas and pool houses; detached garages; and Sports Courts.
(e)
Violations. It is a violation of this Chapter for any Person to move or demolish a Building or to construct a Main Building, Secondary Building, or an Addition for which a Certificate of Approval is required until a Certificate of Approval has been obtained from the Building Commission as set out in this Article.
(Code 2013, § 50-341; Ord. No. 1168, § 1, 11-19-2019; Ord. No. 1177, § 1, 3-10-2020; Ord. No. 1220, § 1, 12-13-2022; Ord. No. 1234, § 1(50-341), 8-8-2023; Ord. No. 1249, § 1(50-341), 3-12-2024)
In addition to the terms defined in Section 50-3, the following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
Architectural Resources means Buildings that possess significant local interest or significant artistic or architectural merit, that are particularly representative of their class or period, or that are particularly important to the City's history.
(Code 2013, § 50-342; Ord. No. 1168, § 1, 11-19-2019)
(a)
Repairs that do not require a Building Permit. A Certificate of Approval is not required for Repairs to existing Buildings that do not require a Building Permit.
(b)
PUDs. A Certificate of Approval is not required for Building Permits for Buildings in Planned Unit Developments.
(c)
Public improvements. A Certificate of Approval is not required for construction, enhancement, demolition, maintenance or Repair of Public Improvements authorized by the City or a public trust having the City as its beneficiary.
(d)
Minor Additions. As set out in Section 50-673(b), a Certificate of Approval is not required for certain Minor Additions.
(Code 2013, § 50-343; Ord. No. 1168, § 1, 11-19-2019; Ord. No. 1234, § 1(50-343), 8-8-2023)
The City's Building moving, demolition, design, and construction review process, requirements, and guidelines are intended to:
(1)
Promote Development planning in furtherance of the general descriptions and Development Regulations established for Dwellings, churches, and commercial and office Buildings in the respective Districts within the City, as described in Article II of this Chapter.
(2)
Protect, preserve, and enhance the quality of the built environment by encouraging the highest standards in architectural and landscape design, Building materials and workmanship, and aesthetic and proportional compatibility between new and existing Buildings.
(3)
Protect, preserve, and enhance the City as a place of timeless beauty, with many Parks, open spaces, and well-kept beautiful Residential landscapes in Residential Zoning Districts.
(4)
Encourage preservation, protection, renovation, and restoration of Architectural Resources whenever reasonably possible.
(5)
Ensure that architecture and Landscaping respect the privacy of adjacent Properties.
(6)
Ensure that consideration is given to the proportionality of proposed Buildings in relation to Buildings on adjacent Properties.
(Code 2013, § 50-344; Ord. No. 1168, § 1, 11-19-2019)
Certificates of Approval issued on the basis of plans, applications, modifications, and requirements approved by the City authorize only the moving, demolition, design, and/or construction of Buildings set forth in such approved plans, applications, modifications, and requirements, and no other Building moving, demolition or construction. After the Building Commission issues a Certificate of Approval, any change to the approved construction requires a new Certificate of Approval except for Minor revisions to the construction which may be administratively approved and Minor revisions to conditions imposed on the Certificate of Approval which may be approved by the Building Commission, as set out in Section 50-742.
(Code 2013, § 50-345; Ord. No. 1168, § 1, 11-19-2019; Ord. No. 1177, § 2, 3-10-2020; Ord. No. 1203, § 1, 12-14-2021)
Each and every violation of this Article is hereby declared a public nuisance and may be dealt with and abated as such. Any Person maintaining such a nuisance shall be guilty of an offense, and each day upon which such nuisance continues is a separate offense.
(Code 2013, § 50-346; Ord. No. 1168, § 1, 11-19-2019)
There is hereby created within and for the City a Building Commission with the powers and duties as hereinafter set forth.
(Code 2013, § 50-351; Ord. No. 1168, § 1, 11-19-2019)
(a)
The Building Commission shall consist of five Commissioners, two of whom shall be Residents of the City. Commissioners shall be appointed by the City Council. At least two Commissioners shall be registered architects, landscape architects, urban planners, historic preservation consultants, or engineers. In addition, one of the five Commissioners shall be a general Building Contractor.
(b)
In order to stagger the expiration of terms, the appointments of the initial Commissioners shall be for one, two or three Years for each position. Thereafter appointments shall be for three Years. Notwithstanding anything herein provided, the Commissioners may be removed at any time by majority vote of the City Council.
(c)
Commissioners shall serve without compensation. Commissioners shall hold no other municipal office, except that one Commissioner may be a member of the Board of Adjustment.
(d)
Commissioner position vacancies occurring other than through the expiration of the term of office shall be filled for the unexpired portion of the term.
(e)
In the event three or more of the Building Commission positions are vacant at any time, the Planning Commission will serve as the Building Commission and have all of its powers and fulfill all of its duties.
(Code 2013, § 50-352; Ord. No. 1168, § 1, 11-19-2019)
(a)
Chair. The Building Commission shall elect a chairperson and fill such other of its offices as it may determine. The term of the chairperson shall be one Year, with eligibility for reelection.
(b)
Meetings. The Building Commission shall schedule a regular monthly meeting which may be cancelled if there is no Business to be brought before it. The Building Commission shall adopt rules for the Transaction of Business and shall keep a Record of its Resolutions, Transactions, findings, and recommendations. This record shall be a public Record. Three Commissioners shall constitute a quorum for the Transaction of Business. A majority vote of those members present may take action on behalf of the Building Commission.
(Code 2013, § 50-353; Ord. No. 1168, § 1, 11-19-2019)
The Building Commission shall have the following powers and duties:
(1)
Issue or refuse to issue Certificates of Approval for the moving, demolition, and construction of Main Buildings or Secondary Buildings or Additions to Main Buildings or Secondary Buildings on Property located within all Zoning Districts.
(2)
Comment upon and provide recommendations on Building moving, demolition, design, and construction review regulations, when asked to do so by such other bodies.
(Code 2013, § 50-354; Ord. No. 1168, § 1, 11-19-2019)
The Building Commission shall review all applications for Certificates of Approval which, if issued, allows the applicant to proceed with the Building Permit process and, where applicable, the Demolition Permit process.
