[Ord. No. 2021-1939, 3-16-2021]
There is hereby established a board in and for the City of Frontenac
which shall be known as the Architectural Review Board ("ARB").
The purpose of the ARB shall be to determine whether a proposed
new structure, or the expansion of an existing structure, will conform
to good standards of architectural appearance and design, will be
in general conformity with the style, character, aesthetics and design
of adjacent structures and the neighborhood in which the property
is located, will not be disharmonious, unsightly, grotesque or unsuitable
when compared with adjacent structures, and will be consistent with
the City's comprehensive plan and the intended pattern of development
of the City of Frontenac.
[Ord. No. 2021-1939, 3-16-2021]
The ARB shall consist of four (4) members; three (3) citizen
members, all of whom shall be appointed by the Mayor with the consent
and approval of a majority of the members of the Board of Aldermen,
and a member of the Board of Aldermen selected by the Board of Aldermen.
Two (2) alternate members may be appointed to serve in the absence
or disqualification of any citizen member(s) at a meeting.
[Ord. No. 2021-1939, 3-16-2021]
[Ord. No. 2021-1939, 3-16-2021]
A.
Citizen members of the ARB shall serve for a term of three (3) years
to expire on June 30 of the appropriate year and until a successor
is appointed and qualified. Terms shall be staggered so that the term
of one (1) regular citizen member shall expire each year. Of the original
alternate citizen members, one (1) shall be appointed for an initial
term of two (2) years and the other for a term of three (3) years.
Thereafter each alternate citizen member shall be appointed for a
term of three (3) years.
B.
If a vacancy occurs in the office of a citizen member a successor
shall be appointed by the Mayor with the consent and approval of a
majority of the members of the Board of Aldermen for the balance of
the unexpired term.
C.
The Alderman member shall serve a term of one (1) year to expire
on the earlier of expiration of the member's term of office on
the Board of Aldermen or June 30, whichever comes first.
D.
Members shall be eligible for reappointment so long as they continue
to meet the qualifications required for the office.
[Ord. No. 2021-1939, 3-16-2021]
The Mayor may, with the consent of a majority of all the members
elected to the Board of Aldermen, remove any member of the ARB at
will, and any such member may be so removed by a two-thirds (2/3)
vote of all the members elected to the Board of Aldermen, independently
of the Mayor's approval or recommendation.
[Ord. No. 2021-1939, 3-16-2021]
The members of the ARB shall annually (in July or thereafter
as may suit the members) select one (1) of their regular citizen members
to serve as Chair of the ARB. The Chair shall serve for a term of
one (1) year, expiring on June 30. The Chair shall be eligible for
reappointment to that position.
[Ord. No. 2021-1939, 3-16-2021]
A.
The ARB shall schedule regular meetings with sufficient frequency
to promptly attend to the business before the Board and at times reasonably
convenient to applicants and the public.
B.
The ARB may also meet at the call of the City Building Commissioner
should the Commissioner determine pending matters make it necessary
to do so.
C.
Two (2) members shall constitute a quorum. In the absence of the
Chair, the member next in seniority shall serve as acting Chair.
D.
No action of the ARB shall be taken except at a meeting open to the
public.
E.
The ARB shall keep minutes of its meetings showing the vote of each
member upon each question, or, if absent or failing to vote, indicating
such fact. All meeting minutes shall be approved in open session of
the ARB.
F.
The ARB shall adopt rules and regulations to govern the operation
and procedures of the ARB.
[Ord. No. 2021-1939, 3-16-2021]
A.
The ARB shall establish architectural and design guidelines for the
City which, subject to approval of the Board of Aldermen, shall be
published and made available to the public. The purposes of such guidelines
shall be to:
1.
Assist in determining whether a proposed new structure, or the
expansion of an existing structure, will conform to good standards
of architectural appearance and design, will be in general conformity
with the style, character, aesthetics and design of adjacent structures
and the neighborhood in which the property is located, will not be
disharmonious, unsightly, grotesque or unsuitable when compared with
adjacent structures and will be consistent with the City's comprehensive
plan and the intended pattern of development of the Frontenac community;
2.
Be provided as a resource for use by property owners, architects,
designers, developers, and contractors during the design process of
a proposed project to clarify the standards sought by the City; and
3.
