This chapter and its regulations are adopted pursuant to the authority and purposes of article 12, section 2 of the Idaho Constitution, enabling statutes, the Bellevue Charter, Idaho Code section 67-6501, the Bellevue Comprehensive Plan, and this title, each incorporated herein by reference, and for the following purposes:

   A.   To ensure that the general appearance of building design and construction shall be orderly and harmonious;

   B.   To protect the historical character and significance of the community;

   C.   To ensure appropriate and adequate landscaping;

   D.   To protect and enhance the beauty and character of the community;

   E.   To minimize the impact of vehicular traffic on adjacent streets to prevent traffic congestion;

   F.   To provide for proper ingress and egress with safe, adequate and efficient pedestrian and vehicular traffic systems;

   G.   To coordinate on site vehicular and nonvehicular traffic circulation patterns with adjacent transportation systems;

   H.   To ensure efficient arrangement of on site parking, building location, adequate accesses and uses of lands; and to minimize visual impact;

   I.   To provide for and protect existing light, air, solar access and orientation, privacy, views and vistas by proper and efficient location of building sites and design layout;

   J.   To protect and preserve wildlife, streams, natural topography and other desirable natural features and qualities such as, but not limited to, skyline ridgetops, knoll ridges, established trees and shrub masses, topsoil, streambeds and stream banks, and drainage swales;

   K.   To provide adequate usable open space in a manner which is appropriate for the development and uses of lands;

   L.   To prevent unnecessary excavation or fill for building foundations, access roads, driveways and similar improvements;

   M.   To protect and conserve the economic base of the community, including property values;

   N.   To encourage and promote energy conservation and alternative energy sources as well as other advanced technologies; and

   O.   To prevent soil erosion and flood damage. (Ord. 2015-02, 4-20-2015)

   A.   All definitions set forth in this title, including subsequent amendments hereto and subsequent zoning ordinances adopted by the City, are hereby adopted and incorporated herein by reference.

   B.   The word "print", for the purpose of this chapter, shall mean any copy of an original which reproduces exactly the original drawing. (Ord. 2015-02, 4-20-2015)

   A.   Business, Limited Business/Residential, Light Industrial, Light Industrial/Mixed Business, And Transitional Districts: No person shall commence construction repairs on any new building, or placement of any building upon property, or construction of any addition, alteration, or change to or demolition of the exterior of any building, excluding necessary maintenance, within the Business Zoning District, Limited Business/Residential Zoning District, Light Industrial/Mixed Business Zoning District, Light Industrial Zoning District, or Transitional Zoning District in the City without first receiving applicable design review approval as required by this chapter. No application for a building permit, demolition permit or other permit shall be received or such permit issued by the City for such construction or other work, excluding necessary maintenance, until design review approval has been obtained as applicable herein. (Ord. 2015-02, 4-20-2015; amd. 2018 Code)

   B.   Change Of Use: Change of use shall require an approved large scale conditional use permit for any building exceeding a twenty eight thousand (28,000) square foot building per parcel or lot and shall be in compliance with defined uses per sections 10-7-2 and 10-7-4 of this title and shall comply with chapter 16 of this title.

   C.   ADU (Accessory Dwelling Unit), Multi-Family And Townhouses In All Zoning Districts: No person shall commence construction or placement of any ADU, multi-family dwelling or townhouse, or make any addition, alteration or change to the exterior of any such building, or commence demolition, excluding necessary maintenance thereof, within any zoning district within the City without first having obtained design review approval therefor under the procedures, requirements, standards and criteria of this chapter. The design review application shall provide all the information required in section 10-17-4 of this chapter. In order to receive approval, the application shall meet the standards and criteria set forth in subsections 10-17-5A1 through A10, inclusive; subsections 10-17-5B1b through B1d; and subsections 10-17-5C1 through C7, inclusive, of this chapter. (Ord. 2015-02, 4-20-2015)

   A.   The following materials and information, together with the application form and fees, shall constitute a complete application for design review and shall be filed by the applicant prior to consideration of the application by the commission:

      1.   Site map of the property upon which the proposed construction is to occur shall be submitted in sufficient detail to show the following:

         a.   Exterior boundary lines of the property, together with dimensions.

         b.   Location of proposed and existing structures, with dimensions thereof, showing the setback of each structure from the nearest property line.

         c.   Location of on site parking spaces, ADA accessible spaces, loading zones and access thereto, including the dimensions of the spaces and the width and length of access.

         d.   Location and dimensions of snow storage areas.

         e.   Location of dumpster and/or garbage can storage areas including the dimensions and proposed fencing or other screening.