(Code 2013, § 50-371; Ord. No. 1168, § 1, 11-19-2019; Ord. No. 1234, § 1(50-371), 8-8-2023)
Applications for Certificates of Approval shall be filed with the City on forms provided by the City Clerk. Two originals and a digital version of the application and all required documents must be submitted. Applications must be certified by the owners of the Property. All plan sheets (Site Plans, Drainage Plans, Landscaping Plans, Floor Plans, Elevation Plans, Roof Plans, Detail Plans, and Section Cut Plans) and renderings required by this Section must be: (1) of sufficient notation, dimensions, and detail to indicate the extent of the proposed work and that the work will conform to the provisions of all applicable codes adopted by the City and City ordinances as a map for construction (the "Construction Document Requirement"); and (2) labeled "Construction Document" in the Title Block on each plan sheet submitted, which labeling will indicate that the applicant believes that the submissions meet the Construction Document Requirement.
The following attachments (the details for which are stated in the application form), and all other information required by the application form, must accompany the application.
(1)
Application attachments required for all applications. In addition to the information required for the specific type of application stated in subsections (2) through (4) of this Section, each application must include the following:
a.
Drainage plans and information. Drainage plans and drainage information as described in subsection (5) of this Section.
b.
Ownership radius report. For all applications, a report certified by the County Assessor or certified by a bonded abstractor stating the names, addresses, and contact information for the owners of Property within a 300-foot radius of the exterior boundary of the Building proposed to be moved, demolished or constructed, such radius to be extended by increments of 100 linear feet until the list of Property owners includes not less than ten individual Property owners of separate parcels.
c.
Plat and/or covenant review. For all applications, an attestation, as set out in the application form, that the applicant has reviewed all applicable plat restrictions and restrictive covenants filed of Record with the County Clerk and that to the best of applicant's knowledge, the proposed project is or is not consistent with any such plat restrictions or restrictive covenants, as the case may be.
(2)
Application attachments for moving or demolishing Buildings. In addition to the attachments required by subsection (1) of this Section, for moving or demolishing Buildings, the following are required:
a.
Narrative. A narrative explaining the desire for the proposed moving or demolition of the Building.
b.
Pictures. Pictures of the subject Building. (Not more than two pictures are required.)
c.
Additional information for Dwellings. If the Building is a Dwelling:
1.
Evidence of the ownership and management of the owners if the owners (or any of them) is not an individuals.
2.
Evidence of the intended owners and Occupants of the replacement Dwelling.
3.
Evidence of the ability of the intended owners of the replacement Dwelling to be able to finance its construction.
d.
Construction information. All documents and information required for construction of the proposed replacement Building, as described in subsection (3) of this Section, properly labeled as "Construction Documents" as required by this Section, as applicable. If a replacement Building is not required by this Code, a description of the intended use of the Property after the Building is moved or demolished is required.
(3)
Application attachments for construction of Main Buildings, Secondary Buildings, and Additions. In addition to the attachments required by subsection (1) of this Section, for construction of a new Main Building or Secondary Building, or construction of an Addition, the following are required, properly labeled as "Construction Documents" as required by this Section, as applicable:
a.
Narrative. A narrative describing the project.
b.
Survey. A survey, prepared by a licensed surveyor registered in this state, of the boundaries of the Lot on which the Building or Addition is to be located, showing the Lot Width (as defined in Section 50-3), all easements, setbacks, and any other significant site features.
c.
Site Plan. A Site Plan, drawn to scale, showing the location of the proposed Building or proposed Addition, the Lot Width (as defined in Section 50-3), all easements, setbacks, curb cuts, driveways, and other site improvements and significant site features, including drainage information as detailed in subsection (5) of this Section. All proposed retaining walls, if any, must be indicated with the top of wall elevation and the finish grade elevation on each side of each proposed retaining wall. The Site Plan must clearly show all Significant Trees in the Front Yard and Side Yards that are intended to be preserved and any proposed Privacy Landscaping in the Rear Yard and Side Yards.
d.
Renderings. For new Buildings, renderings of all sides of the proposed Building. Rendering are not required for Rear Yard Additions that are not visible from the Street or any public way. Renderings may be required for Front Yard Additions, for Side Yard Additions, and for Rear Yard Additions that are visible from a Street or any public way. In order to make a recommendation, the Code Official will coordinate a meeting with two Building Commissioners, at which meeting the Commissioners will offer a recommendation as to whether the City should require renderings for the project. The Code Official will consider such recommendation in making a determination and instruct the applicant accordingly.
e.
Floor plans. Floor plans of each level, including Basements.
f.
Elevations. Elevation drawings of all sides of the proposed Building or proposed Addition, showing the overall maximum height of the proposed Building or Addition above the Centroid, plate heights, and the maximum height of all rear ridge elevations. The applicable No-Build Vertical Envelope should be drawn to scale.
g.
Roof Plan. A roof plan showing all existing and new roof surfaces and including roof pitches. Gutter and downspouts must be accurately shown.
h.
Other drawings. Other drawings or materials not included in the City's requirements that the applicant believes are pertinent to the project and would be helpful to the Building Commission.
i.
Property Calculation Form. A properly completed Property Calculation Form, the form of which is part of the application form, stating the property's dimensions; the Building Lot Coverage and Floor Area Ratio (FAR), as such terms are defined in Section 50-3, with calculations for each shown based on square feet; the impervious site area; proposed maximum Centroid height, and such other information required as indicated on the form. For irregular lots, the surveyor, engineer or architect for the project must provide a certified stamped letter stating the square footage of the Buildable Area, as defined in Section 50-3 or provide a signature and stamp on the Property Calculation Form.
j.
Centroid Calculation Form. A properly completed Centroid Calculation Form, the form of which is part of the application form. When approved by the Code Official, the Centroid Calculation Form will not be required and the historical finish floor elevation of the main entry level of the existing Building may be used as the Centroid for:
1.
Applications proposing demolition of an existing Building to construct a new Building in substantially the same location and at the same elevation as the existing Building; or
2.
Applications proposing construction of an Addition at the same elevation as the existing Building.
For all submissions to which the Centroid is applicable, the Centroid must be determined as set out in Section 50-3 and the Centroid Calculation Form signed and sealed by a licensed surveyor, engineer or architect.
k.
Section cuts through each primary exterior wall. A drawing depicting a detailed section cut through an exterior wall from footing to roofing, defining the proposed wall framing members; sheathing material; insulation R-values; exterior veneer materials; anchoring methods to be used to attach veneer materials to wall structure; and soffit and fascia materials.
l.
Landscape Plan and Residential Landscape Plan Landscape Point Calculation Form. A Landscape Plan for construction of new Main Buildings and Secondary Buildings as required by Division 8 of Article II of this Chapter and a properly completed Residential Landscape Plan Landscape Point Calculation Form, the form of which is part of the application form. A Landscape Plan for construction of an Addition may be required as set out in Section 50-251(2).
m.
