Design review shall be required pursuant to the provisions of this chapter for developments and alternate building and site design features as specified within individual zoning districts before building permits may be issued.
A. Administrative Review: The planning director may approve, approve with modifications, deny or refer to the planning commission modifications to specific design standards when proposed as new construction, an addition or modification to the exterior of an existing structure, or a modification to an existing structure as authorized in Section 21A.59.040, Table 21A.59.040 of this chapter or when authorized in the specific zoning district.
1. The director shall approve a request to modify a design standard if the director finds that the proposal complies with the purpose of the individual zoning district, the purpose of the individual design standards that are applicable to the project, the proposed modification is compatible with the development pattern of other buildings on the block face or on the block face on the opposite side of the street, and the project is compliant with the applicable design review objectives (Section 21A.59.050 of this chapter).
2. The director may approve a request to modify a design standard with conditions or modifications to the design if the director determines a modification is necessary to comply with the purpose of the base zoning district, the purpose of the applicable design standards of the base zoning, to achieve compatibility with the development pattern of other buildings on the block face or on the block face on the opposite side of the street, or to achieve the applicable design review objectives.
3. The director shall deny a request to modify a design standard if the design does not comply with the purpose of the base zoning district, the purpose of the applicable design standards or the applicable design review objectives and no modifications or conditions of approval can be applied that would make the design comply.
4. The director may forward a request to modify a design standard to the planning commission if the director finds that the request for modification is greater than allowed by this chapter, a person receiving notice of the proposed modification can demonstrate that the request will negatively impact their property, or at the request of the applicant if the director is required to deny the request as provided in this section.
B. Planning Commission Review: The following types of applications shall be reviewed by the planning commission. If an application for design review is not listed below, it shall be eligible for administrative review as outlined in Subsection A of this section:
1. All projects where planning commission review is required in the specific zoning district.
2. All projects that include a request for additional building height or a reduction to a minimum height requirement;
3. All projects that request additional square footage when authorized in the specific zoning district;
4. All projects that have applied for a modification of base zoning design standards but could not be approved administratively because they exceed limits identified in Section 21A.59.040, Table 21A.59.040 of this chapter.
5. Projects in the TSA Transit Station Area District that have a development score that requires planning commission review and approval.
C. Planning Commission Decisions: When reviewing design review applications, the planning commission may take any of the following actions:
1. The commission shall approve a project if it finds that the proposal complies with the purpose of the zoning district and applicable overlay district(s), the purpose of the individual design standards that are applicable to the project, and the project is compliant with the applicable design review objectives found in this chapter.
2. The commission may approve a project with conditions or modifications to the design if it determines a modification is necessary to comply with the purpose of the base zoning district, the purpose of the applicable design standards of the base zoning, or the applicable design review objectives.
3. The commission shall deny the design of a project if the design does not comply with the purpose of the base zoning district, the purpose of the applicable design standards or the applicable design review objectives and no modifications or conditions of approval can be applied that would make the design comply.
D. H Historic Preservation Overlay District: Modifications to design standards for properties within an H Historic Preservation Overlay District are subject to the processes and applicable standards outlined in Section 21A.34.020 of this title and not this chapter. (Ord. 24B-23, 2023: Ord. 24-23, 2023: Ord. 14-19, 2019)