§ 40.3. Exemptions.

The following activities are exempt from filing a design review request:

(a)

All applications for land development or building permits are required to meet the requirements of this Article and are therefore exempt from making a formal request unless the applicant chooses to do so independently, concurrently, or in advance of the building or land development permit application.

(b)

The re-occupation of vacant office, commercial, institutional, or light industrial space within a single-tenant or multi-tenant building that received prior approval, where no new changes to the external features of the building or site inconsistent with prior approval will take place, except for a change in signage.

(c)

Changes of ownership but which do not involve any changes to external features of the building or site inconsistent with prior approval, including signage.

(d)

Repainting of an existing building to a similar color.

(e)

Revisions of window or door placement.

(f)

An increase or decrease in the number of parking spaces of ten percent (10%) from the number originally approved.

(g)

Repair or reconstruction of existing freestanding retaining walls, decorative walls, and fences, when repaired or replaced with materials that are the same or substantially similar to those originally approved.

(h)

Modifications to outdoor lighting fixtures involving the replacement of light fixtures, and which may involve an increase in the number of light fixtures at the same or lesser height, provided that the type of lighting and materials used for such light fixtures shall be of the same as or similar to those originally approved, and subject to the provisions of Article 23 of this zoning ordinance.

(i)

The relocation of an access driveway or curb cut which does not affect or interfere with the approved placement of buildings or structures.

(j)

The addition of a temporary use that is permitted in the zoning district in which the subject property is located.

(k)

Development and activity that is specifically exempt from design review by another section of this zoning ordinance.

(l)

Other similar minor changes as determined by the Zoning Administrator. The Zoning Administrator may exempt a minor development or change to an existing development from design review, and he or she may exempt a proposed change to an existing building or structure from design review approval, where in his or her judgment, the proposed development or change to existing building or structure meets the spirit and intent of this Article and applicable design guidelines that apply to the proposed development.

(m)

Any development activity that is within the jurisdiction of the Historic Preservation Commission and which requires a Certificate of Appropriateness according to the City's historic preservation ordinance.

( Ord. No. 348-18, § 1 (Exh. A), 9-6-2018 )