a.

Purpose and intent. The purpose of the Downtown Urban Design District (hereafter in this Division, "District") is to establish design standards for new construction and certain renovations of property in the downtown area in order to protect and enhance the character of downtown, encourage economic development and protect property values.

b.

Boundaries of Downtown Urban Design District. The District includes all land located within the area bounded by the following:

Beginning at a point in the west right-of-way line of Washington Street, same being the southeast corner of Lot 1, Block 1, Flynns Addition;

Thence north along the west right-of-way line of Washington Street to a point being the northeast corner of Lot 9, Block 7, The Revised Map of Madden Addition;

Thence northeasterly across SW 11 ^th Avenue to a point being the southeast corner of Lot 5, Block 130, Plemons Addition;

Thence north along the west right-of-way line of Adams Street to a point being the northeast corner of Lot 1, Block 70, Glidden and Sanborn Addition;

Thence east along the south right-of-way line of SW 5 ^th Avenue to a point being the northeast corner of Lot 20, Block 65, Glidden and Sanborn Addition;

Thence north along the west right-of-way line of the 20ft. alley in Block 65, Glidden and Sanborn Addition as projected north to a point being 150ft. north of the northeast corner of Lot 18, Block 9, Glidden and Sanborn Addition;

Thence east along the north property line as projected east to a point being 90ft. north of the northeast corner of Lot 1, Block 2, Glidden and Sanborn Addition;

Thence northeasterly to a point being 185 ft. north of the northwest corner of Lot 10, Block 1, Glidden and Sanborn-Holland Addition;

Thence east to a point being 190 ft. north of the northeast corner of Lot 1, Block 347, Holland's Addition;

Thence south along the east property line Lot 1, Block 347 as projected north, to a point 190 ft. south of the southeast corner of Lot 5, Block 347, Holland's Addition;

Thence southwesterly along the west line of the BNSF railway property, crossing SE 3 ^rd and SE 4 ^th Avenues, to a point 380 ft. east of the northeast corner of the SE 5 ^th Avenue and Grant Street intersection;

Thence west along the north right-of-way line of SE 5 ^th Avenue as projected east from the northeast corner of the SE 5 ^th Avenue and Grant Street intersection, to a point being 180 ft. east of the just mentioned intersection;

Thence south along the east right-of-way line of the 20 ft. alley in Block 352, Mirror Addition as projected south, to a point being 25 ft. east of the northeast corner of Lot 24, Block 402, Mirror's Addition;

Thence southwesterly to a point being the northeast corner of Lot 1, Block 205, Plemons and Mirror Addition;

Thence continuing southwesterly to a point being the southeast corner of Lot 5, Block 235, LA Wells Subdivision;

Thence westerly to a point being the southeast corner of Lot 28, Block 235, LA Wells Subdivision;

Thence west along the south lot line of Lot 28, Block 235 as projected west to a point being the southwest corner of Lot 5, Block 239, JW Cartwright's Subdivision;

Thence west along the north right-of-way line of Interstate-40 west to a point being the southeast corner of Lot 1, Block 1, Flynns Addition and being the point of beginning.

c.

Relationship of Downtown Urban Design District to the Base Zoning Districts. The Downtown Urban Design District is a zoning overlay that supplements the primary underlying zoning district classification. The permitted uses of the property shall be determined by the use regulations set forth for the primary zoning district classification for the property. Development of projects in the District shall be subject to the Downtown Urban Design Standards in accordance with this Division. In the event of any conflict between such Standards and any provision of this article, the Standards shall control for propertied within the District.

(Ord. No. 7223, § 2, 7-20-2010)

Development in the District is subject to the development standards contained in the "Downtown Urban Design Standards" (hereafter in this Division, "Standards") as stated in the Exhibit attached to this Division. The Downtown Urban Design Standards are hereby approved and adopted. Such Standards shall be appended to the zoning ordinance, Chapter 4-10 of the Municipal Code of Ordinances as Appendix XXI (B). In the event there is a difference between the Standards and this Division that cannot be harmonized, then the provisions in the Standards shall prevail.

(Ord. No. 7223, § 2, 7-20-2010)

Editor's note— It should be noted that the Exhibit referenced above is not set out at length herein, but is on file and available for inspection in the planning department of the city.

a.

Within the District, issuance of a certificate of appropriateness reflecting compliance with the Standards is required as a prerequisite condition for the issuance of any building permit by the Building Safety Department for projects described in the next sentence. Applications for a building permit may be submitted in conjunction with an application for a certificate of appropriateness, however, no building permit shall be issued for new construction, expansion, renovation, remodeling or other alterations to the exterior of any building (other than painting), parking lot, or public right-of-way or common area open to the public within the District, until a certificate of appropriateness reflecting compliance with the Standards is approved by either the Downtown Design Review Board or the Planning Department as provided in this Article.

b.

Although the Standards address a variety of features or aspects, only the activity or activities to be actually undertaken by the property owner or tenant is subject to review for compliance with the Standard applicable to that feature or aspect undertaken.

c.

A Certificate of Appropriateness certifies only that the submitted plans and other documents comply with the Downtown Urban Design Standards. It does not waive or certify compliance with any other applicable law, ordinance, or procedures such as but not limited to: platting and subdivision regulations, Americans with Disabilities Act, various building and construction codes, environmental, health and safety laws, matters within the purview of general or base zoning regulations for the location.

d.

A Certificate of Appropriateness expires one (1) year after date of approval.

e.

(i)

The Planning Director or designee is authorized to review and approve a certificate of Appropriateness for any of the following items that meet the Standards:

• Signage

• Landscaping and street lighting

• Sidewalk construction, including trees and furnishings

• Minor modifications to the exterior of existing buildings (but excluding painting). For purpose of this subsection, a "minor modification" means one that is not a "major modification" as defined below.

