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(a) Any person, firm, or corporation required to submit a Tree Preservation Plan that damages a tree located in the development site, due to the failure to properly protect or maintain the tree during construction pursuant to Section 341.052, whether by negligence or otherwise, shall be charged one thousand dollars ($1,000.00) per area of damage to the above ground portion of the tree. If the damage can be repaired or reduced following Best Management Standards and ANSI Standards for Arboriculture, as may be amended from time to time, the party responsible for the damage shall hire an ISA-Certified Arborist to repair or reduce the damage at the cost of the responsible party. If the damage to the tree is adequately repaired by the ISA-Certified Arborist, in the discretion of the Commissioner of Urban Forestry (“Commissioner”) or designee, the Commissioner may waive the civil fine.
(b) Any person, firm, or corporation required to submit a Tree Preservation Plan that harms a tree within the development site by failing to properly protect the roots in violation of Section 341.052 or division (e) of Section 352.05, such that an ISA-Certified Arborist believes the tree will fall or decline and die within two (2) calendar years of the date of completion of construction, shall be charged the full value of the tree as established using the Trunk Formula Method outlined in The Guide for Plant Appraisal by the Council of Tree and Landscape Appraisers, as may be amended from time to time, or other tree replacement analysis provided by similar publication.
(c) Any person, firm or corporation required to submit a Tree Preservation Plan that removes any tree located in the development site in violation of Section 341.052, shall be charged a civil fine of one thousand dollars ($1,000.00) for each tree removed in addition to the full cost of any removed tree based on the replacement cost of the tree as established using the Trunk Formula Method outlined in The Guide for Plant Appraisal by the Council of Tree and Landscape Appraisers, as may be amended from time to time, or other tree replacement analysis provided by similar publication.
(d) The Commissioner or a designee shall have the authority to charge the civil fines set forth in this section. All civil fines and costs collected pursuant to this section shall be deposited in the Tree Preservation Fund established under Chapter 509 of the Codified Ordinances.
(e) A person, firm or corporation required to submit a Tree Preservation Plan that receives a civil fine under this section may appeal to the Commissioner within ten (10) business days of the date of the notice of the civil fine. The Commissioner shall have jurisdiction to affirm, reverse, or modify the decision and shall do so within ten (10) days of the date of the appeal. A person aggrieved by a final decision of the Commissioner may further appeal to the Board of Zoning Appeals within thirty (30) days after the Commissioner’s decision.
(Ord. No. 521-2024. Passed 7-10-24, eff. 7-16-24) (BOC Res. No. 377-24. Adopted 8-7-24)
The City Planning Commission shall establish Local Design Review Advisory Committees to advise the Commission on applications received pursuant to the regulations of this chapter. The following provisions shall govern the establishment and operation of each such committee:
(a) Appointment of Members. The City Planning Commission shall appoint the members of each Local Design Review Advisory Committee. In making these appointments, the City Planning Commission shall solicit nominations from Community Development Corporations operating within each committee’s geographic area of jurisdiction and the Council members representing each such area. Each Advisory Committee shall be composed of not less than five (5) and not more than eleven (11) members, except that the City Planning Commission may increase membership on a particular committee if necessary to incorporate relevant perspectives and areas of expertise. A maximum of three (3) alternate members may be appointed to each committee. The alternate members may vote in place of members not in attendance at a particular meeting, as determined by the Committee’s chairperson.
(b) Committee Composition. A majority of the members appointed to each Advisory Committee shall be architects or other recognized design professionals, with the remaining members representing businesses or other organizations with operations in the local area or being residents of the local area. The term “recognized design professionals” shall refer to individuals with documented expertise in such fields as architecture, landscape architecture, urban design, graphic design, or historic preservation.
(c) Committee Jurisdiction and Name. Each Local Design Review Advisory Committee shall review applications received pursuant to this chapter for properties located within the boundaries of its area of jurisdiction, as established by the City Planning Commission. All areas of the City shall be included in the jurisdiction of an Advisory Committee. The City Planning Director shall assign each Local Design Review Advisory Committee a name identified with the area of the City served by the Committee.
(d) Term of Appointment. Each Advisory Committee member shall be appointed for an initial term of one (1) year and thereafter for a term of two (2) years. After expiration of the initial one (1) year term, an individual’s membership shall continue until the City Planning Commission takes action to replace the member with a new appointment or until the member resigns. The City Planning Commission shall replace members whose attendance is poor or who fail to act in accordance with the regulations of this chapter.
(e) Quorum and Voting. A majority of the Advisory Committee’s membership shall constitute a quorum, without which no votes may be taken. Approval of an application shall require the affirmative vote of a majority of the members present at a meeting.
(f) Meetings and Records. The Advisory Committee shall meet at least twice monthly unless there is no business to conduct. The staff representative of the City Planning Commission shall be designated as the Advisory Committee’s Secretary and shall be responsible for prompt preparation of minutes, which shall be retained by the City Planning Commission.
(Ord. No. 1827-08. Passed 2-9-09, eff. 2-11-09)
In reviewing applications subject to provisions of this chapter, the Local Design Review Advisory Committee and the City Planning Commission shall follow the design guidelines set forth in the succeeding sections as well as any supplemental design guidelines adopted by Commission for a particular district.
(a) Design Compatibility. Alterations, additions and new development shall be compatible in scale, material, color, placement and character with the design of the subject property as well as the design of properties that are representative of the area’s most valued architectural and environmental qualities. In evaluating compatibility, consideration shall also be given to the value of diversity and individuality in design.
