(a) Purpose of provisions. The intent and purpose of design review is to promote the general welfare by encouraging attention to site planning and giving regard to the natural environment, creative project design and the character of the neighborhood or area in which apartments, commercial or industrial development takes place.
(b) Administration.
(1) Action. Within 60 days of receipt of design plans in conformance with all aspects of this code, the Planning Commission shall approve, disapprove or approve with conditions all design review plans required by this section.
(2) Findings. Action by the Planning Commission shall be based upon written findings pursuant to the criteria of this section.
(3) Appeal. Action of the Planning Commission may be appealed to the City Council by the applicant or adjacent property owner provided:
a. the appellant delivers to the City Clerk within 20 days after the decision of the hearing body, a written notice of appeal, stating his reasons for appeal based upon the criteria of this section;
b. Fee required. At the time of the filing of the application for approval of a design review plan, the applicant shall pay a fee to be determined by resolution of the City Council.
(c) Applicability.
(1) Except for single-family or mobile home dwellings, no building permit or approval for construction shall be issued except in conformance with this section.
(2) All new buildings, structures and physical improvements and relocation, addition, extension and exterior changes of or to existing buildings, structures and physical improvements shall be subject to design review including preparation of a design plan.
(3) "Physical improvement" as used in this section includes, but is not limited to, parking lot areas in excess of three spaces and loading areas, retaining walls, signs, and cut and fill or grading action.
(d) Design review procedure.
(1) Conformity to site plan.
a. No building permit, grading permit, parking permit or sign permit shall be issued, nor any use commence or be enlarged, changed or altered until a design review plan, as required under this chapter is approved by the Planning Commission, or as may be prescribed pursuant to this section;
b. As may be determined by the Planning Commission or, a grading permit, parking permit or sign permit may be approved after preliminary consultation with an applicant, provided adequate evidence and findings indicate compliance with the intent and purpose of this section;
c. The Planning Commission may approve changes in approved design plans when he determines the changes will not significantly alter the character, density, intensity or otherwise significantly change the plan. Significant changes must be approved anew as required by this section.
(2) Application for design review. The applicant for approval of a design review plan shall consider the intent and purpose and the standards of this section in preparing a design plan as herewith required. As a minimum, the design plan must contain the following:
a. site plan, showing topography, and vicinity map;
b. Architectural drawings, preferably prepared by a licensed architect.
The application and design plan and support documentation shall be submitted to the City Clerk for distribution to the Planning Commission.
(3) Standard& and criteria. The review, and approval of design plans and proposals as set forth herein, based on the following criteria, shall assure that a development or physical improvement is designed and located in a manner which will best satisfy the purpose and intent of this section.
a. Relationship to neighborhood and areas.
1. It will not impair or interfere with either the development use, or enjoyment of other property in the vicinity, or the orderly and pleasing development of the neighborhood or area as a whole, or the design functions of public lands and rights-of-way.
2. It will not directly, or in a cumulative fashion, impair, inhibit, or limit further investment or improvements in the vicinity, on the same or other properties, including public lands and rights-of-way.
b. Project development.
1. It will properly and adequately perform or satisfy its functional requirements without being unsightly or creating substantial disharmony with regard to its locale and surroundings.
2. It will provide a safe, pleasing and liveable environment for those people utilizing the development, and immediate neighbors or community as a whole.
3. It shall reasonably conform to the natural contours of the site, incorporating special designs, where appropriate, to accommodate unique topographic features.
(e) Design Criteria. It will minimize or eliminate adverse visual effects which might otherwise result from unplanned or inappropriate development design. Such adverse effects may include, but are not limited to those produced by the design and locational characteristics of:
(1) The scale, mass, height, area and materials of buildings and structures;
(2) Surface and subsurface drainage and appurtenant structures;
(3) Cut and fill or the reforming of the natural terrain and structures appurtenant thereto such as retaining walls;
(4) Areas, paths, and rights-of-way for the containment, movement or general circulation of persons, animals, vehicles, conveyances and watercraft;
(5) Other developments or improvements such as, but not limited to, utility lines, storage or service areas and advertising features, which may result in a diminution or elimination of sun and light exposure, views, vistas, privacy, and general aesthetic value of the neighborhood or area.
(f) Bonding and assurances. The Planning Commission shall require a bond or other adequate assurance as a condition of the design plan that conformance to the approved design plan is completed. The Planning Commission may approve and release bonds up to $50,000. The bond or other assurance shall be released when conformance to the design plans is certified by the Administrative Official.
(g) Validity period. Design plans approved by the Administrative Official shall remain valid for a period of one year following the date of its approval. If at the end of that time construction has not begun, then the site plan approval shall lapse and shall be in effect only if resubmitted to the Planning Commission and again approved. All construction and development under any construction permit shall be in accordance with the approved design plans. Any departure from such plan other than provided for in this section shall be a cause for revocation of a construction permit. Any proposed changes in an approved plan shall be submitted to the Planning Commission in accordance with this section for review and approval.
(h) Off-site improvement and right-of-way. Right-of-way necessary to conform to the comprehensive development plan and off-site improvements including but not limited to street improvements, pedestrian ways, lighting and signalization may be required upon the Planning Commission finding that a likelihood of an increased need for such improvements is created by the proposed development.
(Ord. 81-12, passed 6-3-81)