Be used by the ARB as a basis for reviewing proposed construction
projects.
B.
From time to time, the ARB may review and propose amendments to the
guidelines for approval by the Board of Aldermen.
[Ord. No. 2021-1939, 3-16-2021]
A.
Any building or construction project for which a building permit is required by ordinances of the City, except those described in Subsections (E) and (F) of this Section, shall require review and approval by the ARB.
An application for ARB approval shall be submitted to the Building Commissioner along with the application for a building permit. The ARB application shall include five (5) complete paper sets and one (1) electronic set of the following items and materials for delivery to the ARB, except for the color and material board described in Subsection (A)(6) of this Section which shall be delivered at a meeting of the ARB:
1.
Schematic site plan with dimensioned property lines, building
setback lines, easements identified, existing and proposed area of
work, location of driveways and parking areas, topographic contours
of the existing grades and proposed finished grades at two-foot interval
minimums for a distance twenty-five (25) feet from the face of the
existing and proposed area of work with an indication of stormwater
flow direction.
2.
A landscape and tree preservation plan with proposed landscape
materials, landscape materials proposed to be removed, and identification
of any accessory structures existing or proposed.
3.
Schematic floor plans showing overall building dimensions.
4.
Schematic building elevations at a minimum scale of one-fourth
(1/4) inch equals one (1) foot showing vertical dimensions, fenestration,
proposed materials and colors, and any existing construction where
an addition or modification is proposed. All existing and proposed
building materials shall be indicated on the existing building elevations.
5.
Color photographs sized eight and one-half (8 1/2) inches
by eleven (11) inches, of the main building located on each adjoining
property. Color photographs sized eight and one-half (8 1/2)
inches by eleven (11) inches, of all building elevations of existing
structures for projects involving remodeling or additions.
6.
A list of all building enclosure materials, including the style
and make of all windows and doors. Brochures, pictures, and other
information shall be required for all non-standard building materials.
Applicants are encouraged to submit an architectural color board showing
the materials and colors to be used on the exterior of the building.
Samples of proposed building materials shall be presented at the meeting
of the ARB in which the application is to be considered.
7.
Any proposed construction in excess of four hundred (400) square
feet of floor area shall require architectural plans prepared by and
bearing the professional seal and signature of a person licensed to
practice architecture in the state according to Ch. 327, RSMo. Any
work associated with the proposed construction which is engineering
in nature, and not incidental to the architectural scope per Ch. 327
RSMo., shall require plans or drawings prepared by and bearing the
seal and signature of a person licensed under the same statute to
practice engineering in the State.
B.
The documents herein required for review by the ARB are in addition
to and not in lieu of such plans, detailed drawings and specifications
as may be required for submission to the Building Commissioner by
the provisions of all applicable ordinances of the City.
C.
No building permit for a building project subject to this Section
shall be approved or issued by the Building Commissioner until the
ARB has completed its review of and issued its ruling of approval
hereunder with respect to such project.
D.
Any building plans and documentation related to such project, once
approved by the ARB and returned to the Building Commissioner for
further processing of an application for a building permit, shall
not thereafter be revised, altered or changed by the applicant in
any way affecting the outward appearance of the structure; nor shall
the same be approved or permitted by the Building Commissioner either
before or after issuance of a building permit or at any time during
the progress of the execution of the work, without first resubmitting
the project to the ARB for its further review and consideration hereunder
and obtaining its approval thereof.
E.
Plans for projects involving alterations and repairs which do not
affect the outward appearance of a building do not require approval
of the ARB, however a building permit may still be required for the
project.
F.
Plans for projects to replace or repair fences, generators, HVAC
units that meet the ordinance and guidelines and that will not affect
the existing outward appearance of a building do not require approval
of the ARB. However, applicable permits shall be required.
G.
When any project subject to review pursuant to this Section lies
within a subdivision the trustees of that subdivision must be notified
of the project by the applicant and proof of said notification shall
be submitted with the ARB application.
H.
The ARB may require, in its sole discretion, an architectural study model for any residential or commercial construction project except those described in Subsections (E) and (F) of this Section. The model shall be constructed to a scale of not less than one-eighth (1/8) inch equals one (1) foot. Such study model shall not be required for additions and modifications involving less than four hundred (400) square feet.