• Temporary construction facilities

• Historic buildings restored to the original state (in kind)

(ii)

Only the Downtown Design Review Board may approve a Certificate of Appropriateness for the following items:

• New construction (meaning construction of a new building on the property)

• Major modification to the exterior of buildings (but excluding painting), which means exceeding fifty (50) percent of the existing building value as shown on the tax rolls (prior to the improvement) and the improvement has a cost of fifty thousand dollars ($50,000.00) or greater.

• Matters that Planning Director or designee refers to the Board

• Requests that vary from the Standards

(Ord. No. 7223, § 2, 7-20-2010)

A pre-design conference with the Planning Director or designee is required before an applicant makes application for a certificate of appropriateness that is to be heard by the Design Review Board. These same materials are required for a certificate of appropriateness that is intended to be issued by the Planning Director or designee. Applicant must provide either an electronic version or two (2) hard copies of a site plan containing the following information to (as applicable to the nature of the specific project):

1.

Footprints of all existing structures;

2.

Proposed footprints of all new structures;

3.

Existing structures adjacent to the property;

4.

Existing and proposed floor plans of first and second floors (schematic drawings);

5.

Building setbacks;

6.

Location of parking areas;

7.

Location of landscape areas;

8.

Two (2) copies of building elevations for all sides of the building;

9.

Photographs of the site and adjoining properties.

(Ord. No. 7223, § 2, 7-20-2010)

The following materials shall be submitted to the Planning Department in connection with an application for a certificate of appropriateness to be heard by the Downtown Design Review Board. The materials must be submitted at least fourteen (14) days before the meeting of the design review board at which the application for a certificate of appropriateness will be considered. The applicant shall provide an electronic version or ten (10) hard copies of each of the following items as appropriate to the nature of the project:

1.

Site plan including:

a.

Footprints of all existing structures;

b.

Proposed footprint of all new structures;

c.

Existing structures adjacent to the property;

d.

Building setbacks;

e.

Location of parking areas, parking lot islands, driveways, sidewalks, walkways, loading areas, walls or fences, utilities, lighting, signage, at grade mechanical units, dumpsters, and all other site improvements.

2.

Landscape plan including location and dimension of areas to be landscaped (including private property, adjoining right-of-way and parking lot islands), total amount of landscaped area, location, number and planting size of all trees, shrubs, and groundcover, location and coverage of irrigation system, and location and description of street furniture.

3.

Schematic floor plans depicting the arrangement of interior spaces, location of windows and doors, mechanical equipment, electrical meter and utility locations. First floor site plans should show the relationship between the first floor and the site.

4.

Schematic building elevations for all sides of the building(s) showing design of all elevations, existing grade, proposed grade, finish floor elevations, roof slopes, mechanical vents and equipment, location and type of outdoor light fixtures, design and location of all wall sign(s) and notations regarding exterior colors and material.

5.

Material specification outline with samples, brochures and/or photographs of all exterior building and site materials, finishes and fixtures.

6.

For all detached signs, site plans drawn to scale indicating sign location and drawings of proposed sign, lettering and graphics, drawn to scale of at least one-quarter (¼) inch to the foot including any support structures. Colors of the proposed sign shall be indicated on the drawing and actual color samples shall also be furnished. Any proposed illumination shall be indicated on the drawing.

(Ord. No. 7223, § 2, 7-20-2010)

Neither the Planning Director nor Downtown Design Review Board shall deny a certificate of appropriateness because a project does not comply with a preference, as opposed to a required element in the Standards adopted in Section 4-10-121.

(Ord. No. 7223, § 2, 7-20-2010)

a.

All decisions of the Planning Director or designee may be appealed by the applicant to the Downtown Design Review Board by submitting a written appeal to the Planning secretary within ten (10) days after receipt of notification of the planning and development director's or a designee's decision. The Downtown Design Review Board may uphold, reverse or modify the decision of the Planning Director or a designee.

b.

All decisions by the Downtown Design Review Board may be appealed to the Zoning Board of Adjustment by the applicant by following the procedures provided in Chapter 4-10, Article II, Division II. A copy of the written notice of appeal must be filed with the Planning Department secretary.

c.

Except as may be specifically provided otherwise in this Article, the Zoning Board of Adjustment shall provide notices and in all things conduct this appeal just as it would an appeal from a decision of the Building Official under Article II, Division 2 of this chapter. The secretary of the Planning Department shall forward to the Zoning Board of Adjustment a complete record of the matter, including a transcript of the tape of the hearing before the Downtown Review Board. The Zoning Board of Adjustment shall:

1.

Hear and consider testimony and evidence concerning the previous recommendations and actions of the city staff and the Downtown Design Review Board;

2.

Hear new testimony and consider new evidence that was not available at the time of the hearing before the Downtown Design Review Board;

3.

Apply the substantial evidence test to the decision of the Downtown Design Review Board, considering the record made before the Downtown Design Review Board;

d.

In addition to dispositions authorized in Article II, Division 2 of this Chapter, the Zoning Board of Adjustment may uphold, reverse, modify the decision of the Downtown Design Review Board; or, remand the case back to the Downtown Design Review Board for further proceedings consistent with specific guidance given by Zoning Board of Adjustment.

e.

The appellant may withdraw an appeal at time prior to a determination by the Downtown Design Review Board or the Zoning Board of Adjustment.

f.

A hearing before the Zoning Board of Adjustment shall exhaust the administrative remedies of the property owner/appellant under this chapter. Any owner/appellant aggrieved by the decision of the appeals board may file suit in district court.

(Ord. No. 7223, § 2, 7-20-2010)