Privacy implications. Drawings, images, and plans showing details of the project that reflect the impact of the proposed Building or Addition on the privacy of all adjacent Buildings.
n.
Proportionality implications. Street-level front elevation of the proposed Building or Addition for all Street-facing sides, drawn to scale, or scaled photographic images. Such elevations or images must show the Buildings and Yards on either side of the proposed project, drawn such that the elevation accurately depicts the proportionality and relative height of the proposed Building or Addition compared to the Buildings, if any, on all sides of the proposed Building or Addition. Where the proposed Building may negatively affect the Building behind it, additional elevations may be requested to illustrate the proportionality of the proposed Building with such Building behind it.
o.
Pictures. For Additions to Buildings, pictures of all sides of the subject Building(s). (One or two pictures of each side is sufficient.)
p.
Samples. Color and material samples of exterior surfaces, if available (unless shown on the renderings) and if applicable to the proposed work.
q.
Contractor. The name and address of the proposed general contractor for the project.
r.
Nonresidential projects. For church, office, and commercial Buildings, additional information may be required by the Building Commission.
(4)
Application attachments for façade Alterations. In addition to the attachments required by subsection (1) of this Section, for façade Alterations that require a Certificate of Approval pursuant to Section 50-673(c), the following are required (properly labeled as "Construction Documents" as required by this Section, as applicable):
a.
Narrative. A narrative describing the project.
b.
Pictures. Pictures of the affected portion of the subject Building. (One or two pictures is sufficient.)
c.
Elevation. Street-level front elevation, drawn to scale.
d.
Samples. Color and material samples, if available and if applicable to the proposed work.
e.
Drawings. Drawings, images, and plans showing details of the project.
f.
Contractor. The name and address of the proposed general contractor for the project.
g.
Drainage plans. Drainage plans as set out in subsection (5) of this Section may be required if the façade Alteration involves significant changes to the roof or gutter system. If such changes are proposed, the Code Official will coordinate a meeting with two Building Commissioners, at which meeting the Commissioners will offer a recommendation as to whether the City should require drainage plans for the project. The Code Official will consider such recommendation in making a determination and instruct the applicant accordingly.
h.
Landscape Plan. A Landscape Plan as set out in Article II, Division 8 of this Chapter if required by Section 50-251(3).
i.
Renderings. Renderings may be required for façade Alterations. In order to make a recommendation, the Code Official will coordinate a meeting with two Building Commissioners, at which meeting the Commissioners will offer a recommendation as to whether the City should require renderings for the project. The Code Official will consider such recommendation in making a determination and advise the applicant accordingly.
(5)
Drainage plans and information.
a.
For all applications, a certification from the engineer who prepared the required drainage plan that, after construction and permanent and final stabilization has taken place, the proposed construction:
1.
Does not change the point or quantity of stormwater discharge to adjacent Properties; and
2.
Does not change the stormwater drainage from sheet flow to point discharge; and
3.
Does not increase the flow of captured stormwater to exceed the capacity of existing underground drainage pipes to the Street.
b.
Additional stormwater discharge that will sheet flow across a Front Yard of a Property to the Street is encouraged and need not be included in the calculations for impervious surfaces.
c.
If such engineer cannot certify that the statements in subsections (5)a.1 through 3 of this Section are true, the applicant must show the following, as applicable:
1.
Zero increase in impervious surface area of the Rear Yard, Side Yard, and Roof Drainage Basin. If the increase in impervious surface area, as defined in subsection (5)d of this Section, from the existing Lot configuration to the proposed Lot configuration is equal to or less than zero square feet, the applicant must provide a Site Plan showing the impervious area square footage of both the current site and the proposed site, with clear dimensions such that the square footage of impervious surface area is verifiable. The Site Plan must also show grading contours and flow arrows indicating the Lot's topography and must be labeled a "Construction Document" as required by this Section.
2.
Increase in impervious surface area greater than zero square feet in the Rear Yard, Side Yard, and Roof Drainage Basin. If the increase in impervious surface area from the existing Lot configuration to the proposed Lot configuration is greater than zero square feet, the applicant must provide a site drainage plan, signed and sealed by a registered professional civil engineer, that delineates existing and proposed storm water runoff patterns. The Site Plan must also show grading contours and flow arrows indicating the Lot's topography. If the Site Plan indicates an increase in stormwater runoff onto adjacent Property, the applicant must also provide:
(i)
Site drainage calculations, signed and sealed by a registered professional civil engineer, showing the 100-Year stormwater runoff for the historical and proposed layouts in all directions that affect adjacent Properties; and
(ii)
A Site Plan indicating the proposed efforts to be taken such that, after construction and permanent and final stabilization has taken place, the calculated additional stormwater will be directed to the Street and/or storm sewer system and away from adjacent Properties. Solutions may include Yard drains and pipes attached to gutter downspouts. Any increase in point flows will not be permitted.
d.
The term "impervious surface" means a surface that is hard and impenetrable that does not allow stormwater infiltration into the underlying soil. Impervious surfaces include Streets, roofs, parking areas, driveways, swimming pools, and walkways, any one of which are made of asphalt, concrete, brick, stone, or plastics.
e.
For reference, the term "pervious surface" means a surface that allows the percolation of water into the underlying soil. Pervious surfaces include grass, mulched groundcover, planted areas, vegetated roofs, permeable paving and artificial grass or turf (subject to the Code Official's agreement by submitted data sheet). Porches and decks that are erected on pier foundations that maintain the covered Lot surface's water permeability underneath are considered pervious.
f.
If artificial grass or turf is proposed, documents must be submitted to assist the Building Commission in determining the absorptive characteristics of the proposed materials and such material must be installed pursuant to the manufacturer's instructions.
(Code 2013, § 50-372; Ord. No. 1168, § 1, 11-19-2019; Ord. No. 1177, § 3, 3-10-2020; Ord. No. 1192, § 1, 5-11-2021; Ord. No. 1196, § 2, 11-9-2021; Ord. No. 1202, § 1, 12-14-2021; Ord. No. 1204, § 1, 1-11-2022; Ord. No. 1220, § 2, 12-13-2022; Ord. No. 1222, § 3, 1-10-2023; Ord. No. 1229, § 3, 4-11-2023; Ord. No. 1234, § 1(50-372), 8-8-2023; Ord. No. 1242, § 1, 2-13-2024; Ord. No. 1243, § 1, 2-13-2024; Ord. No. 1251, § 11, 5-14-2024; Ord. No. 1262, § 2, 8-13-2024; Ord. No. 1263, § 3, 8-13-2024; Ord. No. 1283, § 1, 5-13-2025; Ord. No. 1288, § 5, 8-12-2025)
A nonrefundable fee in the amount established in the City Fee Schedule must be paid to the City by the owners with submission of the application for a Certificate of Approval.