(b) Contemporary Design. All buildings are recognized as products of their own time. Alterations, additions and new developments which have no historical basis and which seek to create an appearance characteristic of an earlier time are not required. Conversely, compatible contemporary design is encouraged except where such design would clearly detract from the architectural unity of a grouping of architecturally significant structures.
(c) Preservation of Features. The distinguishing original qualities of a property should not be diminished through alteration or removal of distinctive architectural features.
(d) Replacement of Features. In the event that replacement of significant architectural features is necessary, the new material should closely match the original material in composition, design, color, texture and all other visual qualities.
(e) Cleaning. The cleaning of exterior wall surfaces should be undertaken by the gentlest means possible. Sandblasting and other cleaning methods that will damage facing materials and architectural features shall not be undertaken.
(f) Fences and Other Accessory Structures. Fences, walkways, lighting, benches, landscaping and other accessory structures should be compatible in design with adjoining buildings and with the most valued aspects of an area’s character. Use of chain-link fences along street frontages is discouraged unless otherwise specified in guidelines for a district.
(g) Parking Lots. Use of evergreen shrubbery and trees in combination with low ornamental fences is encouraged in screening parking lots from streets. Use of curbed, planted islands is encouraged to provide visual relief in large parking areas and to control traffic circulation. For districts characterized by buildings set along the street line, parking lots shall be located behind buildings whenever possible, with entrances located off of adjoining side streets.
(h) Sustainability. Buildings and properties should be designed and constructed to minimize energy consumption and to promote conservation of materials and natural resources.
(i) Signs. In addition to meeting Zoning Code and Building Code requirements for signs in applicable zoning districts, signs subject to approval under the provisions of this chapter shall also meet the following design guidelines. In the case of a conflict between these regulations and the Zoning Code regulations, these regulations prevail.
(1) Placement. Wall signs should be designed to fit within the architectural space intended for signage and should not cover distinctive architectural features.
(2) Compatibility. Signs to be seen as a series should be designed with compatibility in terms of location, size, shape, style, material, illumination and color. As a general rule, uniformity should be maintained in certain characteristics while other characteristics are varied to permit individual expression and identification.
(3) Color. The colors of a sign should complement the color of the building facade to which the sign relates. If a raceway or similar device is used for attachment of a sign’s letters or characters, the color of the raceway should match the color of the wall surface.
(4) Lettering and Symbols. The lettering and symbols on a sign should be large enough to be easily read but not overly large or out of scale with the building on which the sign is displayed. An excessive amount of information on signs, creating an image of visual clutter, should be avoided. Use of distinctive symbols or logos on signs is encouraged.
(5) Projecting Signs. Where permitted, projecting signs should be no larger than necessary for readability by nearby pedestrians and should contain no internal illumination other than in use of exposed neon and similar treatments. Spacing between projecting signs should be sufficient to prevent an image of clutter.
(6) Wall Signs. For signs mounted flat against the wall of a building, use of individual letters or characters is preferable to use of panel or cabinet signs in instances where individual letters or characters are less likely to detract from a building’s architectural character. Such letters or characters should be attached in a manner that will minimize damage to the wall surface after removal. For buildings lacking appropriately designed wall space for placement of a sign, consideration should be given to use of a projecting sign, window sign or canopy sign as an alternative to a wall sign.
(7) Billboards. Billboards or “advertising signs”, as defined in Section 325.64(b) of the Zoning Code, shall not be permitted in any Design Review District.
(8) Design Exceptions. In accordance with standards of Section 350.16 of the Zoning Code, the City Planning Commission, may vary the sign regulations of Chapter 350 as necessary to permit signs that are better suited to the design of the subject property or nearby properties of architectural or historic significance.
(Ord. No. 1827-08. Passed 2-9-09, eff. 2-11-09)
For applications proposing the demolition or moving of a building in a Design Review District, other than for emergency demolition activities ordered by the Director of the Building and Housing to remedy conditions that pose immediate danger to human life or health, the following provisions shall apply:
(a) Criteria for Action. In considering a request to demolish or move a building or other structure located within a Design Review District, the City Planning Commission and its Local Design Review Advisory Committee shall consider the following factors in making its decision to approve or disapprove the request:
(1) The architectural and historic significance of the subject building or structure;
(2) The significance of the building or structure in contributing to the architectural or historic character of its environs;
(3) In the case of a request to move a building or other structure, the relationship between the location of the subject building or structure and its overall significance;
(4) The present and potential economic viability of the subject building or structure, given its physical condition and marketability;
(5) The presence of conditions on the subject property that are dangerous or are detrimental to the immediate area and cannot be reasonably remedied other than by the proposed demolition;
(6) The degree to which the applicant proposes to salvage and facilitate re-use of structures proposed for demolition; and
(7) The design quality and significance and the appropriateness of the proposed re-use of the property.
(b) Nature of Action. The City Planning Commission may delay action, for a period of not more than six (6) months, on the demolition or moving of a building in order to allow economic viability studies to be conducted, as well as to allow interested parties the opportunity to explore alternatives to the proposed action. At the end of such period, the Commission shall either approve or disapprove the request to demolish or move, or may choose to delay action for a second and final period of not more than six (6) months if the Commission determines that this additional time period may be useful in securing an alternative to the proposed demolition or moving. At the end of such second and final period, the Commission shall either approve or disapprove the request.
(Ord. No. 1827-08. Passed 2-9-09, eff. 2-11-09)