§ 190.320 DESIGN REVIEW.
   Design review is required in order to: provide for the orderly development and redevelopment in the Design Review District, the boundaries of which are defined on the Design Review District map (located at the end of this section); maintain and enhance property values; promote the health, safety and welfare of the community by facilitating development where the physical, visual and spatial characteristics are established and reinforced through appropriate design in harmony with the historic character of the area; provide for a Design Review Committee of the Planning Commission to act in the application of this provision; encourage creativity in the development and redevelopment of property in the Design Review District; and to ensure the standards and guidelines established by the ordinance are administered so as to encourage the disposition of development proposals without undue delay or cost to property owners in the district.
   (A)   Definitions. Because many of the words or terms used in design review are not in common usage, or they could be misconstrued as to meaning, the following definitions are to be used in the context of the use of this section. Terms not herein defined shall have the meaning customarily assigned to them, unless otherwise defined in this chapter.
      APPEARANCE. The outward aspect of a building structure or site visible to the public.
      APPROPRIATE. Sympathetic, or fitting, to the context of the site and the whole community.
      APPURTENANCES. The visible, functional objects accessory to and part of buildings.
      ARCHITECTURAL CONCEPT. The basic aesthetic idea of a building, or group of buildings or structures, including the site and landscape development, which produces the architectural character.
      ARCHITECTURAL FEATURE. A prominent or significant part or element of a building, structure or site.
      ARCHITECTURAL STYLE. The characteristic form and detail, as of buildings of a particular historic period.
      DESIGN REVIEW DISTRICT. The area designated on the Design Review District map of this chapter.
      CHARACTER. The combination of traits which, when considered together, distinguish specified land and/or development from other specified land and/or development. In assessing CHARACTER, the following may be considered, along with any other expressly identified factors:
         (a)   Percentage of a lot(s) covered by structures and other impervious improvements;
         (b)   Type or style of structure(s);
         (c)   Traffic flow and pattern, and the relationship of traffic to pedestrian and vehicular thoroughfares;
         (d)   Density of land uses; and
         (e)   Intensity of uses.
      EXTERIOR DESIGN FEATURE. The general arrangement of any portion of a building, sign, landscaping or structure and including the kind, color and texture of the materials of such portion and the types of roof, windows, doors, lights, attached or ground signs or other fixtures appurtenant to such portions, as will be open to public view from any street, place or way.
      GRAPHIC ELEMENT. A letter, illustration, symbol, figure, insignia or other device employed to express and illustrate a message or part thereof.
      HARDSCAPE. Any exterior paving such as driveways, sidewalks, patios and terraces which are constructed of a brick-paver, stone, compacted gravel, concrete or bituminous concrete surface.
      LANDSCAPING. Any modification or embellishment of the plant cover or hardscape of a property.
      MAJOR ARCHITECTURAL CHANGE. The following: change in roof pitch, structural additions or removals, covering or replacement of facade materials, decorative trim, and/or exterior trim which is not similar in texture, dimension or proportion to the original, and changes to door and window opening or style.
      ORDINARY MAINTENANCE. Keeping a building, structure or other exterior architectural features unimpaired, and in good condition through ongoing minor intervention, undertaken from time to time, in its exterior condition. ORDINARY MAINTENANCE does not change the exterior architectural appearance, except through the elimination of the usual expected effects of time and weathering. ORDINARY MAINTENANCE, such as repainting, repairs to broken windows, and caulking does not constitute work as herein defined. ORDINARY MAINTENANCE does not include replacement of existing signage, repainting of signage or repainting of a building to a different color than the current building color.
      PAINTING. Applying a different color of paint or stain over what is currently visible on the exterior. Existing brick building that have not been previously painted shall not be painted without approval of the Design Review Committee.
      REPAINTING. Applying the same color of paint or stain as currently exists on the exterior as a part of ordinary maintenance. REPAINTING does not constitute work for the purpose of this chapter.
      REPAIR. To restore a decayed or damaged building or architectural feature to a good or sound condition by any process. REPAIRS which do not change the exterior architectural appearance, except through the elimination of the usual and expected effects of time and weathering do not constitute work.
      SHINGLING. Replacing an existing roofing material with a new material. New materials should convey the same visual appearance as the existing materials or the documented, historic, roofing materials.
      SIGNIFICANT. Important to the overall character of a building and essential to the preservation of the architectural style of the Design Review District, such as changes in exterior design features as defined herein and including alteration or enlargement of signage, and changes in architectural trim features. All changes shall however, comply with the design guidelines and design review ordinance to the extent possible.
      WORK. Any activity which changes the exterior architectural appearance of a building.
   (B)   Design Review Committee.
      (1)   Creation. A Design Review Committee shall be appointed by the City Council for the purpose of assisting the City Council to: preserve, protect and enhance the aesthetic appeal of the Design Review District; protect property values through the application of good design principles; and promote the general health, safety and welfare of the Design Review District and the community.