(Code 2013, § 50-373; Ord. No. 1168, § 1, 11-19-2019)
The Building Commission shall hold a public hearing regarding each Certificate of Approval. The City shall arrange for notice of the hearing to be given by Publication in a newspaper of general circulation in the City and by mailing written notice not less than ten calendar days before the date of the Building Commission's hearing to the applicant and to the owners of Property within a 300-foot radius of the exterior boundary of the subject Property as their names and addresses appear in the report provided by the applicant pursuant to Section 50-736. The notice of the public hearings must contain the Street address of the Property on which the Building to be moved, demolished or constructed is located or approximate location in the City; and the date, time, and location of the hearing. In addition, a copy of the notice of hearing must be posted on the subject Property not less than ten days prior to the hearing.
(Code 2013, § 50-374; Ord. No. 1168, § 1, 11-19-2019; Ord. No. 1177, § 4, 3-10-2020)
Continuances to applications for Certificates of Approval under review will not be granted where no forward progress has been demonstrated for a period of six continuous months. In that event, the application will be deemed withdrawn and resubmittal of the application for a Certificate of Approval shall be required.
(Code 2013, § 50-375; Ord. No. 1168, § 1, 11-19-2019)
Appeals from the action of the Building Commission regarding Certificates of Approval may be taken to the Board of Adjustment in the same manner as appeals are taken as provided for in this Chapter. Certificates of Approval granted by the Building Commission will not become effective until the expiration of the three-day appeal period.
(Code 2013, § 50-376; Ord. No. 1168, § 1, 11-19-2019)
(a)
Expiration. Certificates of Approval issued pursuant to this Article expire two Years from the date of issuance.
(b)
Extension. For construction of Buildings subject to this Article, if construction has commenced, the Building Commission, the City Manager or the Manager's Designee may grant one two-Year extension prior to the expiration date of the Certificate of Approval. Thereafter, the City Manager or the Manager's Designee may grant one subsequent two-Year extension where the circumstances related to the Owner warrant such an extension, such as an extraordinary illness causing extreme disability anticipated to likely result in death or complete disability or an emergency declared by the City. Extensions shall not be granted if there are any Additions, revisions or deletions of any element of the project.
(Code 2013, § 50-377; Ord. No. 1168, § 1, 11-19-2019; Ord. No. 1281, § 1, 4-8-2025)
(a)
Minor revisions to construction; administrative approval allowed. Minor revisions to construction for which the Building Commission has issued an unexpired Certificate of Approval do not require a new Certificate of Approval but must be approved by an amendment to the original Certificate of Approval issued by the City Manager or the Manager's Designee. Minor revisions are revisions to the construction that:
(1)
Modify no more than five percent of the project from the original Certificate of Approval;
(2)
Are consistent with any conditions associated with the original Certificate of Approval;
(3)
Do not significantly alter the construction previously approved; and
(4)
Are in conformance with this Code and the intent of the City Building Commission Building demolition, design, and construction guidelines.
(b)
Minor revisions to conditions associated with the original Certificate of Approval. Minor revisions to conditions imposed on an unexpired Certificate of Approval do not require a new Certificate of Approval but must be approved by an amendment to the original Certificate of Approval issued by the Building Commission. Minor revisions to conditions on Certificates of Approval are revisions that are materially consistent with the intent of the condition originally imposed.
(Code 2013, § 50-378; Ord. No. 1177, § 5, 3-10-2020; Ord. No. 1203, § 2, 12-14-2021)
Certificates of Approval issued pursuant to this Article run with the land and will transfer to successive Property owners, provided that the Certificate of Approval has not expired. The transferring Property Owner must provide notice of the transfer to the City Clerk within ten Business days following consummation of the transfer. Successive Property owners are subject to all provisions of this Article as to the Building moving, demolition or construction approved by the Certificate of Approval. The transferred Certificate of Approval will have the same expiration date as existed prior to the transfer.
(Ord. No. 1189, § 1(50-379), 1-12-2021)
The Building moving, demolition, and construction requirements and guidelines in this Division are in addition to other requirements of this Code. As set out in Section 50-500, after the Certificate of Approval is issued, the applicant may proceed with an application for a Building Permit and if applicable, for a Demolition Permit, as set out in Section 8-327.
(Code 2013, § 50-396; Ord. No. 1168, § 1, 11-19-2019; Ord. No. 1234, § 1(50-396), 8-8-2023)
The Building Commission may from time to time recommend and the City may from time to time adopt demolition, design, and construction guidelines which may be used by the Building Commission to aid in its Building moving, demolition, design, and construction review responsibilities and may be used by those contemplating Building moving, demolition or construction requiring a Certificate of Approval.
(Code 2013, § 50-397; Ord. No. 1168, § 1, 11-19-2019)
The City enacts and adopts by reference, as though fully set forth herein, the City Building Commission Building demolition, design, and construction guidelines as recommended by the City Building Commission. A copy of the City Building Commission Building demolition, design, and construction guidelines shall be kept in the office of the City Clerk.
(Code 2013, § 50-398; Ord. No. 1178, § 1, 3-10-2020)
- BUILDING COMMISSION
(a)
Certificates of Approval required before other permits. Certificates of Approval issued by the Building Commission are required before application may be made for a permit to move or demolish a Building or for a Building Permit to construct a Main Building, a Secondary Building or an Addition (except Minor Additions as defined in subsection (b) of this Section). Further, the Code Official may refer applications for certain Alterations to Main Buildings or Secondary Buildings to the Building Commission for a Certificate of Approval prior to granting a Building Permit.
(b)
Minor Additions. Building Commission review is not required for Minor Additions to the first floors of Main or Secondary Buildings when such Additions are less than or equal to 15 percent of the total square footage of the existing Building, provided that such Minor Additions shall be allowed only once every ten Years. Second and successive Additions within such ten-Year period require Building Commission review.
(c)
Façade Alterations. Notwithstanding subsection (b) of this Section regarding Minor Additions, a Certificate of Approval is required if the appearance of the façade of a Building on its Street-facing side will be altered, and such façade Alterations span over 50 lineal feet of the Building or 50 percent of the façade, whichever is less. A Certificate of Approval pursuant to this subsection is not required for:
(1)
The removal and replacement of like materials to the façade; or
(2)
The application of paint to or removal of paint from the façade, including applying paint to a previously unpainted façade.
