B. Waivers or Reductions Permitted
1. Minimum lot area per dwelling unit requirements shall not apply to any lot, tract or parcel that was owned as a separate tract as shown by the last conveyance of record on November 20, 1949, and is not or has not been a part of a larger tract, or one (1) of two (2) or more contiguous tracts under the same ownership since that date.
2. Major or minor waivers or reductions from height and area requirements of the underlying zoning district may be permitted by the Planning Commission or Planning Official. The application for waiver or reduction will be reviewed by the Planning Official to determine its magnitude of change and review process. Waivers or reductions are classified into the following:
a. Major waivers or reductions
The Planning Commission may approve waivers or reductions from height and area requirements of commercial and residential applications for new construction. Major waivers or reductions are defined as: "one time" or "cumulative building addition" increases in commercial or multifamily residential floor area of greater than fifteen (15) percent; and any other proposed change which is deemed by the Planning Official to be a major waiver or reduction.
Requests for waiver or reduction shall be considered in accordance with the following procedures:
3. Planning Official denial of an application for waiver or reduction may be appealed to the Planning Commission by the applicant within thirty (30) days of the decision by the Planning Official. If the Planning Commission affirms the denial decision of the Planning Official, the applicant may appeal the decision to the Governing Body within thirty (30) days of the Planning Commission's decision. Otherwise all decisions of the Planning Official shall be deemed final.
4. Planning Commission denial of an application for waiver or reduction may be appealed to the Governing Body by the applicant within thirty (30) days of the decision. Otherwise, all decisions of the Planning Commission shall be deemed final.
3. The approval of the waiver or reductions will not create a safety hazard for automotive and pedestrian traffic.
E. Architectural Review of One and Two-Family Dwellings
Prior to any building permits being issued for new one and two-family dwellings, or substantial renovation of existing structures, within the “Original Town” Overlay District, the Planning Official shall review the architectural and site plans to determine the appropriateness of their design elements in terms of the nearby community and adjoining properties.
1. Appropriateness shall be considered, in most cases, to include evaluations of the following:
a. Architectural features -- including front porches; cornice lines; horizontal lines of windows; and architectural embellishments such as shutters, dormers, belvederes, chimneys, etc.
b. Materials, colors and textures.
c. Roof treatment and pitch.
f. Orientation of houses and garages.
h. Fencing, walls and hedges.
2. In addition to the above the following shall be addressed when applicable:
b. If a multiple story dwelling is proposed for a neighborhood predominantly characterized by one-story buildings, then it shall be demonstrated that the building design will be in scale and compatible with the area. A building greater than one story should clearly delineate the boundary between each floor of the structure through belt courses, cornice lines, or detailing between characteristic of the area. In neighborhoods predominantly characterized by two-story dwellings, one-story dwellings typically would not be considered consistent with the area.