§ 23.08.040. Definitions.

A.

For purposes of this Chapter, a conclusion that a proposed design element is "unreasonable," must be supported by findings of fact regarding:

1.

The extent to which the contested design element adversely impacts upon the purposes for which this Chapter is adopted.

2.

Whether the project requires the inclusion of the contested design element in order for the project to be useable by the applicant.

3.

Whether the project requires the inclusion of the contested design element in order to produce a project that is similar in quality to development in the neighborhood.

4.

The availability of one or more alternatives to the contested design element that will produce a project that is useable by the applicant and similar in quality to development in the neighborhood.

B.

For purposes of this Chapter, primary scenic view means a view of the ocean, the community, lagoons, canyons or other scenic vistas from the primary living area of a residence.

C.

For purposes of this Chapter, primary living area shall mean that portion of a residence determined by the Design Review Board, or City Council on appeal, to be the main gathering and entertainment room used by residents and guests at the residence.

1.

Each residence shall be limited to the designation of only one primary living area.

2.

Unless otherwise determined by the DRB, or City Council on appeal, the primary living area of a residence is that portion of the residence that is most often used by the occupants and their guests for gatherings and entertainment, consisting of the residence's living room, dining room or great room.

3.

Under rare and extraordinary circumstances, the DRB, or City Council on appeal, may determine that another area of a residence is the primary living area when it has been demonstrated that due to extenuating circumstances, the occupants of the residence must use another portion of the residence, rather than its living room, dining room or great room, as the residence's main gathering and entertainment area.

4.

In no case shall a bathroom, storage room, stairwell or hallway be designated as a primary living area.

D.

For purposes of this Chapter, "bulk" and "mass" shall mean the appearance of volume given by the outer, visible envelope of a structure as viewed from surrounding public or private properties, this appearance generally attributable to the size of the structure and/or its architectural features.

(Ord. No. 647, § 1; Ord. No. 784)