ARCHITECTURAL PERMITS1
Editor's note— Ord. No. 1130-368, § 5, adopted January 9, 2017, repealed art. 45, §§ 45.1—45.9; and enacted a new art. 45, to read as set out herein. Former art. 45, pertained to similar subject matter, and was derived from Ord. No. 1130-363, § 7, adopted June 22, 2015; Ord. No. 1130-366, § 4, adopted December 7, 2015 and Ord. No. 1130-367, § 5, adopted June 13, 2016.
An Architectural Permit provides a process to:
A.
Provide for the orderly and harmonious appearance of structure and related site improvements; and
B.
Ensure the design quality of developments; and
C.
Enhance and protect existing neighborhoods; and
D.
Create a strong and positive image of the City.
(Ord. No. 1130-368, § 5, 1-9-17)
The following projects require an Architectural Permit:
A.
Nonresidential Uses. Nonresidential uses that include new construction, additions, changes to the building exterior or other site modifications.
B.
Residential Uses. Residential uses that include development as described below, except for SB9 Projects, as described in Article 5.10, which are not subject to an Architectural Permit:
1.
Upper-Story. Residential uses that include new construction, additions, or exterior modifications above the ground floor. The following are exempt:
a.
Additions above the ground floor that are one hundred (100) square feet or less, including enclosures of existing balconies, decks, or staircases that meet development standards;
b.
Uncovered balconies, decks, and staircases;
c.
Window changes including new windows; and
d.
Features as described in Article 32.3 E (Architectural Features).
2.
Sloping Lots. Single-family and duplex residential uses that include new construction, additions, or exterior modifications on at least one (1) story when the lot has a slope of fifteen percent (15%) or greater and the total gross floor area is three thousand (3,000) square feet or more. If the lot slope is thirty percent (30%) or greater, an Architectural Permit is required for changes of any size.
(Ord. No. 1130-368, § 5, 1-9-17; Ord. No. 1130-378, § 3(Exh. A), 8-26-19; Ord. No. 1130-385, § 3(Exh. A), 9-13-21; Ord. No. 1130-386, § 4(Exh. A), 7-24-23; Ord. No. 1130-890, § 4(Exh. A), 8-26-24)
Architectural Permits shall be decided by the Zoning Administrator without a public hearing, except as described below or otherwise required in Section 41.4 (Review Authorities for All Permits).
A.
Residential additions or new construction on sloping lots that result in a total gross floor area of three thousand (3,000) square feet or more (See Section 5.8 Additional Regulations for Sloping Lots) require a Zoning Administrator Public Hearing.
B.
Any addition to or new construction of a residence on a lot with an average slope of thirty percent (30%) or more (See Section 5.8 Additional Regulations for Sloping Lots) requires a Zoning Administrator Public Hearing.
(Ord. No. 1130-368, § 5, 1-9-17)
Decisions regarding an Architectural Permit shall be based upon the following findings in this section. An Architectural Permit for residential construction on lots of fifteen percent (15%) average slope or more is also subject to the findings in Section 45.5 (Additional Findings for Sloping Lots).
A.
The existence of sufficient variety in the design of the structure and grounds to avoid monotony in the external appearance;
B.
The size and design of the structure shall be considered for the purpose of determining that the structure is in proportion to its building site and that it has a balance and unity among its external features so as to present a harmonious appearance;
C.
The extent to which the structure conforms to the general character of other structures in the vicinity insofar as the character can be ascertained and is found to be architecturally desirable;
D.
The extent to which excessive ornamentation is to be used and the extent to which temporary and second-hand materials, or materials which are imitative of other materials, are to be used;
E.
The extent to which natural features, including trees, shrubs, creeks, and rocks, and the natural grade of the site are to be retained;
F.
The accessibility of off-street parking areas and the relation of parking areas with respect to traffic on adjacent streets;
G.
The reservation of landscaping areas for the purposes of separating or screening service and storage areas from the street and adjoining building sites, breaking up large expanses of paved areas, separating or screening parking lots from the street and adjoining building sites, and separating building areas from paved areas to provide access from buildings to open space areas;
H.
In the case of any commercial or industrial structure, the review authority shall consider its proximity to any R District and shall consider the effect of the proposed structure upon the character and value of the adjacent R District area;
I.
The provision of permeable areas and drainage design appropriate to capture and treat stormwater runoff prior to its discharge from the site including, but not limited to, the use of vegetated swales, landscape features, permeable pavement materials, infiltration basins or engineered designs.
(Ord. No. 1130-368, § 5, 1-9-17)
In addition to the Architectural Permit findings in Section 45.4 (Findings), the following findings shall also be made for Architectural Permits on lots of fifteen percent (15%) average slope or more. The project:
A.
Includes appropriate design considerations and specific construction techniques to ensure structural integrity, fire safety, site stability and sedimentation and erosion control; and
B.
Respects the existing natural constraints of the site, avoids excessive grading and minimizes abrupt changes in grade; and
C.
Minimizes expansive exterior walls, upper story building massing and appearance of underfloors with a well-articulated architectural design; and
D.
Preserves trees and existing vegetation as to the extent practical and preserves and protects the areas near creeks.
(Ord. No. 1130-368, § 5, 1-9-17)
Procedures for application review, decisions, appeals, permit duration and expiration and other requirements are located in Article 41 (Common Procedures).
