9-19-3: GENERAL REGULATIONS:
The standards in this chapter use the word "shall" while the guidelines use the word "should". Regardless of which term is used, each standard and guideline must be addressed by an applicant. The city will expect to see how the design of a project has responded to each standard and guideline. The "shall" statements, with such wording, indicate requirements and offer relatively little flexibility unless choices are provided within the statements themselves. All projects must include these elements as described unless determined by the design review authority that an alternative design proposed by the applicant meets the general intent and purpose of the design standards and guidelines. However, the guidelines that use the word "should" are meant to be applied with flexibility. They indicate that the city is open to design features that are equal to, or better than, those stated, so long as the intent is satisfied. The applicant assumes the burden of proof to demonstrate how a proposed design meets the standards and guidelines and determination will be made by the design review authority. Applicant has the right to appeal the decision of the design review authority. Appeals will be decided by a subcommittee of the city council. (Ord. 1628, 1-12-2015)