         f.   Designation of the zoning district in which the project is located.

         g.   Location of vehicular and pedestrian circulation patterns, easements and proposed improvements with regard thereto.

         h.   Contour lines of five foot (5') intervals to show proposed slope and topography of the property.

         i.   Location of existing and proposed adjacent street rights-of-way, fire hydrants, sewer lines, water lines and other utilities, and plans for the separate connection to and extension of each utility to each unit or building.

         j.   Indication of direction of snow slide from the roof and drip line of all buildings.

         k.   Location of existing structures on adjacent properties.

         l.   Location of on site trash and personal property storage.

         m.   One large vicinity map and one reduced vicinity map depicting adjacent streets, floodplains, and applicable zoning and comprehensive land use designations.

      2.   Preliminary schematic drawings of the proposed construction shall be submitted to show the following:

         a.   Floor plan at not less than one-eighth inch (1/8") scale.

         b.   Seven (7) reduced exterior elevations with facades and other exterior elements shown in color.

         c.   Type and color of exterior materials and roofing, with samples thereof.

         d.   Location and type of exterior lighting.

         e.   A colored model for all new buildings not including additions or buildings less than three thousand (3,000) square feet.

      3.   Landscape plan and legend shall be submitted in sufficient detail to show the following:

         a.   One large and seven (7) proposed landscape plans of the project including calculations depicting percentage of land area being landscaped, types and size of trees, ground cover and other vegetation.

         b.   Proposed excavation or land fill including resulting slope grades.

         c.   Location and height of walls or fences.

         d.   Drip or other low consumption irrigation system for landscaping.

         e.   Drainage plan including off site improvements.

         f.   Street trees shall be a minimum of three inch (3") caliper and planted at spacing not less than one tree for every thirty five feet (35') of public street right-of-way, excluding alleys. All trees shall comply with the Bellevue Street Tree Guidelines, and an approved encroachment permit shall be obtained from ITD or the City.

   B.   The applicant shall file the application form and fees, together with the materials required by subsection A of this section, with the City Planning and Zoning Administrator not less than fifteen (15) days prior to a regularly scheduled meeting of Planning and Zoning Commission. Prior to the meeting or thereafter, the applicant shall provide such other information as may be reasonably requested by the commission or by the Administrator. Construction plans or working drawings are not required prior to design review, but will be at the time of a building permit.

   C.   At a noticed Planning and Zoning Commission meeting, the application shall be presented, together with required materials and information. A design review application is not a public hearing. The commission shall be briefed of the application by staff, receive comment from the applicant, and may take public comment from interested persons. The commission shall approve, deny or conditionally approve the application based on design review standards and criteria, and notify the applicant of the commission's decision by the close of the commission's next noticed scheduled meeting, not to exceed thirty (30) days from the design review meeting, except the commission may table an application until it receives requested information, or for additional review due to the complexity of the application, or problems with regard thereto. (Ord. 2015-02, 4-20-2015)

The following list of design review criteria shall be met by each applicant seeking design review approval. The Planning and Zoning Commission shall use said criteria to determine whether a project is to be approved or denied. A building which is allowed by right in this title may be reduced in bulk, height or other physical dimension by requirement of the commission only if found necessary to protect the public health, safety and/or welfare. If a development project is to be built in phases, each phase shall be subject to the design standards and criteria described in this section, and each phase independently shall meet said criteria and standards.

   A.   Site Planning:

      1.   Buildings shall be situated in a manner that preserves existing land forms, trees and other significant vegetation and shall not interrupt waterways or change other natural drainage patterns in a manner which adversely affects adjacent property. Removal of existing trees of greater than six inch (6") caliper is subject to review.

      2.   Buildings shall be sited so that their form does not break prominent natural ridge lines.

      3.   Buildings and parking areas shall be clustered to provide for more usable open space. All accesses from alleys shall require improvements installed by the applicant/owner when applicable including, but not limited to, an asphalt surface or compacted gravel surface as determined by the City Public Works Department. The applicant/owner shall be responsible for relocation of applicable City services/utilities, repair of any damaged City services, snow plowing and snow removal.

      4.   The alignment of roads and driveways shall follow the contours of the site, and cuts and fills shall be minimized.

      5.   Retaining walls shall be discouraged, and such walls over three feet (3') high shall be stepped to form a number of benches to be landscaped.

      6.   Exterior lighting systems shall not create glare nor cast light on neighboring properties. Night lighting shall be only what is needed to promote safe use, preferably with energy conserving lighting of low intensity.

