1168.12 PROCEDURE.
   (a)   The provisions of any other part of these Codified Ordinances notwithstanding, before the issuance of any building permit or zoning certificate, the Design Review Committee shall review the plans to ensure that the proposed project complies with the Design Guidelines set forth in this chapter. The Design Review Committee shall have the power and authority to approve signage and minor modifications to existing structures/developments.  A modification shall be considered a minor modification when less than thirty-three percent (33%) of the visible exterior is altered, changed or enlarged.  The Design Review Committee, at its discretion, may defer its decision on signage and/or a minor modification and recommend their findings of a project review for signage and minor modifications to the Planning Commission for its decision.
   The Design Review Committee shall recommend to the Planning Commission their findings of a project review for new construction and major modifications to existing structures/developments.  Modifications shall be considered major when thirty-three percent (33%) or greater of the visible exterior is altered, changed or enlarged.  They may recommend alternatives or modifications to a plan. The Planning Commission shall review THESE plans detailing the matters described in this chapter to determine compliance with the provisions of this chapter and to fulfill the purposes stated in Section 1168.01.
   (b)   The Design Review Committee shall have thirty days in order to accomplish the review required. The Committee shall have thirty days after the plans are submitted to the Development Services Department to review the plans for guideline compliance.
(Ord. 123-18. Passed 12-3-18.)
 
   (c)   There shall be created a Design Review Committee consisting of nine members to be determined as follows:
(1)   One member shall be appointed by a majority vote of Council from among its membership. Such member may be removed from the Committee, without cause, by a majority vote of the Council members;
(2)   One member shall be appointed by a majority vote of the Planning Commission from among its members. Such member may be removed from the Committee, without cause, by a majority vote of the Planning Commission;
(3)   One member shall be the Director of the Development Services Department, or a staff representative appointed by the Development Services Director;
(4)   One member shall be the City's Building Division Superintendent;
(5)   One member shall be an elector at large. This member shall be appointed by City Council. Such member shall have no financial interests to D-1, Downtown District businesses or residences. The elector at large member shall serve for a two year term.
(6)   Two members shall be business owners or operators from the D-1, Downtown District. These members shall be appointed by City Council. The D-1, Downtown District business members shall serve for overlapping terms of two years each.
(7)   Two members shall be business owners or operators from the D-1, Downtown District or shall be electors at large. These members shall be appointed by City Council. The D-1, Downtown District business members shall serve overlapping terms of two years each.
         (Ord. 94-16. Passed 10-24-16.)
 
   (d)   Appeals. 
      (1)   Appeals to Planning Commission.  An appeal of any decision of the Design Review Committee to the Planning Commission may be taken by any owner, developer or occupant who is aggrieved or affected by any decision of the Design Review Committee under this section.  Such appeal shall be perfected by filing a written notice of such appeal with the Development Services Department within fourteen days after the date upon which the Design Review Committee made the decision at a meeting. The Planning Commission may reverse, affirm or modify the decision of the Design Review Committee within sixty days after the filing of the notice of appeal with the development services department.
      (2)   Appeals to City Council.  An appeal of any decision of the Planning Commission under this section to City Council may be taken by any owner, developer or occupant who is aggrieved or affected by any decision of the Planning Commission.  Such appeal shall be perfected by filing a written notice of such appeal with the Clerk of Council within fourteen days after the date upon which the Planning Commission made the decision at a meeting.  The City Council may reverse, affirm or modify the decision of the Planning Commission within sixty days after the filing of the notice of appeal with the Clerk of Council. The decision of City Council shall be final and as a legislative decision shall not be subject to further appeal.
(Ord. 123-18. Passed 12-3-18.)