HomeMy WebLinkAboutZTA201200009 Legacy Document 2012-12-19 (25)ATTACHMENT E
30.6.4 CERTIFICATES OF APPROPRIATENESS
The architectural review board is authorized to issue certificates of appropriateness for any structure,
and associated improvements, or any portion thereof, that are visible from the EC street to which the
parcel is contiguous, as follows:
a. Development requiring a certificate of appropriateness. The following developments require a
certificate of appropriateness:
Building permits required. Each structure and/or site improvement for which a building
permit is required, even though it is not a development for which a site plan is required,
unless the structure and/or site improvement is exempt under section 30.6.5. No building
permit shall be approved until the certificate of appropriateness is obtained.
Site plans required. Each structure and/or site improvement for which a building permit is
required in a development for which a site plan is required, unless the improvement is exempt
under section 30.6.5. No site plan shall be approved until the certificate of appropriateness is
obtained.
b. Types of certificates of appropriateness. The architectural review board is authorized to issue the
following types of certificates of appropriateness:
Specific developments. For specific developments associated with one or more building
permits or a single site plan.
2. Signs in a new multi - business complex or shopping center. For all of the signs in a new
multi- business complex or shopping center, where the architectural review board first
conducts a comprehensive sign review. Once a certificate of appropriateness for signs in a
new multi- business complex or shopping center is issued, the director of planning is
authorized to determine whether a particular sign satisfies the conditions of the certificate of
appropriateness.
County -wide certificates of appropriateness. County -wide certificates of appropriateness
may be issued for classes of structures, sites, improvements, or architectural elements, subject
to the applicable design criteria and procedures, as follows:
a. Categories of structures, sites, improvements, or architectural elements eligible for
county -wide certificates of appropriateness. The following categories of structures, sites,
improvements, or architectural elements shall be eligible for county -wide certificates of
appropriateness:
1. Structures located seven hundred fifty (750) feet or more from an EC street that are
not more than five (5) stories tall.
2. Structures that are proposed to be located behind another structure that fronts an EC
street as viewed from the EC street, where the rear structure is no more than twice
the height of the front structure.
3. Personal wireless service facilities.
4. Signs, except for wall signs whose height exceeds thirty (30) feet.
5. Safety fencing and screening fencing.
6. New or replacement rooftop- mounted or ground- mounted equipment.
7. Additions to structures or improvements for which a certificate of appropriateness
was issued, where the design of the addition to the structure or improvement is
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consistent with the architectural design approved with the certificate of
appropriateness.
8. New structure or site lighting or changes to existing structure or site lighting.
9. Minor amendments to site plans and architectural plans.
10. Building permits for which the proposed change occupies fifty (50) percent or less of
the altered elevation of an existing structure.
11. Permits classified in sections 5 -202, 5 -203, 5 -204 and 5- 208(A) not otherwise
exempt under section 30.6.5(k).
b. Design criteria. The board may establish appropriate architectural or design features
under the design guidelines that a structure, site, improvement or architectural element
must be found to be consistent with in order to be eligible to be subject to a county -wide
certificate of appropriateness. The architectural or design features may include, but are
not limited to: (i) building and structure height; (ii) building and structure size; (iii) scale
or mass; (iv) appropriate roof forms; (v) appropriate building materials and/or colors; (vi)
minimum planting requirements; (vii) minimum screening requirements; (viii) building,
structure and/or site improvement locations; and (ix) the structural and design details of
signs.
c. Determination of compliance by director of planning. Once a county -wide certificate of
appropriateness is issued, the director of planning is authorized to determine whether a
particular structure, site, improvement or architectural element satisfies the specific
design criteria of the county -wide certificate of appropriateness. The director or a
member of the architectural review board may request at an upcoming meeting that the
architectural review board, instead of the director, determine whether a particular
structure, site, improvement or architectural element satisfies the specific design criteria
of the county -wide certificate of appropriateness.
d. Action and appeal. Any person requesting a determination whether a proposed structure,
site, improvement or architectural element satisfies the specific design criteria of a
county -wide certificate of appropriateness shall submit a request to the director of
planning providing the information required by the director. The procedure for submittal
and action under section 30.6.6(b), (c), (d) and (f) shall apply.