      7.   A snow storage plan, as a component of the site plan, is required. The plan shall comply with the following requirements:

         a.   Use of sidewalks and required parking areas for snow storage is prohibited.

         b.   Snow storage within one hundred feet (100') of stream banks is prohibited.

         c.   Use of landscaped areas for snow storage may be allowed under the approved snow storage plan.

         d.   Snow storage areas shall be incorporated in site design as well as designs that anticipate snow shedding areas.

         e.   Snow storage areas shall not adversely affect neighboring properties.

         f.   Building design shall prevent water from dripping or snow from sliding on pedestrian areas, entrances of buildings, garages and adjacent properties.

         g.   Snow storage areas for parking lots containing twenty (20) spaces or more shall be located on site in an amount which is equal to at least one-third (1/3) of the hard surfaces proposed with the project. The one-third (1/3) amount may be reduced by the use of a snowmelt system, or for good cause demonstrated.

         h.   Where snow storage areas cannot be provided on site because of existing buildings or approved building design, an adequate snow hauling plan shall be submitted for and subject to approval by the Planning and Zoning Commission.

The Planning and Zoning Commission may impose such restrictions on snow removal operations as are necessary to reduce the effects of noise or traffic on surrounding areas.

      8.   Visual impact of on site parking, service, trash and loading areas shall be minimized whenever possible by locating these areas to the rear of the building and providing screening with landscaping or fences from adjacent properties and public ways.

      9.   Adequate enclosed on site storage for trash shall be provided for each unit of accessory dwelling units, multi-family and townhouses.

      10.   All utilities shall be installed underground in accordance with the City standards and in a manner and location approved by the City Engineer.

      11.   Building and parking areas shall be designed to provide proper ingress and egress; safe, adequate and efficient pedestrian and vehicular traffic circulation; and the efficient and safe arrangement of on site parking, building location, and circulation.

      12.   Multi-family and townhouses shall provide a minimum of two (2) on site parking spaces for each unit. Accessory dwelling unit parking requirements shall be one off street parking space for a one bedroom ADU and two (2) parking spaces for ADUs with two (2) to three (3) bedrooms.

      13.   Adequate unobstructed access for emergency vehicles, snowplows, garbage trucks and similar service vehicles to all necessary locations within the proposed project shall be provided.

   B.   Architecture:

      1.   Generally:

         a.   Building and shopfront design and construction shall reflect historical architecture styles and shall incorporate building materials, architectural design and features representative of that historical period in Bellevue between 1880 and 1910. That architectural style includes frame and brick construction, frame and shiplap siding construction, horizontal log construction, and similar westward expansion motifs. Also, building design and construction shall preserve and incorporate any such existing structures and features, signage, exterior fixtures and other items from that period.

         b.   A building exceeding eight thousand five hundred (8,500) square feet of building coverage shall incorporate a change in facade design, materials, color and/or height, or a combination thereof, that such building appears to be more than one building. These changes shall occur at a minimum of every fifty feet (50') of wall facade visible by the general public and at the ceiling line of the first floor on two-story buildings. In addition, the facade shall change in depth a minimum of two feet (2') at each such change in facade.

         c.   All buildings in the B Business District shall have a minimum setback from wall/foundation to property line adjacent to Main Street/Highway 75 of three feet (3'), providing an area for covered seating, planters, special event advertising units and displays of merchandise, in addition to the specified requirements of subsection B1b of this section.

         d.   All exterior mechanical equipment shall be screened on all sides with materials and colors matching the approved structure.

         e.   Mechanical equipment and solar panels shall be hidden or de- emphasized.

         f.   Metal siding shall not be permitted on buildings on parcels of real property abutting Main Street (State Highway 75) unless deemed appropriate by the Planning and Zoning Commission. All such buildings shall be constructed of or faced with materials that are similar in texture, finish, and appearance to natural materials. The use of natural materials such as wood, brick and stone shall be encouraged, and exterior wall colors shall be of natural earth tones.

         g.   Exterior lighting systems shall not create glare nor cast light on neighboring properties. Night lighting shall be only what is needed to promote safe use, preferably with energy conserving lighting of low intensity.

         h.   Accessory dwelling unit sizes shall comply with section 10-2-1 of this title.

      2.   Multi-Family And Townhouses: Multi-family and townhouses shall maintain traditional rural, small town development patterns and architectural styles in keeping with the existing character of the area and location of the site. Multi-family and townhouse design, style, scale, and aesthetics shall blend with its neighborhood. There shall be no repetitive side by side development of buildings. The City is looking for individual buildings by varying types and styles to make for a pleasant streetscape experience.

