The (DR) Design Review District is intended to preserve and promote "Dutch Architecture" for commercial businesses. Development in the DR District must accommodate design and architectural parameters that are consistent with the heritage of the community. These architectural themes promote Pella as an attractive and unique community.
1. Permitted Uses. Uses permitted in the DR Design Review Overlay District are those permitted in the underlying base district.
2. Applicability. A design review permit is required for the following activities:
A. Any new commercial building within the DR District, or any existing commercial building within the DR District for which architectural detail modifications are proposed, shall be reviewed for architectural compliance to Dutch Architectural themes or other historical significance. Architectural detail modifications subject to review include any construction, maintenance, repair, alterations, modifications, painting, repainting, signs, graphics, visual displays, outdoor furniture and fixtures.
B. A design review permit is not required for any structure that is painted or repainted when the color used is the same as the color approved in the original building or design permit.
C. The replacement of outdoor furniture, fixtures and visual displays that are consistent with a prior permit shall be exempt from a design review permit.
D. Single or two-family residential uses in a commercial zoned area are exempted from design review unless they are located in a DURE Overlay District.
3. Community Development Committee Review. A design permit is reviewed by a committee comprised of nine (9) members, who are appointed by the City Council. The committee shall be known as the Community Development Committee. Each member shall be appointed for a term of three (3) years and shall be eligible for reappointment. A Chairperson shall be chosen from the members to serve for one year. The Chairperson can be reelected provided that no more than three (3) consecutive years have been served. The Committee shall meet at least once a month or more frequently as required to adequately fulfill any required duties.
A. The Committee shall advise the Building Official concerning all applications for building permits or design permits within the Design Review District, and to act in an advisory capacity to the City Council and the Mayor in all matters pertaining in the development of the Business District.
B. The Community Development Committee shall have the authority to inform the various departments of the City of any violations regarding architectural details, materials or colors. The Committee shall recommend to these departments appropriate action in compliance with current ordinances that are in force at the time of violation; subject to appeal procedures.
C. The Committee shall have the authority to review design permits for the placement, repair, alterations, modification, painting or repainting of any sign, graphic, visual display or outdoor furniture or fixtures, and to make recommendations to the various departments of the City concerning such requests.
D. The Community Development Committee shall not have the authority to bind the City by contract.
A design permit shall be required for any change of use from residential to commercial in the Design Review District.
4. Building/Design Permits.
A. Whenever application is made for a building/design permit for any building within the Design Review District, the Building Official shall refer said application, together with the plan and specifications for the proposed work, to the Committee for its recommendations.
B. The Committee shall review the proposed plans and specifications. The review shall include the proposed appearance, colors, texture, materials and architectural design of the exterior, including the front, sides, rear and roof of said building, and also including all parts of the building that are in a visual line from all areas or any alterations, modification or repair or any courtyard, fence or dependency thereof. The Design Review District Design Manual shall be used by both the applicant and the Committee for determining permitted Dutch architectural elements and colors. Architectural elements or colors which are not specifically identified in the Design Review District Design Manual may only be used upon approval of the Community Development Committee. After due consideration, the Committee shall promptly report to the Building Official its recommendations, including such changes, if any, as in the judgment of the Committee are reasonably necessary to comply with the requirements of this section. The Building Official shall take no action on the application for a permit until the expiration of fourteen (14) days or until the Building Official has received the recommendation of the Committee in writing, whichever occurs first.
C. The Committee shall also review the proposed plans and specifications, so far as they relate to the placement, alteration, modifications, repair of any signs, graphic, visual display, outdoor furniture of fixtures with respect to the appearance, colors, texture, materials and architecture and design factors of the sign, visual display, outdoor furniture or fixture, including all parts of same that are visible from all areas.
5. Building/Design Permit Denial. If the Committee recommends denial of a building/design permit, said recommendation must be delivered to the Building Official, who shall notify the applicant that the building/design permit shall not be issued and the reason therefor. The Building Official may proceed with issuance of a building/design permit upon amendment of the application to conform with the recommendations of the Committee pursuant to the powers and duties of the Building Official. Any person denied a building/design permit by the Building Official pursuant to the recommendation of the Committee may appeal the denial within thirty (30) days after notification of the denial to the City Council.
6. Violations and Penalties. Any person who violates, disobeys, omits, neglects or refuses to comply with or who resists enforcement of any of the provisions of this section, upon conviction, shall be in violation of this Code of Ordinances and subject to penalty for each offense. Proceeding with any construction work or repair work requiring a permit without applying for a permit shall be considered an offense and punishable by the provisions of this section. All departments, officials and employees of the City who are vested with the duty or authority to issue permits or licenses shall issue no such permit or license for any use, structure or purpose if the same would not conform to the provisions of this section.
7. Commercial Zoning District Rezoning. Any land rezoned to a commercial zoning district or annexed into the corporate limits as a commercial zoning district shall be concurrently rendered part of the DR Design Review Overlay District. The boundaries of the DR Design Review Overlay District shall be the same as the boundaries of the land that is being rezoned commercial.
8. Extraterritorial Zoning. Any land rezoned to a commercial zoning district as part of extraterritorial zoning jurisdiction shall be rendered part of the DR Design Review Overlay District concurrent with the adoption of extraterritorial zoning.
(Ord. 912 - Dec. 16 Supp.)