(d)
Certificates of Approval for related fence, swimming pool, Accessory Building and Accessory Structure projects; one-year waiting period for certain types of permits after Building Commission approval.
(1)
Certificates of Approval are not required to apply for Permits for fences, swimming pools, Accessory Buildings or Accessory Structures when such proposed construction is the only work for which the Permit is sought. However, the Building Commission shall review proposals for fences, swimming pools, Accessory Buildings, and Accessory Structures that are part of a proposed project that requires a Certificate of Approval. Applicants should include all aspects of their proposed project in their applications for Certificates of Approval, including any fences, swimming pools, Accessory Buildings or Accessory Structures.
(2)
After the Building Commission issues a Certificate of Approval, new applications for Permits for those types of Accessory Buildings or Accessory Structures that could negatively impact drainage or privacy or that could otherwise create issues for adjacent properties will require a new Certificate of Approval from the Building Commission. Such applications will not be heard by the Building Commission for one year from the date of issuance of the Certificate of Occupancy for the project. Such applications include those for swimming pools; cabanas and pool houses; detached garages; and Sports Courts.
(e)
Violations. It is a violation of this Chapter for any Person to move or demolish a Building or to construct a Main Building, Secondary Building, or an Addition for which a Certificate of Approval is required until a Certificate of Approval has been obtained from the Building Commission as set out in this Article.
(Code 2013, § 50-341; Ord. No. 1168, § 1, 11-19-2019; Ord. No. 1177, § 1, 3-10-2020; Ord. No. 1220, § 1, 12-13-2022; Ord. No. 1234, § 1(50-341), 8-8-2023; Ord. No. 1249, § 1(50-341), 3-12-2024)
In addition to the terms defined in Section 50-3, the following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
Architectural Resources means Buildings that possess significant local interest or significant artistic or architectural merit, that are particularly representative of their class or period, or that are particularly important to the City's history.
(Code 2013, § 50-342; Ord. No. 1168, § 1, 11-19-2019)
(a)
Repairs that do not require a Building Permit. A Certificate of Approval is not required for Repairs to existing Buildings that do not require a Building Permit.
(b)
PUDs. A Certificate of Approval is not required for Building Permits for Buildings in Planned Unit Developments.
(c)
Public improvements. A Certificate of Approval is not required for construction, enhancement, demolition, maintenance or Repair of Public Improvements authorized by the City or a public trust having the City as its beneficiary.
(d)
Minor Additions. As set out in Section 50-673(b), a Certificate of Approval is not required for certain Minor Additions.
(Code 2013, § 50-343; Ord. No. 1168, § 1, 11-19-2019; Ord. No. 1234, § 1(50-343), 8-8-2023)
The City's Building moving, demolition, design, and construction review process, requirements, and guidelines are intended to:
(1)
Promote Development planning in furtherance of the general descriptions and Development Regulations established for Dwellings, churches, and commercial and office Buildings in the respective Districts within the City, as described in Article II of this Chapter.
(2)
Protect, preserve, and enhance the quality of the built environment by encouraging the highest standards in architectural and landscape design, Building materials and workmanship, and aesthetic and proportional compatibility between new and existing Buildings.
(3)
Protect, preserve, and enhance the City as a place of timeless beauty, with many Parks, open spaces, and well-kept beautiful Residential landscapes in Residential Zoning Districts.
(4)
Encourage preservation, protection, renovation, and restoration of Architectural Resources whenever reasonably possible.
(5)
Ensure that architecture and Landscaping respect the privacy of adjacent Properties.
(6)
Ensure that consideration is given to the proportionality of proposed Buildings in relation to Buildings on adjacent Properties.
(Code 2013, § 50-344; Ord. No. 1168, § 1, 11-19-2019)
Certificates of Approval issued on the basis of plans, applications, modifications, and requirements approved by the City authorize only the moving, demolition, design, and/or construction of Buildings set forth in such approved plans, applications, modifications, and requirements, and no other Building moving, demolition or construction. After the Building Commission issues a Certificate of Approval, any change to the approved construction requires a new Certificate of Approval except for Minor revisions to the construction which may be administratively approved and Minor revisions to conditions imposed on the Certificate of Approval which may be approved by the Building Commission, as set out in Section 50-742.
(Code 2013, § 50-345; Ord. No. 1168, § 1, 11-19-2019; Ord. No. 1177, § 2, 3-10-2020; Ord. No. 1203, § 1, 12-14-2021)
Each and every violation of this Article is hereby declared a public nuisance and may be dealt with and abated as such. Any Person maintaining such a nuisance shall be guilty of an offense, and each day upon which such nuisance continues is a separate offense.
(Code 2013, § 50-346; Ord. No. 1168, § 1, 11-19-2019)
There is hereby created within and for the City a Building Commission with the powers and duties as hereinafter set forth.
(Code 2013, § 50-351; Ord. No. 1168, § 1, 11-19-2019)
(a)
The Building Commission shall consist of five Commissioners, two of whom shall be Residents of the City. Commissioners shall be appointed by the City Council. At least two Commissioners shall be registered architects, landscape architects, urban planners, historic preservation consultants, or engineers. In addition, one of the five Commissioners shall be a general Building Contractor.
(b)
In order to stagger the expiration of terms, the appointments of the initial Commissioners shall be for one, two or three Years for each position. Thereafter appointments shall be for three Years. Notwithstanding anything herein provided, the Commissioners may be removed at any time by majority vote of the City Council.
(c)
Commissioners shall serve without compensation. Commissioners shall hold no other municipal office, except that one Commissioner may be a member of the Board of Adjustment.
(d)
Commissioner position vacancies occurring other than through the expiration of the term of office shall be filled for the unexpired portion of the term.
(e)
In the event three or more of the Building Commission positions are vacant at any time, the Planning Commission will serve as the Building Commission and have all of its powers and fulfill all of its duties.
(Code 2013, § 50-352; Ord. No. 1168, § 1, 11-19-2019)
(a)
Chair. The Building Commission shall elect a chairperson and fill such other of its offices as it may determine. The term of the chairperson shall be one Year, with eligibility for reelection.
(b)
Meetings. The Building Commission shall schedule a regular monthly meeting which may be cancelled if there is no Business to be brought before it. The Building Commission shall adopt rules for the Transaction of Business and shall keep a Record of its Resolutions, Transactions, findings, and recommendations. This record shall be a public Record. Three Commissioners shall constitute a quorum for the Transaction of Business. A majority vote of those members present may take action on behalf of the Building Commission.