(Ord. No. 1130-368, § 5, 1-9-17; Ord. No. 1130-386, § 4(Exh. A), 7-24-23)
ARCHITECTURAL PERMITS1
Editor's note— Ord. No. 1130-368, § 5, adopted January 9, 2017, repealed art. 45, §§ 45.1—45.9; and enacted a new art. 45, to read as set out herein. Former art. 45, pertained to similar subject matter, and was derived from Ord. No. 1130-363, § 7, adopted June 22, 2015; Ord. No. 1130-366, § 4, adopted December 7, 2015 and Ord. No. 1130-367, § 5, adopted June 13, 2016.
An Architectural Permit provides a process to:
A.
Provide for the orderly and harmonious appearance of structure and related site improvements; and
B.
Ensure the design quality of developments; and
C.
Enhance and protect existing neighborhoods; and
D.
Create a strong and positive image of the City.
(Ord. No. 1130-368, § 5, 1-9-17)
The following projects require an Architectural Permit:
A.
Nonresidential Uses. Nonresidential uses that include new construction, additions, changes to the building exterior or other site modifications.
B.
Residential Uses. Residential uses that include development as described below, except for SB9 Projects, as described in Article 5.10, which are not subject to an Architectural Permit:
1.
Upper-Story. Residential uses that include new construction, additions, or exterior modifications above the ground floor. The following are exempt:
a.
Additions above the ground floor that are one hundred (100) square feet or less, including enclosures of existing balconies, decks, or staircases that meet development standards;
b.
Uncovered balconies, decks, and staircases;
c.
Window changes including new windows; and
d.
Features as described in Article 32.3 E (Architectural Features).
2.
Sloping Lots. Single-family and duplex residential uses that include new construction, additions, or exterior modifications on at least one (1) story when the lot has a slope of fifteen percent (15%) or greater and the total gross floor area is three thousand (3,000) square feet or more. If the lot slope is thirty percent (30%) or greater, an Architectural Permit is required for changes of any size.
(Ord. No. 1130-368, § 5, 1-9-17; Ord. No. 1130-378, § 3(Exh. A), 8-26-19; Ord. No. 1130-385, § 3(Exh. A), 9-13-21; Ord. No. 1130-386, § 4(Exh. A), 7-24-23; Ord. No. 1130-890, § 4(Exh. A), 8-26-24)
Architectural Permits shall be decided by the Zoning Administrator without a public hearing, except as described below or otherwise required in Section 41.4 (Review Authorities for All Permits).
A.
Residential additions or new construction on sloping lots that result in a total gross floor area of three thousand (3,000) square feet or more (See Section 5.8 Additional Regulations for Sloping Lots) require a Zoning Administrator Public Hearing.
B.
Any addition to or new construction of a residence on a lot with an average slope of thirty percent (30%) or more (See Section 5.8 Additional Regulations for Sloping Lots) requires a Zoning Administrator Public Hearing.
(Ord. No. 1130-368, § 5, 1-9-17)
Decisions regarding an Architectural Permit shall be based upon the following findings in this section. An Architectural Permit for residential construction on lots of fifteen percent (15%) average slope or more is also subject to the findings in Section 45.5 (Additional Findings for Sloping Lots).
A.
The existence of sufficient variety in the design of the structure and grounds to avoid monotony in the external appearance;
B.
The size and design of the structure shall be considered for the purpose of determining that the structure is in proportion to its building site and that it has a balance and unity among its external features so as to present a harmonious appearance;
C.
The extent to which the structure conforms to the general character of other structures in the vicinity insofar as the character can be ascertained and is found to be architecturally desirable;
D.
The extent to which excessive ornamentation is to be used and the extent to which temporary and second-hand materials, or materials which are imitative of other materials, are to be used;
E.
The extent to which natural features, including trees, shrubs, creeks, and rocks, and the natural grade of the site are to be retained;
F.
The accessibility of off-street parking areas and the relation of parking areas with respect to traffic on adjacent streets;
G.
The reservation of landscaping areas for the purposes of separating or screening service and storage areas from the street and adjoining building sites, breaking up large expanses of paved areas, separating or screening parking lots from the street and adjoining building sites, and separating building areas from paved areas to provide access from buildings to open space areas;
H.
In the case of any commercial or industrial structure, the review authority shall consider its proximity to any R District and shall consider the effect of the proposed structure upon the character and value of the adjacent R District area;
I.
The provision of permeable areas and drainage design appropriate to capture and treat stormwater runoff prior to its discharge from the site including, but not limited to, the use of vegetated swales, landscape features, permeable pavement materials, infiltration basins or engineered designs.
(Ord. No. 1130-368, § 5, 1-9-17)
In addition to the Architectural Permit findings in Section 45.4 (Findings), the following findings shall also be made for Architectural Permits on lots of fifteen percent (15%) average slope or more. The project:
A.
Includes appropriate design considerations and specific construction techniques to ensure structural integrity, fire safety, site stability and sedimentation and erosion control; and
B.
Respects the existing natural constraints of the site, avoids excessive grading and minimizes abrupt changes in grade; and
C.
Minimizes expansive exterior walls, upper story building massing and appearance of underfloors with a well-articulated architectural design; and
D.
Preserves trees and existing vegetation as to the extent practical and preserves and protects the areas near creeks.
(Ord. No. 1130-368, § 5, 1-9-17)
Procedures for application review, decisions, appeals, permit duration and expiration and other requirements are located in Article 41 (Common Procedures).
(Ord. No. 1130-368, § 5, 1-9-17; Ord. No. 1130-386, § 4(Exh. A), 7-24-23)