      3.   Accessory Dwelling Units (ADUs): ADUs shall maintain traditional rural, small town development patterns and architectural styles in keeping with the existing character of the area and emulate the primary structure of the site. Design, style, scale, and esthetics shall blend with its neighborhood. Building materials and exterior architectural design shall be reflective of existing structures on the subject site and take into consideration the architectural style and materials of the general vicinity.

   C.   Landscaping; Parking; Lighting:

      1.   Exterior light fixtures and signs shall be nonglaring in design and installation so as not to adversely affect adjacent properties and public ways.

      2.   The design of fences, walls and retaining walls shall harmonize with the site and buildings in scale as well as in materials.

      3.   Preservation of significant natural features such as water, view, topography, and vegetation shall be incorporated in the landscape plan.

      4.   Site conditions, drought tolerance and local hardiness shall be considered to select appropriate plant species, including grasses for lawn areas.

      5.   Landscaping shall provide a substantial buffer between incompatible land uses and shall be used to screen from view and to mitigate visual impact of parking areas, loading areas, and garbage containers from adjacent properties and public ways.

      6.   Installation of adequate drip or other low consumption irrigation systems shall be required. Landscaping shall be properly irrigated and maintained, and landscaping, or any portion thereof, shall be replaced when it dies or is otherwise destroyed.

      7.   Adequate drainage shall be provided on site.

      8.   A minimum of ten percent (10%) of the parking area of parking lots with twenty (20) spaces or more shall be landscaped with islands, dividers, or a combination of the two. Parking lots with twenty (20) spaces or more will have a minimum of fifty percent (50%) of the required landscaped area installed adjacent to Main Street/Highway 75 unless otherwise approved by the commission due to extensive curb cuts and vision safety concerns.

      9.   All public rights-of-way adjacent to subject property including alleys shall be improved with, but not limited to, asphalt/concrete/compacted gravel, and applicable curbing, gutter, drainage, ADA standards, lighting, sidewalks and striping as recommended by the Public Works Director.

   D.   Curbs, Gutters, Sidewalks And Street Tree Requirements: Within the B Business, LB/R Limited Business/Residential, LI/B Light Industrial/Mixed Business and LI Light Industrial Zoning Districts, curbs, gutters, sidewalks and street trees are required and shall be installed along the street frontage of each lot or parcel of real property upon which a new building or a "major addition" (defined as requiring a building permit and having a cost of construction exceeding $50,000.00) is constructed. Such improvements shall be constructed in accordance with the applicable construction standards and ordinances of the City. (Ord. 2015-02, 4-20-2015)

The building inspector shall not issue a building permit for any structures or work required to obtain design review approval unless and until the building plans submitted comply with design review approval. Furthermore, the building inspector shall not issue a Certificate of Occupancy for any such structure until, upon final inspection, the project is constructed in accordance with the approved design review application and plans, and all improvements, amenities and landscaping have been installed, or until the applicant has posted with the City an irrevocable letter of credit or certified funds or other security which has been accepted by the City Council in the sum of one hundred fifty percent (150%) of the bona fide estimate of the cost of installing said improvements, landscaping and amenities. Said security shall require full performance within a period not to exceed twelve (12) months and shall be accepted only in situations where inclement weather or other similar circumstances prevents completion prior to occupancy. In the event the improvements are not constructed within the time allowed by the City Council, the Council may order the improvements installed at the expense of the owner and the surety. In the event the cost of installing the required improvements exceeds the amount of the security, the owner shall be liable to the City for the additional costs thereof. The cost of installing required improvements that exceed the amount of the security shall automatically become a lien upon the subject property. (Ord. 2015-02, 4-20-2015)

   A.   The term of design review approval shall be one year from the date of final action by the commission or, upon appeal, the date the approval is granted by the Council. Such approval is subject to changes in zoning or other regulations applicable to the project.

   B.   Failure to file a complete building permit application for a project in accordance with the design review approval, or the abandonment, forfeiture or loss of a building permit, shall constitute termination of any design review approval, and said approval shall then be null and void. (Ord. 2015-02, 4-20-2015)

   A.   All design review improvements and landscaping shall be installed, maintained, repaired and replaced in accordance with City standards or, in the absence thereof, in accordance with prevailing engineering or industry standards within Blaine County.

   B.   No person shall permit any improvement set forth in the approved design review plans to be in a state of disrepair or any landscaping to die. All design review improvements and landscaping shall be maintained, repaired and replaced in accordance with the approved design review plans. All such repair shall be completed within thirty (30) days of damage or disrepair, and all replacement shall be completed within thirty (30) days of the damage or destruction of said improvements or death of said landscape item. (Ord. 2015-02, 4-20-2015)