      (2)   Membership.
         (a)   The Design Review Committee shall consist of not less than five members all of whom shall be residents of the city. The Committee shall consist of one member from each of the following commissions or departments:
            1.   Planning Commission: a PC member as appointed by the Chair and approved by the PC;
            2.   Cultural and Historical Commission: the President of the Commission or her or his designee;
            3.   Downtown Development Authority: a DDA member as appointed by the Chair and approved by the DDA;
            4.   Engineering and Building Department: the City Engineer or his or her designee;
            5.   Resident at large appointed by Mayor and approved by City Council.
         (b)   Appointments shall be for a period of three years and appointment may be extended by reappointments. The Review Committee, as it determines necessary or appropriate, shall utilize the assistance of planning, architectural and other consultants. The Review Committee shall seek the assistance of relevant experts in an effort to achieve accord in those instances in which the applicant objects to the decision of the Review Committee.
      (3)   Requirement for approved design; nature of review. In the Design Review District, no permit required under the ordinances of the city for a sign or for the erection, construction, alteration or repair of any building or structure which involves a major architectural change or a significant change to an exterior design feature shall be issued by the city unless and until the Design Review Committee has reviewed and approved such activity. The Building Official may determine that no major architectural change or significant exterior design feature is involved in the work for which the approval is sought, in which case, no review by the Design Review Committee shall be required. The Building Official may request a review by the Design Review Committee where a question arises relative to whether proposed exterior changes fall within the intent of the design review ordinance and guidelines. Design review shall not apply to repair, ordinary maintenance as defined herein, or landscape activities. The Building Official may, however, impose requirements stated in the design guidelines when issuing permits for work that is otherwise exempt from a formal design review process.
      (4)   Review meeting attendance and appeals. The property, business owner or a representative must be present for the Design Review Committee meeting at which the applicant’s request is being reviewed. A quorum of the Design Review Committee (at least three members) must be present for the review and action on an application. Should an application be denied, an appeal may be made to the City Council.
      (5)   Design guidelines. The design guidelines (available in the engineering and building department) established by the Planning Commission for the Design Review District shall serve as a guide to the Design Review Committee in the review of plans.
   (C)   Administration.
      (1)   As a separate and distinct part of site plan review, drawings and plans shall be submitted to the city at a scale in sufficient detail to illustrate clearly the design for which approval is sought.
      (2)   Such plans shall show the following:
         (a)   Existing conditions (both public and private) and natural features, all structures and uses, improvements, public streets rights-of-way, sidewalks, public and private easements and restrictions for the subject site and immediately abutting property;
         (b)   Site plans showing buildings in plan view and showing site features as they relate to property lines and to abutting properties and buildings;
         (c)   Architectural drawings of all exterior building elevations, colors of exterior walls, trims and roofs, lighting materials, ornamental, pictorial or decorative material to be used in or about the exterior of the structure. Samples of building materials and colors may be required to be submitted; and
         (d)   Such other information as may be required by the Design Review Committee to permit reasonable consideration of the application.
   (D)   Design Review Committee action. The Design Review Committee may approve, conditionally approve or disapprove signs on behalf of the city. Actions of the Design Review Committee on signs shall be appealable to the City Council.
      (1)   Upon the granting of an approved design or amendment thereto, the exterior drawings, sketches, landscape and site plans, renderings and materials upon which an approved design or amendment was granted shall be turned over to the Building Official, whose responsibility it shall be to determine, from time-to-time as the project is in progress and finally upon its completion, that there have been no deviations therefrom.
      (2)   It shall be the duty of the person, firm or corporation to whom an approved design has been granted to comply therewith, and to obtain such inspections as may be necessary in order to assure compliance. The Building Official may notify such persons of any deficiencies found to exist. Failure to comply with an approved design will constitute a violation of this chapter. Before any use may be made of improvements constructed under these provisions of design review, a final inspection of these premises must be obtained from the Building Official.
   (E)   Design criteria.
      (1)   Criteria.
         (a)   The purpose of these criteria is to establish a checklist of those items that affect the physical aspect of the Design Review District environment. Pertinent to appearance is the design of the site, building and structures, planting, signs, street hardware and miscellaneous other objects which are observed by the public. The design guidelines established by the Planning Commission shall serve as the guidelines for review by the Design Review Committee.
         (b)   These criteria are not intended to restrict imagination, innovation or variety, but rather to provide a guide for decision-making and assist in focusing on design principles, which can result in creative solutions that will continue to develop and enhance a satisfactory visual appearance within the Design Review District.
      (2)   Relationship of building site.
         (a)   Parking areas where provided shall be treated with decorative elements, building wall extensions, plantings, berms or other innovative means so as to largely screen parking areas from view from public ways.
