§ 12.15  DESIGN REVIEW.
   12.15.01   Applicability.  Design review procedures are applicable to:
      (A)   Applications for waivers or modifications of the residential Infill Development Standards of § 2.04, the commercial Character Standards of § 3.05, the Mixed Use Corridor Overlay standards of § 5.08, and the Linden Gateway District Zone of § 4.07.
      (B)   Applications for demolition, erection, physical expansion, or exterior remodeling of building or premises, including accessory uses or appurtenances to the principal use, in Area Protection Overlay zones.
   12.15.02   Application.
   (A)   An application for design review must be filed by the owner of the subject property or the owner's authorized agent.
   (B)   Application must be filed with the Historic Preservation Officer.
   (C)   Contents.
      (1)   Every application for waiver or modification of the residential infill development standards of § 2.04 or commercial character standards of § 3.05 must be accompanied by drawings that contain sufficient information to enable the Urban Design Review Board to determine whether the plans meet the review and decision-making criteria of § 12.15.05.These plans and drawings must indicate all proposed buildings and other site improvements. As used herein, "drawings" mean site plans, elevations, and/or perspectives drawn at a scale with sufficient detail to show the exterior appearance of proposed buildings and structures and location of existing and proposed improvements on the site. These drawings must include the following information:
         (a)   Existing and proposed principal and accessory buildings, including location, dimensions and height;
         (b)   Front building elevations (facing the street), including dimensions and locations of doors, windows, garages, porches, and other architectural features.
         (c)   Access points and off-street parking spaces;
         (d)   Driveways, sidewalks, walkways, terraces, and other paved surfaces;
         (e)   Accessory structures, including walls, fences, lighting, signs, and other site improvements;
         (f)   Existing and proposed landscape areas and materials, if proposed to be altered.
         (g)   All properties immediately adjacent to the site must also be included in the site plan; a site section and/or site elevations, including any adjacent properties, may be required.
      (2)   An application for design review is not considered complete until all illustrative material necessary to adequately describe the proposed project has been submitted to the staff. The Urban Design Review Board may refuse to consider an application for design review if it judges that insufficient information has been provided by the applicant.
   12.15.03   Urban Design Review Board Action.
   (A)   The Urban Design Review Board must review complete applications for design review that have  been received by the staff ten or more business days prior to each regular meeting. The applicant must be informed of the time and place at which the Urban Design Review Board will consider the application and the applicant will be heard.
   (B)   Following the Urban Design Review Board's review, it must take action, by simple majority vote, on applications for design review, based on the review and decision-making criteria of § 12.15.05.
   (C)   In acting on an application for design review, the Urban Design Review Board is authorized to approve, approve with modifications or conditions, or disapprove the application. Where necessary, the Urban Design Review Board may recommend a variance be requested from the Board of Adjustment. Any recommendation by the Urban Design Review Board for approval that requires a variance from the Board of Adjustment must be conditioned on the granting of the variance to the applicant.
   (D)   If the Urban Design Review Board approves an application, it must be signed by the Historic Preservation Officer on behalf of the Chairperson or Vice-Chairperson, and transferred to the office of the Zoning Administrator and Building Inspector. All prints and other documents approved by the Urban Design Review Board must be stamped accordingly. The Zoning Administrator or Building Inspector must thereupon process the application in the usual manner.
   (E)   If the Urban Design Review Board disapproves an application for a waiver or modification, it must state its reason for doing so and must transmit a record of such action and the reasons therefore in writing to the Zoning Administrator and Building Inspector and to the applicant. No further action may be taken by the Zoning Administrator or Building Inspector on the application. The applicant may modify the application to make it acceptable to the Urban Design Review Board and has the right to resubmit the application at any time.
   (F)    Any action taken by the Urban Design Review Board on applications from Area Protection Overlay zones must be forwarded as a written recommendation to the City Commission within 14 days. The basis for the recommendation and any conditions thereto are to be included.
   (G)   The Urban Design Review Board must act within 60 days of receipt of a complete application. The failure of the Urban Design Review Board to approve or disapprove such application within such time, unless otherwise mutually agreed by the applicant and the Urban Design Review Board, will be deemed to constitute disapproval and the issue will be considered to have been resolved.  The applicant has the right to resubmit another application at any time.
   (H)   Approval of an application for design review does not exempt the applicant from complying with all of the requirements of this zoning ordinance, the Building Code, the Housing Code, and other ordinances and regulations of the City.
   12.15.04   Area Protection Overlay Zone Action.  For applications involving Area Protection Overlay zones, the City Commission, after receiving the report of the Urban Design Review Board, must, within 60 days after receipt of the report, review the recommendations of the Urban Design Review Board and take action to approve or disapprove the proposal. If approved, the proposal must be forwarded to the Zoning Administrator for further processing, in accordance with the requirement of this or other applicable city ordinances.  In the event the application is disapproved by the City Commission, notice of the action and the basis for disapproval must be forwarded to the applicant.
   12.15.05   Decision-Making and Review Criteria.  These guidelines and review criteria must be used by the Urban Design Review Board in considering all applications for design review:
   (A)   Whether the proposal respects the character of the neighborhood or business district, reinforcing its identity through design that is sympathetic to the architectural context of the surrounding area in terms of massing, form, materials, texture, scale, and architectural treatment;
   (B)   Whether the front building elevations (facing the street) and the overall massing of the building emphasize human scale and the pedestrian environment;
   (C)   Whether the proposed building has been designed to form part of a larger composition of the surrounding area by being of similar scale, height, architectural treatment, and orientation;
   (D)   Whether building silhouettes (scale and pitch of rooflines) are consistent with the context created by nearby buildings;
   (E)   Whether the proportion of windows, bays, and doorways is consistent with the context created by nearby buildings;
   (F)   Whether the proposed development uses lighting and related structures as an integrated element in landscaping, architectural treatment, and pedestrian environment;
   (G)   For commercial developments, whether the location and design of parking, curb cuts, driveways, and/or drive-through facilities minimize potential impact on the pedestrian environment, both physically and visually, and maintain, to the greatest degree possible, building massing and orientation toward street frontage(s).
   (H)   For commercial developments that are located at an intersection of both arterial and collector streets, ingress and egress to parking, driveways, and/or drive-through facililties shall be oriented to minimize potential impact on the pedestrian environment, both physically and visually, and maintain, to the greatest degree possible, building massing and orientation toward street frontage(s).
   (I)   For applications in Area Protection Overlay zones, whether the proposal is consistent with the adopted goals and objectives for future development within the area as noted by the city in identifying the area for consideration as a development plan project under KRS Chapter 99.
   (J)   For applications in the MUC-O zone, whether the proposal is consistent with the adopted goals, objectives, and purposed for future development as established in § 5.08.01.
   (K)   For applications in the LGD zone, whether the proposal is consistent with the adopted goals, objectives, and purposed for future development as established in § 4.07.01.
(Ord. O-37-06, passed 8-15-06; Am. Ord. O-35-10, passed 9-28-10; Am. Ord. O-22-12, passed 8-7-12)