(Code 2013, § 50-353; Ord. No. 1168, § 1, 11-19-2019)
The Building Commission shall have the following powers and duties:
(1)
Issue or refuse to issue Certificates of Approval for the moving, demolition, and construction of Main Buildings or Secondary Buildings or Additions to Main Buildings or Secondary Buildings on Property located within all Zoning Districts.
(2)
Comment upon and provide recommendations on Building moving, demolition, design, and construction review regulations, when asked to do so by such other bodies.
(Code 2013, § 50-354; Ord. No. 1168, § 1, 11-19-2019)
The Building Commission shall review all applications for Certificates of Approval which, if issued, allows the applicant to proceed with the Building Permit process and, where applicable, the Demolition Permit process.
(Code 2013, § 50-371; Ord. No. 1168, § 1, 11-19-2019; Ord. No. 1234, § 1(50-371), 8-8-2023)
Applications for Certificates of Approval shall be filed with the City on forms provided by the City Clerk. Two originals and a digital version of the application and all required documents must be submitted. Applications must be certified by the owners of the Property. All plan sheets (Site Plans, Drainage Plans, Landscaping Plans, Floor Plans, Elevation Plans, Roof Plans, Detail Plans, and Section Cut Plans) and renderings required by this Section must be: (1) of sufficient notation, dimensions, and detail to indicate the extent of the proposed work and that the work will conform to the provisions of all applicable codes adopted by the City and City ordinances as a map for construction (the "Construction Document Requirement"); and (2) labeled "Construction Document" in the Title Block on each plan sheet submitted, which labeling will indicate that the applicant believes that the submissions meet the Construction Document Requirement.
The following attachments (the details for which are stated in the application form), and all other information required by the application form, must accompany the application.
(1)
Application attachments required for all applications. In addition to the information required for the specific type of application stated in subsections (2) through (4) of this Section, each application must include the following:
a.
Drainage plans and information. Drainage plans and drainage information as described in subsection (5) of this Section.
b.
Ownership radius report. For all applications, a report certified by the County Assessor or certified by a bonded abstractor stating the names, addresses, and contact information for the owners of Property within a 300-foot radius of the exterior boundary of the Building proposed to be moved, demolished or constructed, such radius to be extended by increments of 100 linear feet until the list of Property owners includes not less than ten individual Property owners of separate parcels.
c.
Plat and/or covenant review. For all applications, an attestation, as set out in the application form, that the applicant has reviewed all applicable plat restrictions and restrictive covenants filed of Record with the County Clerk and that to the best of applicant's knowledge, the proposed project is or is not consistent with any such plat restrictions or restrictive covenants, as the case may be.
(2)
Application attachments for moving or demolishing Buildings. In addition to the attachments required by subsection (1) of this Section, for moving or demolishing Buildings, the following are required:
a.
Narrative. A narrative explaining the desire for the proposed moving or demolition of the Building.
b.
Pictures. Pictures of the subject Building. (Not more than two pictures are required.)
c.
Additional information for Dwellings. If the Building is a Dwelling:
1.
Evidence of the ownership and management of the owners if the owners (or any of them) is not an individuals.
2.
Evidence of the intended owners and Occupants of the replacement Dwelling.
3.
Evidence of the ability of the intended owners of the replacement Dwelling to be able to finance its construction.
d.
Construction information. All documents and information required for construction of the proposed replacement Building, as described in subsection (3) of this Section, properly labeled as "Construction Documents" as required by this Section, as applicable. If a replacement Building is not required by this Code, a description of the intended use of the Property after the Building is moved or demolished is required.
(3)
Application attachments for construction of Main Buildings, Secondary Buildings, and Additions. In addition to the attachments required by subsection (1) of this Section, for construction of a new Main Building or Secondary Building, or construction of an Addition, the following are required, properly labeled as "Construction Documents" as required by this Section, as applicable:
a.
Narrative. A narrative describing the project.
b.
Survey. A survey, prepared by a licensed surveyor registered in this state, of the boundaries of the Lot on which the Building or Addition is to be located, showing the Lot Width (as defined in Section 50-3), all easements, setbacks, and any other significant site features.
c.
Site Plan. A Site Plan, drawn to scale, showing the location of the proposed Building or proposed Addition, the Lot Width (as defined in Section 50-3), all easements, setbacks, curb cuts, driveways, and other site improvements and significant site features, including drainage information as detailed in subsection (5) of this Section. All proposed retaining walls, if any, must be indicated with the top of wall elevation and the finish grade elevation on each side of each proposed retaining wall. The Site Plan must clearly show all Significant Trees in the Front Yard and Side Yards that are intended to be preserved and any proposed Privacy Landscaping in the Rear Yard and Side Yards.
d.
Renderings. For new Buildings, renderings of all sides of the proposed Building. Rendering are not required for Rear Yard Additions that are not visible from the Street or any public way. Renderings may be required for Front Yard Additions, for Side Yard Additions, and for Rear Yard Additions that are visible from a Street or any public way. In order to make a recommendation, the Code Official will coordinate a meeting with two Building Commissioners, at which meeting the Commissioners will offer a recommendation as to whether the City should require renderings for the project. The Code Official will consider such recommendation in making a determination and instruct the applicant accordingly.
e.
Floor plans. Floor plans of each level, including Basements.
f.
Elevations. Elevation drawings of all sides of the proposed Building or proposed Addition, showing the overall maximum height of the proposed Building or Addition above the Centroid, plate heights, and the maximum height of all rear ridge elevations. The applicable No-Build Vertical Envelope should be drawn to scale.
g.
Roof Plan. A roof plan showing all existing and new roof surfaces and including roof pitches. Gutter and downspouts must be accurately shown.
h.
Other drawings. Other drawings or materials not included in the City's requirements that the applicant believes are pertinent to the project and would be helpful to the Building Commission.
i.
Property Calculation Form. A properly completed Property Calculation Form, the form of which is part of the application form, stating the property's dimensions; the Building Lot Coverage and Floor Area Ratio (FAR), as such terms are defined in Section 50-3, with calculations for each shown based on square feet; the impervious site area; proposed maximum Centroid height, and such other information required as indicated on the form. For irregular lots, the surveyor, engineer or architect for the project must provide a certified stamped letter stating the square footage of the Buildable Area, as defined in Section 50-3 or provide a signature and stamp on the Property Calculation Form.
j.