         (b)   To the extent reasonably feasible, the height and scale of each building shall be compatible with its site and adjoining buildings. A building may exceed the height of adjoining buildings up to the maximum height permitted by ordinance, but said building shall be compatible with adjoining buildings in regards to architectural style and exterior design features to the extent reasonably feasible.
      (3)   Relationship of building and site to adjoining area.
         (a)   Adjacent buildings of different architectural styles that are in harmony with the overall design guidelines shall be respected in the design or alterations of a building site.
         (b)   To the extent reasonably feasible, harmony in texture, lines and masses are required.
         (c)   To the extent reasonably feasible, the building and site shall not be inconsistent with the character (as defined in this chapter) of the area.
      (4)   Building design.
         (a)   Architectural style is not restricted. Evaluation of appearance of a project shall be based on quality of its design and relationship to surroundings.
         (b)   To the extent reasonably feasible, buildings shall have good scale and be in harmonious conformance with permanent neighboring development.
         (c)   Materials shall have good architectural character and shall be selected for harmony of the building with adjoining buildings.
         (d)   Materials shall be selected for suitability to the type of buildings and the design in which they are used. Buildings shall have the same materials, or those that are architecturally harmonious, used for all building walls and other exterior building components wholly or partly visible from public ways.
         (e)   Inappropriate materials and methods, and those which will produce inconsistency with the structure of those building, shall be avoided.
         (f)   Materials shall be of durable quality.
         (g)   Building components, such as windows, doors, eaves and parapets, shall have good proportions and relationship to one another.
         (h)   Colors shall be harmonious, and not used to draw attention (e.g., serving as a sign).
         (i)   Mechanical equipment or other utility hardware on roof, ground or buildings shall be screened from public view with materials harmonious with the building, or they shall be located so as not to be visible from any public ways.
         (j)   Exterior lighting shall be part of the architectural concept. Fixtures, standards and all exposed accessories shall be harmonious with building design.
         (k)   Refuse and waste removal areas, service yards, storage yards’ and exterior work areas shall be screened from view from public ways, using materials as stated in criteria for equipment screening.
         (l)   Inappropriate, incompatible, bizarre and exotic designs shall be avoided.
         (m)   To the extent reasonably feasible, the building design shall not be inconsistent with the character (as defined in this chapter) of the area.
   (F)   Signs. The provisions of this chapter in regard to signs shall be part of the criteria of this division (F). In addition to zoning ordinance standards, the design guidelines (available in the Engineering and Building Department) established by the Planning Commission shall serve as a guide for sign design.
      (1)   Wall signs shall be part of the architectural concept. Size, color, lettering, location, and arrangement shall be harmonious with the building design, and shall be compatible with signs in conformance with zoning standards on adjoining buildings. Signs shall have good proportions.
      (2)   Identification signs of a prototype design shall conform to the criteria for signs.
      (3)   Materials used in signs shall have good architectural character and be harmonious with building design and surrounding landscape.
      (4)   Every sign shall have good scale in its design and in its visual relationship to buildings and surroundings.
      (5)   Colors shall be used harmoniously. Brilliant colors shall be avoided. Lighting shall be harmonious with the design. If external spot or ground lighting is used, it shall be arranged so that the light source is shielded from view.
   (G)   Miscellaneous structures and street hardware.
      (1)   Miscellaneous structures include any structures, other than buildings, visible to view from any public way or ways. Street hardware includes all objects not commonly referred to as structures and located in streets and public ways and outside of buildings.
      (2)   Miscellaneous structures and street furniture located on private property shall be designed to be part of the architectural concept of design and landscape. Materials shall be compatible with buildings, scale shall be good, colors shall be in a harmony with buildings and surroundings, and proportions shall be attractive.
      (3)   Miscellaneous structures and street hardware located in public ways and other public property shall be harmonious with design of adjacent buildings and other structures and landscape.
      (4)   Lighting in connection with miscellaneous structures and street hardware shall meet the criteria applicable to site, landscape, buildings and signs.
      (5)   The provisions of this chapter in regard to area and bulk regulations and standards, and of those portions of the Building Code which directly affect appearance, shall be part of the criteria of this division (G).
   (H)   Maintenance; planning and design factors.
      (1)   Continued good appearance depends upon the extent and quality of maintenance. The choice of materials and their use, together with the types of finishes and other protective measures, must be conducive to easy maintenance and upkeep.
      (2)   Materials and finishes shall be selected for their durability and wear as well as for their beauty. Proper measures and devices shall be incorporated for protection against the elements, neglects, damage and abuse.
      (3)   Provision for washing and cleaning of buildings and structures, and control of dirt and refuse, shall be included in the design. Such configurations that tend to catch and accumulate debris, leaves, trash, dirt and rubbish shall be avoided.
   (I)   Exceptions. Existing single-family, two-family and multiple-family dwellings shall be exempt from design review.
 
(Prior Code, App. A, § 2300) (Ord. 1277, passed 4-2-2007; Ord. 1386, passed 8-12-2013)