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§ 4.402  URBAN DESIGN DISTRICT-DOWNTOWN.
   (a)   Purpose and intent. The purpose of the urban design district-downtown is to establish design standards for new construction and certain renovations of property in the downtown area in order to protect and enhance the character of downtown, encourage economic development and protect property values.
   (b)   Boundaries of urban design district-downtown. The specific boundaries of the Urban Design District-Downtown are shown on the official zoning map maintained by the city and depicted and attached as Exhibit B.16.
   (c)   Relationship of urban design district-downtown to base zoning districts. The urban design district-downtown is a zoning overlay that supplements the primary underlying zoning district classification. The permitted uses of the property shall be determined by the use regulations set forth for the primary zoning district classification for the property. Development of projects in the urban design district-downtown shall be subject to the downtown urban design standards in accordance with this section. In the event of any conflict between the design standards and any provision of this section, the design standards shall control.
   (d)   Downtown urban design standards adopted. Development in the downtown urban design district (“DUDD”) is subject to the development standards and guidelines contained in the Downtown Urban Designs Standards and Guidelines as referenced in Exhibit “A”. The Downtown Urban Design Standards and Guidelines are hereby approved by the city council and are included in the zoning ordinance by reference. All future amendments to the Downtown Urban Design Standards and Guidelines must be considered by the zoning commission and approved by the city council in accordance with the procedure set out in Article 5, Chapter 3.
   (e)   Certificate of appropriateness required.
      (1)   Within the urban design district-downtown, issuance of a certificate of appropriateness reflecting compliance with the Downtown Urban Design Standards and Guidelines is required as a condition for the following:
         a.   Issuance by the planning and development department of a building permit for construction of a new structure;
         b.   Issuance by the planning and development department of a building permit for expansion of an existing structure;
         c.   Issuance by the planning and development department of a building permit for renovation, remodeling or other alterations of the exterior of an existing structure; and
         d.   Construction of a surface parking lot.
      (2)   Applications for a building permit may be submitted in conjunction with an application for a certificate of appropriateness, however, no building permit shall be issued for construction, expansion, renovation, remodeling or other alterations on any building within the urban design district-downtown until a certificate of appropriateness reflecting compliance with the Downtown Urban Design Standards and Guidelines is approved by the downtown design review board and issued by the planning and development department.
   (f)   Pre-design conference. A pre-design conference with the development services director or a designee is required before an applicant makes application for a certificate of appropriateness. Two copies of a site plan containing the following information shall be submitted to the development services director for discussion at the pre-design conference:
      (1)   Footprints of all existing structures;
      (2)   Proposed footprints of all new structures;
      (3)   Existing structures adjacent to the property;
      (4)   Existing and proposed floor plans of first and second floors (schematic drawings);
      (5)   Building setbacks;
      (6)   Location of parking areas;
      (7)   Location of landscape areas;
      (8)   Two copies of building elevations for all sides of the building; and
      (9)   Photographs of the site and adjoining properties.
   (g)   Application for certificate of appropriateness. The following materials shall be submitted to the planning and development department in connection with an application for a certificate of appropriateness. The materials must be submitted at least ten days before the meeting of the downtown design review board at which the application for a certificate of appropriateness will be considered. At the time application materials are submitted, the applicant shall receive a sign provided by the planning and development department that shall be posted on the project site at street level in a location readily visible to the public no less than ten days prior to the meeting of the downtown design review board:
      (1)   Five copies of site plan including:
         a.   Footprints of all existing structures;
         b.   Proposed footprint of all new structures;
         c.   Existing structures adjacent to the property;
         d.   Building setbacks; and
         e.   Location of parking areas, parking lot islands, driveways, sidewalks, walkways, loading areas, walls or fences, utilities, lighting, signage, at grade mechanical units, dumpsters and all other site improvements.