Centroid Calculation Form. A properly completed Centroid Calculation Form, the form of which is part of the application form. When approved by the Code Official, the Centroid Calculation Form will not be required and the historical finish floor elevation of the main entry level of the existing Building may be used as the Centroid for:
1.
Applications proposing demolition of an existing Building to construct a new Building in substantially the same location and at the same elevation as the existing Building; or
2.
Applications proposing construction of an Addition at the same elevation as the existing Building.
For all submissions to which the Centroid is applicable, the Centroid must be determined as set out in Section 50-3 and the Centroid Calculation Form signed and sealed by a licensed surveyor, engineer or architect.
k.
Section cuts through each primary exterior wall. A drawing depicting a detailed section cut through an exterior wall from footing to roofing, defining the proposed wall framing members; sheathing material; insulation R-values; exterior veneer materials; anchoring methods to be used to attach veneer materials to wall structure; and soffit and fascia materials.
l.
Landscape Plan and Residential Landscape Plan Landscape Point Calculation Form. A Landscape Plan for construction of new Main Buildings and Secondary Buildings as required by Division 8 of Article II of this Chapter and a properly completed Residential Landscape Plan Landscape Point Calculation Form, the form of which is part of the application form. A Landscape Plan for construction of an Addition may be required as set out in Section 50-251(2).
m.
Privacy implications. Drawings, images, and plans showing details of the project that reflect the impact of the proposed Building or Addition on the privacy of all adjacent Buildings.
n.
Proportionality implications. Street-level front elevation of the proposed Building or Addition for all Street-facing sides, drawn to scale, or scaled photographic images. Such elevations or images must show the Buildings and Yards on either side of the proposed project, drawn such that the elevation accurately depicts the proportionality and relative height of the proposed Building or Addition compared to the Buildings, if any, on all sides of the proposed Building or Addition. Where the proposed Building may negatively affect the Building behind it, additional elevations may be requested to illustrate the proportionality of the proposed Building with such Building behind it.
o.
Pictures. For Additions to Buildings, pictures of all sides of the subject Building(s). (One or two pictures of each side is sufficient.)
p.
Samples. Color and material samples of exterior surfaces, if available (unless shown on the renderings) and if applicable to the proposed work.
q.
Contractor. The name and address of the proposed general contractor for the project.
r.
Nonresidential projects. For church, office, and commercial Buildings, additional information may be required by the Building Commission.
(4)
Application attachments for façade Alterations. In addition to the attachments required by subsection (1) of this Section, for façade Alterations that require a Certificate of Approval pursuant to Section 50-673(c), the following are required (properly labeled as "Construction Documents" as required by this Section, as applicable):
a.
Narrative. A narrative describing the project.
b.
Pictures. Pictures of the affected portion of the subject Building. (One or two pictures is sufficient.)
c.
Elevation. Street-level front elevation, drawn to scale.
d.
Samples. Color and material samples, if available and if applicable to the proposed work.
e.
Drawings. Drawings, images, and plans showing details of the project.
f.
Contractor. The name and address of the proposed general contractor for the project.
g.
Drainage plans. Drainage plans as set out in subsection (5) of this Section may be required if the façade Alteration involves significant changes to the roof or gutter system. If such changes are proposed, the Code Official will coordinate a meeting with two Building Commissioners, at which meeting the Commissioners will offer a recommendation as to whether the City should require drainage plans for the project. The Code Official will consider such recommendation in making a determination and instruct the applicant accordingly.
h.
Landscape Plan. A Landscape Plan as set out in Article II, Division 8 of this Chapter if required by Section 50-251(3).
i.
Renderings. Renderings may be required for façade Alterations. In order to make a recommendation, the Code Official will coordinate a meeting with two Building Commissioners, at which meeting the Commissioners will offer a recommendation as to whether the City should require renderings for the project. The Code Official will consider such recommendation in making a determination and advise the applicant accordingly.
(5)
Drainage plans and information.
a.
For all applications, a certification from the engineer who prepared the required drainage plan that, after construction and permanent and final stabilization has taken place, the proposed construction:
1.
Does not change the point or quantity of stormwater discharge to adjacent Properties; and
2.
Does not change the stormwater drainage from sheet flow to point discharge; and
3.
Does not increase the flow of captured stormwater to exceed the capacity of existing underground drainage pipes to the Street.
b.
Additional stormwater discharge that will sheet flow across a Front Yard of a Property to the Street is encouraged and need not be included in the calculations for impervious surfaces.
c.
If such engineer cannot certify that the statements in subsections (5)a.1 through 3 of this Section are true, the applicant must show the following, as applicable:
1.
Zero increase in impervious surface area of the Rear Yard, Side Yard, and Roof Drainage Basin. If the increase in impervious surface area, as defined in subsection (5)d of this Section, from the existing Lot configuration to the proposed Lot configuration is equal to or less than zero square feet, the applicant must provide a Site Plan showing the impervious area square footage of both the current site and the proposed site, with clear dimensions such that the square footage of impervious surface area is verifiable. The Site Plan must also show grading contours and flow arrows indicating the Lot's topography and must be labeled a "Construction Document" as required by this Section.
2.
Increase in impervious surface area greater than zero square feet in the Rear Yard, Side Yard, and Roof Drainage Basin. If the increase in impervious surface area from the existing Lot configuration to the proposed Lot configuration is greater than zero square feet, the applicant must provide a site drainage plan, signed and sealed by a registered professional civil engineer, that delineates existing and proposed storm water runoff patterns. The Site Plan must also show grading contours and flow arrows indicating the Lot's topography. If the Site Plan indicates an increase in stormwater runoff onto adjacent Property, the applicant must also provide:
(i)
Site drainage calculations, signed and sealed by a registered professional civil engineer, showing the 100-Year stormwater runoff for the historical and proposed layouts in all directions that affect adjacent Properties; and
(ii)
A Site Plan indicating the proposed efforts to be taken such that, after construction and permanent and final stabilization has taken place, the calculated additional stormwater will be directed to the Street and/or storm sewer system and away from adjacent Properties. Solutions may include Yard drains and pipes attached to gutter downspouts. Any increase in point flows will not be permitted.
d.
The term "impervious surface" means a surface that is hard and impenetrable that does not allow stormwater infiltration into the underlying soil. Impervious surfaces include Streets, roofs, parking areas, driveways, swimming pools, and walkways, any one of which are made of asphalt, concrete, brick, stone, or plastics.
e.
For reference, the term "pervious surface" means a surface that allows the percolation of water into the underlying soil. Pervious surfaces include grass, mulched groundcover, planted areas, vegetated roofs, permeable paving and artificial grass or turf (subject to the Code Official's agreement by submitted data sheet). Porches and decks that are erected on pier foundations that maintain the covered Lot surface's water permeability underneath are considered pervious.
f.
