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No new construction or exterior alteration shall be made to any property within the Design Review District until a Certificate of Design Approval has been issued by the Design Review Board. No Zoning Certificate shall be issued for any site improvement, signs, construction, reconstruction, alteration or demolition of any structure now or hereafter in a Design Review District, unless a Certificate of Design Approval has been issued.
(Ord. 26-99-0. Passed 8-23-99.)
(a) The application for a Certificate of Design Approval shall be made on such forms as prescribed by the Zoning Inspector not less than eleven (11) days prior to the meeting of the Design Review Commission and shall include the following data:
(1) Two (2) complete sets of drawings and supplemental specifications, indicating the building or structure exactly as it is proposed to be built. Additional sets may be requested. Such documents shall be accurately drawn to scale and dimensioned.
(2) A site plan, drawn to scale, showing the plot configuration and its perimeter dimensions, all structures on the site with locating dimensions, the location of all structures adjacent to the site within fifty (50) feet of the property line, and all vehicular drives, roads, related parking areas, main walks, walls, fences and major existing landscaping including trees of 6" caliper as measured 18" from top of ground in area affected by construction. In addition, a vicinity map, a north arrow, the first floor level and existing and finished grade elevations at each corner of new construction and at each corner of the site shall be indicated.
(3) Four elevation drawings including front, rear and two side elevations together with additional views or cross sections, if necessary, to indicate completely the exterior appearance of the structures. All elevations shall be drawn to the same scale, which shall be not less than one-quarter inch per foot.
Each elevation shall show the accurate location of windows, doors, shutters, chimneys, porches and other architectural features, all materials and finishes, and an accurate finish grade line.
(4) Additional details to show unusual construction.
(5) Material and color samples of all major finish materials, which shall be presented at the Design Review Commission's meeting.
(6) Drawings or photographs of existing structures that are to remain on the site where new structures are to be constructed. Where additions are to be constructed to existing structures, elevation drawings or photographs showing the location of the addition shall be included.
(b) The Design Review Commission shall determine whether the proposed change will be appropriate to the preservation of the environmental, architectural or historic character of the Design Review District pursuant to the general and specific criteria. In determining the appropriateness of the change, the Design Review Commission may conduct public hearings on the project or solicit input from City staff or consultants to the City. The criteria contained in Section 1148.05 and the Design Review District Guidebook shall be used by the Design Review Commission to guide their decision.
(c) The City shall not issue a Zoning Certificate or Demolition permit until the Certificate of Design Approval has been approved by the Design Review Commission.
(d) The Design Review Commission shall consider all applications that have been properly submitted to it and approve, approve with conditions, or disapprove the application within forty-five (45) days of such item's first appearance on its agenda unless a time extension is mutually agreed to by the applicant and the Design Review Commission.
(e) Approvals by the Design Review Commission shall be valid for one year from the date of final action. The Zoning Certificate must be obtained and construction must begin prior to the expiration of one year from the date of final action. An approval may be extended once for one year. Applications for extension must be made in writing to the Design Review Commission prior to the expiration date of initial approval.
(f) The Design Review Commission, may at its discretion, designate an authorized representative to approve or disapprove applications for Certificates of Appropriateness for minor site improvements, construction, reconstruction, exterior alterations, or demolition of structures.
(Ord. 26-99-0. Passed 8-23-99.)
(Ord. 26-99-0. Passed 8-23-99.)
In determining whether the plan qualifies for a Certificate of Design Approval, the Design Review Commission shall consider those factors listed below which are relevant to the work. In applying the factors listed below, the Design Review Commission shall be guided by the Design Review District Guidelines, as adopted or amended by City Council. The Design Review Commission shall issue a Certificate of Design Approval if the proposed plan is in compliance with these Design Review District Guidelines. The plan shall be approved subject to conditions as necessary to assure the work is in compliance with the Design Review District Guidelines.
(a) Consistency and compatibility with any plans for the Design Review District which have been adopted by City Council.
(b) Compatibility with the building and structural patterns in the surrounding Design Review District.
(c) The quality of design and site planning being promoted by the proposed improvements.
(d) The avoidance of visual clutter created by unnecessarily large amounts and sizes of signage, and the encouragement of signage that reflects the scale and materials of a development's structure.
(e) Any adverse effect on the access to the property by fire, police, or other public services; access to light and air from, and for, adjoining properties; traffic conditions; or the development, usefulness, or value of neighboring land and buildings.
(f) The elimination or avoidance of blight.
(Ord. 26-99-0. Passed 8-23-99.)
(Ord. 26-99-0. Passed 8-23-99.)
(a) In cases where an applicant applies for a Certificate of Design Approval to demolish a structure within the Design Review District, the Design Review Commission shall grant the demolition and issue a Certificate of Design Approval to demolish when at least one of the following conditions prevail:
(1) The structure contains no features of architectural and historic significance which add to the character of the Design Review District.
(2) There is no reasonable economic use for the structure as it exists or as it might be restored, and that there is no feasible and prudent alternative to demolition.
(3) Deterioration has progressed to the point where it is not economically feasible to restore the structure.
(b) If the Design Review Commission disapproves an application for Certificate of Design Approval involving a demolition or removal of an historically and architecturally significant structure within the District, the Design Review Commission shall have the power to impose a waiting period not to exceed six months.
During such period, the applicant shall make every reasonable effort to find a demolition alternative for that structure. During the waiting period the owner of such structure shall maintain and preserve the structure to prevent further deterioration. If the Design Review Commission and the applicant do not agree on a means of preserving the structure within the specified waiting period, and if evidence is produced documenting the existence of at least one of the conditions set forth above in subsection (a), the Certificate of Design Approval to demolish shall be issued as a matter of law upon expiration of the waiting period.
(Ord. 26-99-0. Passed 8-23-99.)
Nothing in this Chapter shall be construed to prevent the ordinary maintenance or repair of any property within a Design Review District, provided such work involves no change in material, design, texture, color or exterior appearance; nor shall anything in this Chapter be construed to prevent any repair of structural deficiency which is required for the public safety because of an unsafe, insecure or dangerous condition.
(Ord. 26-99-0. Passed 8-23-99.)
Any applicant aggrieved by any decision of the Design Review Commission may appeal the decision to the Board of Zoning Appeals. Such appeal shall be taken in accordance with the procedures set forth in Chapter 1153. The Board of Zoning Appeals shall affirm the decision of the Design Review Commission unless it finds that the decision is contrary to law. In the event that the Board of Zoning Appeals does not affirm the decision of the Design Review
Commission, it may reverse, remand or modify such decision of the Design Review Commission and shall state the reasons therefore in the minutes of its meeting and shall forward a copy of such minutes to the Design Review Commission.
(Ord. 26-99-0. Passed 8-23-99.)