      (2)   Five copies of landscape plan including location and dimension of areas to be landscaped (including private property, adjoining right-of-way and parking lot islands), total amount of landscaped area, location, number and planting size of all trees, shrubs and groundcover, location and coverage of irrigation system, and location and description of street furniture;
      (3)   Five copies of schematic floor plans depicting the arrangement of interior spaces, location of windows and doors, mechanical equipment, electrical meter and utility locations. First floor site plans should show the relationship between the first floor and the site;
      (4)   Five copies of schematic building elevations for all sides of the buildings(s) showing design of all elevations, existing grade, proposed grade, finish floor elevations, roof slopes, mechanical vents and equipment, location and type of outdoor light fixtures, design and location of all wall sign(s) and notations regarding exterior colors and material;
      (5)   Material specification outline with samples, brochures and/or photographs of all exterior building and site materials, finishes and fixtures; and
      (6)   For all detached signs, five site plans drawn to scale indicating sign location and drawings of proposed sign, lettering and graphics, drawn to scale of at least one-quarter inch to the foot including any support structures. Colors of the proposed sign shall be indicated on the drawing and actual color samples shall also be furnished. Any proposed illumination shall be indicated on the drawing.
   (h)   Authority to approve certificate of appropriateness.
      (1)   Approval of requirements concerning walkway areas, landscape, building edge and signs and banners, contained in the Downtown Urban Design Standards and Guidelines shall be by the downtown design review board. Meetings of the downtown design review board shall be conducted in accordance with § 2.104.
      (2)   Approval of requirements concerning building edge and signs and banners contained in the Downtown Urban Design Standards and Guidelines shall be by the downtown design review board. Meetings of the downtown design review board shall be conducted in accordance with § 2.104.
   (i)   Appeal.
      (1)   Generally. All decisions of the development services director or a designee concerning walkway areas and landscape may be appealed by the applicant to the downtown design review board by submitting a written appeal to the city secretary within ten days after receipt of notification of the development services director’s or a designee's decision. Hearings by the downtown design review board shall be held in accordance with § 2.104. The downtown design review board may uphold, reverse or modify the decision of the development services director or a designee.
      (2)   Appeals board.
         a.   All decisions by the downtown design review board may be appealed to the board of adjustment by the applicant. A written notice of appeal must be filed with the city secretary within ten days after receipt of notification of the downtown design review board's decision. The written notice of appeal shall specify;
            1.   That the decision of the board is unreasonable, either in whole or in part; and
            2.   The grounds for the appeal.
         b.   The board of adjustment shall schedule a hearing on such appeal within 30 days after receipt of the notice of appeal, or as soon as thereafter as reasonably practicable. Notice of such hearing shall be published with the city secretary in the city's official newspaper not less than the fifteenth day before the hearing. The secretary of the downtown design review board shall forward to the board of adjustment a complete record of the matter, including a transcript of the tape of the hearing before the downtown design review board. In consideration of an appeal, the board of adjustment shall:
            1.   Hear and consider testimony and evidence concerning the previous recommendations and actions of the city staff and the downtown design review board;
            2.   Hear new testimony and consider new evidence that was not available at the time of the hearing before the downtown design review board;
            3.   Apply the substantial evidence test to the decision of the downtown design review board, considering the record made before the downtown design review board; and
            4.   Have the option to remand any case back to the downtown design review board for further proceedings.
         c.   The board of adjustment may uphold, reverse or modify the decision of the downtown design review board unless a continuance is agreed to by the owner/appellant.
         d.   A hearing before the board of adjustment shall exhaust the administrative remedies of the property owner/appellant under this title. Any owner/appellant aggrieved by the decision of the board of adjustment may file in district court.
(Ord. 20159-04-2012, § 1 (Exh. A), passed 4-3-2012; Ord. 21272-06-2014, § 5, passed 6-3-2014; Ord. 22268-06-2016, § 1, passed 6-14- 2016, eff. 7-24-2016; Ord. 22516-12-2016, § 1, passed 12-6-2016; Ord. 24030-02-2020, § 22, passed 2-4-2020)