By the director. If the director determines that the proposed structure, site,
improvement or architectural element does not satisfy the specific design criteria of
the county -wide certificate of appropriateness, the director shall send notice to the
person requesting the determination of his decision. The person requesting the
determination may either: (1) appeal the director's decision to the architectural
review board by filing an appeal with the director within ten (10) days after the date
of the director's notice of decision; or (2) file an application and proceed under
sections 30.6.6 and 30.6.7.
By the board. If the board determines in its own review or on an appeal of the
director's decision that the proposed structure, site, improvement or architectural
element does not satisfy the specific design criteria of the county -wide certificate of
appropriateness, the board shall send notice to the person requesting the
determination of its decision. The person requesting the determination may either:
(1) appeal the board's decision to the board of supervisors under the procedure in
section 30.6.8(b), (c) and (d); or (2) file an application and proceed under sections
30.6.6 and 30.6.7.
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c. Authority to assure consistency with applicable design guidelines. In determining whether a
structure or associated improvements are consistent with the applicable design guidelines, the
architectural review board may specify the following, which are in addition to the requirements of
the underlying zoning district or of section 32, provided that the board may not authorize any
maximum standard to be exceeded, or any minimum standard to not be met:
1. Architectural features. The appearance of any architectural feature including, but not limited
to, its form and style, color, texture and materials.
2. Size and arrangement of structures. The configuration, orientation and other limitations as to
the mass, shape, area, bulk, height and location of structures. In considering the arrangement
and location of structures, the architectural review board may require that the existing
vegetation and natural features be used to screen structures and associated improvements
from one or more EC streets to which the parcel is contiguous as provided in section
30.6.2(b).
Location and configuration of parking areas and landscaping. The location and
configuration of parking areas and landscaping and buffering requirements.
4. Landscaping measures. In addition to the requirements of section 32.7.9, landscaping
measures determined to be appropriate to assure that the structures and associated
improvements are consistent with the applicable design guidelines.
5. Preservation of existing vegetation and natural features. The preservation of existing trees,
wooded areas and natural features.
6. Appearance of signs. In addition to the applicable requirements of section 4.15, the
appropriate style, size, colors, materials, illumination and location of all proposed signs, and
any other applicable design guidelines. Each application for a certificate of appropriateness
for one or more signs shall be accompanied by a site plan or sketch plan that shows the
location of all signs proposed to be erected on the lot or lots subject to the site plan or sketch
plan.
7. Fencing. The location, type and color of all fencing, including safety fencing.
d. Authority to impose conditions to assure development is consistent with the applicable design
guidelines. The architectural review board is authorized to impose reasonable conditions in
conjunction with any approved certificate of appropriateness to assure that the development is
consistent with the applicable design guidelines. The architectural review board also is authorized
to approve plans showing, or identifying in a certificate of appropriateness, existing trees, wooded
areas and natural areas to be preserved, the limits of grading or other land disturbing activity
including trenching and tunneling, in order to, among other things, protect existing features, and
grade changes requiring tree wells or tree walls.
e. Authority of zoning administrator to determine compliance with certificate of appropriateness.
The zoning administrator is authorized to determine whether a development, including a sign,
satisfies the terms and conditions of the certificate of appropriateness.
f. Effect of certificate of appropriateness. Each structure or associated improvement for which a
certificate of appropriateness was issued shall be established and maintained in accordance with
the terms, conditions and requirements of the certificate. Each site plan and building permit shall
demonstrate that the structures and associated site improvements will satisfy the terms, conditions
and requirements of the certificate.
(§ 30.6.4, 10 -3 -90; § 30.6.4.1, 10 -3 -90; 5- 18 -94; § 30.6.4.2, 10 -3 -90; §30.6.5(formerly § 30.6.3.2, 7 -8 -92; Ord.
01- 18(3), 5- 9 -01); § 30.6.4, Ord. 10-18(5),5-12-10; Ord. 12- 18(2), 3- 14 -12)
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