(a)   Applicability.  No permit shall be issued for the alteration, demolition, removal, or construction of any property or site within the design review overlay district or for any designated historic site or landmark structure unless the application has been reviewed by the design review board and a recommendation submitted to the Zoning Administrator, except as otherwise specifically exempted.  However, if a recommendation is not received by the zoning administrator within sixty (60) days, it shall be assumed to be a recommendation of approval.
   (b)   Exceptions.
      (1)   Maintenance and Repair.  Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any property, within a design review district under the provisions of this chapter, provided such work involves no change in material, design, texture, color or outer appearance; nor shall anything in this chapter be construed to prevent any change, including the construction, reconstruction, alteration or demolition of any building or feature which the Chief Building Official has designated as an unsafe building or feature.
      (2)   Fences, Landscaping and Signs.  The erection, construction, removal or alteration of fences, landscaping and signs within the design review overlay district shall conform to the requirements of this Ordinance and shall be reviewed and approved administratively by the Zoning Administrator who, in his sole discretion, may submit the application to the Design Review Board for a recommendation; provided, this exemption shall not apply to fences, landscaping and signs appurtenant to designated landmark structures which shall be reviewed by the Design Review Board.
   (c)   Review and Permitting. 
      (1)   Pre-application Review.  Applicants are strongly encouraged to meet with the Design Review Board Prior to submitting plans, architectural renderings or elevations to preliminarily discuss design concepts. Such discussions shall not be binding on the applicant or the Board and no official action will be taken. Placement on the agenda shall be scheduled through the Zoning Administrator.
      (2)   Incomplete Application. Upon receiving an application, the Zoning Administrator shall determine if the application, including final plan, is complete in all respects as required by this section. Incomplete applications will be returned to the applicant as though no application had been received, with notice of deficiencies and non-filing.
      (3)   Complete Application. Upon the determination that an application, including final plan, is complete, the Zoning Administrator shall forward copies of the application and plan to the Design Review Board.
      (4)   Technical Review. The Zoning Administrator shall review all plans and specifications with regard to compliance with the technical requirements of this chapter and all other ordinances and laws of the City. Following review, the Zoning Administrator shall forward written comments and a recommendation to the Design Review Board for its consideration.
      (5)   Design Review. The Design Review Board shall review the plan to determine compliance with the provisions of this chapter with respect to the design, color, placement and materials of proposed buildings and structures. Following its review, the Design Review Board shall approve, approve with conditions, or deny the application and forward its decision to the Zoning Administrator and applicant.
      (6)   Project Representation.  The applicant or authorized representative shall be present at all meetings at which the request is to be considered.  If the applicant or authorized representative is not present, the matter may be tabled.
      (7)   Permit. Upon approval or approval with conditions by the Design Review Board, the Zoning Administrator shall issue a permit accordingly.
      (8)   Reapplication. Applications that have been denied shall not be resubmitted within twelve (12) months from the date of denial; provided, in his/her sole discretion, the Zoning Administrator may permit consideration of a substantially revised application.
   (d)   Required Submissions. In addition to the requirements of Section 1145.05, final plans for development within the design review overlay district shall include facade elevation drawings, color renderings, and specifications as may be necessary to clearly illustrate the architectural design elements of the building or structure, including the construction materials, size, and color of all elements.    A material sample board shall also be provided showing
examples of proposed materials and colors to be used for all exterior elements.
   (e)   Design Standards.
      (1)   In considering the appropriateness of any change, the Design Review Board shall take into account, in addition to any other pertinent factors; the historical and architectural style and significance of the property; general design, arrangement, texture, material and color of the proposed change as related to the property in its present condition, and the relation thereof to the same or related factors in other properties, sites and areas in the immediate vicinity; and the potential economic enhancement of the community through the protection of property values.
      (2)   Attention shall be taken to avoid the environmentally harmful effect often created by the clash of contemporary materials with those of older origin, such as aluminum or other metals, plastic, fiberglass and glass improperly used with brick, stone, masonry, and wood.
      (3)   New developments within the design review district shall be compatible with the existing or planned character of the immediate surrounding area.
      (4)   The Design Review Board shall adhere to the criteria and guidelines for design review established pursuant to the terms of this chapter. Guidelines shall promote the conservation, development, and use of properties, sites and districts within the City and shall seek to preserve the special historic architectural, community or aesthetic integrity of the district.
      (5)   The Design Review Board may, at its discretion, seek and consider the advice of design consultants.
   (f)   Variances.
      (1)   Variances from the provisions of this chapter may be granted by the board of zoning appeals only if all of the following findings are made:
         A.   Strict conformity with the provisions of this chapter cannot be met without undue hardship due to physical circumstances or conditions of the property;
         B.   That granting the variance will not cause substantial detriment to the public good.
      (2)   The procedures for consideration of variances to this ordinance shall be in accordance with the requirements of Chapter 1175, except that the following criteria shall be used to determine the merits of a requested variance.
         A.   The proposed color, material or design will not substantially conflict with existing structures in the vicinity.
         B.   The proposed color, material or design is unlikely to set a precedent leading to similar requests which would generate or accelerate adverse changes in the vicinity.
         C.   The proposed color, material or design will not have any negative impact on present or planned historic sites or development in the vicinity.
         D.   If granted, the variance will not significantly affect fully compliant structures in the vicinity.
         E.   The variance will not grant special privileges to the applicant not available to other similarly situated properties within the overlay district.
         F.   No grant of a variance shall be binding upon or act as a precedent on future applications.
            (Ord. 4-21.  Passed 1-4-21.)