If artificial grass or turf is proposed, documents must be submitted to assist the Building Commission in determining the absorptive characteristics of the proposed materials and such material must be installed pursuant to the manufacturer's instructions.
(Code 2013, § 50-372; Ord. No. 1168, § 1, 11-19-2019; Ord. No. 1177, § 3, 3-10-2020; Ord. No. 1192, § 1, 5-11-2021; Ord. No. 1196, § 2, 11-9-2021; Ord. No. 1202, § 1, 12-14-2021; Ord. No. 1204, § 1, 1-11-2022; Ord. No. 1220, § 2, 12-13-2022; Ord. No. 1222, § 3, 1-10-2023; Ord. No. 1229, § 3, 4-11-2023; Ord. No. 1234, § 1(50-372), 8-8-2023; Ord. No. 1242, § 1, 2-13-2024; Ord. No. 1243, § 1, 2-13-2024; Ord. No. 1251, § 11, 5-14-2024; Ord. No. 1262, § 2, 8-13-2024; Ord. No. 1263, § 3, 8-13-2024; Ord. No. 1283, § 1, 5-13-2025; Ord. No. 1288, § 5, 8-12-2025)
A nonrefundable fee in the amount established in the City Fee Schedule must be paid to the City by the owners with submission of the application for a Certificate of Approval.
(Code 2013, § 50-373; Ord. No. 1168, § 1, 11-19-2019)
The Building Commission shall hold a public hearing regarding each Certificate of Approval. The City shall arrange for notice of the hearing to be given by Publication in a newspaper of general circulation in the City and by mailing written notice not less than ten calendar days before the date of the Building Commission's hearing to the applicant and to the owners of Property within a 300-foot radius of the exterior boundary of the subject Property as their names and addresses appear in the report provided by the applicant pursuant to Section 50-736. The notice of the public hearings must contain the Street address of the Property on which the Building to be moved, demolished or constructed is located or approximate location in the City; and the date, time, and location of the hearing. In addition, a copy of the notice of hearing must be posted on the subject Property not less than ten days prior to the hearing.
(Code 2013, § 50-374; Ord. No. 1168, § 1, 11-19-2019; Ord. No. 1177, § 4, 3-10-2020)
Continuances to applications for Certificates of Approval under review will not be granted where no forward progress has been demonstrated for a period of six continuous months. In that event, the application will be deemed withdrawn and resubmittal of the application for a Certificate of Approval shall be required.
(Code 2013, § 50-375; Ord. No. 1168, § 1, 11-19-2019)
Appeals from the action of the Building Commission regarding Certificates of Approval may be taken to the Board of Adjustment in the same manner as appeals are taken as provided for in this Chapter. Certificates of Approval granted by the Building Commission will not become effective until the expiration of the three-day appeal period.
(Code 2013, § 50-376; Ord. No. 1168, § 1, 11-19-2019)
(a)
Expiration. Certificates of Approval issued pursuant to this Article expire two Years from the date of issuance.
(b)
Extension. For construction of Buildings subject to this Article, if construction has commenced, the Building Commission, the City Manager or the Manager's Designee may grant one two-Year extension prior to the expiration date of the Certificate of Approval. Thereafter, the City Manager or the Manager's Designee may grant one subsequent two-Year extension where the circumstances related to the Owner warrant such an extension, such as an extraordinary illness causing extreme disability anticipated to likely result in death or complete disability or an emergency declared by the City. Extensions shall not be granted if there are any Additions, revisions or deletions of any element of the project.
(Code 2013, § 50-377; Ord. No. 1168, § 1, 11-19-2019; Ord. No. 1281, § 1, 4-8-2025)
(a)
Minor revisions to construction; administrative approval allowed. Minor revisions to construction for which the Building Commission has issued an unexpired Certificate of Approval do not require a new Certificate of Approval but must be approved by an amendment to the original Certificate of Approval issued by the City Manager or the Manager's Designee. Minor revisions are revisions to the construction that:
(1)
Modify no more than five percent of the project from the original Certificate of Approval;
(2)
Are consistent with any conditions associated with the original Certificate of Approval;
(3)
Do not significantly alter the construction previously approved; and
(4)
Are in conformance with this Code and the intent of the City Building Commission Building demolition, design, and construction guidelines.
(b)
Minor revisions to conditions associated with the original Certificate of Approval. Minor revisions to conditions imposed on an unexpired Certificate of Approval do not require a new Certificate of Approval but must be approved by an amendment to the original Certificate of Approval issued by the Building Commission. Minor revisions to conditions on Certificates of Approval are revisions that are materially consistent with the intent of the condition originally imposed.
(Code 2013, § 50-378; Ord. No. 1177, § 5, 3-10-2020; Ord. No. 1203, § 2, 12-14-2021)
Certificates of Approval issued pursuant to this Article run with the land and will transfer to successive Property owners, provided that the Certificate of Approval has not expired. The transferring Property Owner must provide notice of the transfer to the City Clerk within ten Business days following consummation of the transfer. Successive Property owners are subject to all provisions of this Article as to the Building moving, demolition or construction approved by the Certificate of Approval. The transferred Certificate of Approval will have the same expiration date as existed prior to the transfer.
(Ord. No. 1189, § 1(50-379), 1-12-2021)
The Building moving, demolition, and construction requirements and guidelines in this Division are in addition to other requirements of this Code. As set out in Section 50-500, after the Certificate of Approval is issued, the applicant may proceed with an application for a Building Permit and if applicable, for a Demolition Permit, as set out in Section 8-327.
(Code 2013, § 50-396; Ord. No. 1168, § 1, 11-19-2019; Ord. No. 1234, § 1(50-396), 8-8-2023)
The Building Commission may from time to time recommend and the City may from time to time adopt demolition, design, and construction guidelines which may be used by the Building Commission to aid in its Building moving, demolition, design, and construction review responsibilities and may be used by those contemplating Building moving, demolition or construction requiring a Certificate of Approval.
(Code 2013, § 50-397; Ord. No. 1168, § 1, 11-19-2019)
The City enacts and adopts by reference, as though fully set forth herein, the City Building Commission Building demolition, design, and construction guidelines as recommended by the City Building Commission. A copy of the City Building Commission Building demolition, design, and construction guidelines shall be kept in the office of the City Clerk.
(Code 2013, § 50-398; Ord. No. 1178, § 1, 3-10-2020)