[Ord. No. 2021-1939, 3-16-2021]
A.
Promptly after an application for a project to be submitted to the
ARB and all the supporting documents and information required hereby
have been received by the Building Commissioner in good order, the
project shall be placed on an agenda for review at a meeting of the
ARB.
B.
Within twenty (20) days of receipt by the Building Commissioner of a completed application for approval of a project by the ARB as provided in Subsection (A), the application and all supporting documents and information will be reviewed and evaluated by the ARB for conformity with the architectural guidelines of the City concerning appearance and design. The Board may take one (1) of the following actions:
1.
Approve the application if, in its judgment, the proposed project
will conform with the architectural and design guidelines of the City;
2.
Conditionally approve the application if, in its judgment, the
proposed project will conform with the architectural and design guidelines
of the City if the applicant revises the project in strict conformity
with conditions from the ARB to subsequently be administratively reviewed
and approved by the Building Commissioner; provided, however, that
if the ARB conditionally approves an application it may, if it deems
it prudent to do so, require the applicant to establish an escrow
with the City in an amount determined by the ARB or the Building Commissioner
to be sufficient to remedy any failure to fulfill the conditions specified
by the ARB and complete the project in conformity with the conditional
approval;
3.
Continue the application if, in its judgment, the proposed project
submittal does not include all the information necessary for the ARB
to complete its review, and if the ARB provides recommendations with
respect to the additional information required to be presented at
a future meeting; or
4.
Disapprove the application if, in its judgment, the proposed
project will not conform with the architectural and design guidelines
of the City. The ARB shall provide written reasons for such disapproval.
C.
In making any determination hereunder with respect to conformity
of the proposed structure with the architectural and design guidelines
of the City the ARB shall also consider the massing and scale of a
proposed structure in relation to the size of the lot on which the
structure is proposed to be situated and to the size of the other
structures in the surrounding neighborhood.
[Ord. No. 2021-1939, 3-16-2021]
If the ARB returns the application to the Building Commissioner
with approval, the Building Commissioner may issue the required permits.
If the ARB returns the application to the Building Commissioner with
conditional approval and recommendations, the Building Commissioner
may issue the required permits on condition that, under continuing
review by the Building Commissioner through completion of the project,
the applicant shall make the changes in the project required by the
ARB and agree to comply with all recommendations of the ARB.
[Ord. No. 2021-1939, 3-16-2021]
A.
Its shall be unlawful for any property owner to construct or allow
to be constructed on their property and for any ARB approval applicant
to construct or allow to be constructed any structure or improvement
for which ARB approval or conditional approval has been granted in
any manner other than in strict conformity with the plans so approved.
[Ord. No. 2021-1939, 3-16-2021]
A.
In the event that an application is disapproved or the applicant
believes that the conditions imposed by the ARB constitute a hardship,
the applicant may appeal to the City's Board of Adjustment to
review the decision of the ARB. To the fullest extent permitted by
law, the appeal process herein shall be exhausted before any action
may be filed in any court. An applicant may appeal by delivering a
letter to the Building Commissioner within ten (10) days of the decision
by the ARB requesting a hearing before the Board of Adjustment. Such
letter must be accompanied by:
B.
Upon receipt and acceptance as complete by the Building Commissioner of an appeal with the appeal payment and required documents, the Board of Adjustment shall establish a reasonable time for hearing the appeal and give notice thereof in accordance with the requirements specified in Section 405.220 for zoning amendments.
C.
At such hearing, the Board of Adjustment shall consider: the architectural
and design guidelines; the testimony of the applicant, members of
the ARB, experts representing the applicant or the ARB; and other
interested parties as may desire to be heard; and shall follow all
applicable statutory requirements.
D.
After hearing from all who desire to be heard, the Board of Adjustment
shall approve or disapprove the application, or approve the application
subject to recommendations and/or conditions. If the Board of Adjustment
approves the application or approves the application subject to recommendations
and/or conditions, and the applicant complies with such recommendations
and/or conditions, the Building Commissioner shall issue the building
permit forthwith. In the event that the Board of Adjustment disapproves
the application, no permit shall be issued. The action of the Board
of Adjustment in regard to the application, together with the report
of the ARB, shall be included in the minutes of the Board of Adjustment.
