Brigham City City Zoning Code
DESIGN REVIEW
§ 156.400 PURPOSE.
(A) The purpose and intent of design review is to secure the general purposes of this chapter and the master plan and to insure that the general appearance of buildings and structures and the development of the land shall in no case be such as would impair the orderly and harmonious development of the neighborhood or impair investment in and occupation of the neighborhood.
(B) It shall not be the intent of this subchapter to restrict or specify the particular architectural design proposed or to specify the exterior detail or design, color or materials proposed by the applicant, except as such detail is of such magnitude as to affect the general appearance and compatibility of the development with its surroundings.
(Prior Code, § 29.24.010)
§ 156.401 APPLICATION AND REVIEW.
All applications for occupancy permits or building permits for all buildings and structures, except for single-family and two-family dwellings and their accessory buildings, shall be accompanied by architectural and site development plans to scale which shall show building locations, landscaping, prominent existing trees, ground treatment, fences, off-street parking and circulation, location and size of the adjacent streets, north arrow and property lines, drawings of the major exterior elevations, the building materials, proposed exterior color scheme, existing grades and proposed new grades. All such drawings and sketches shall be reviewed by the Planning Commission; except that, the review and approval of such permits by the Community Development Department may be authorized as set forth by the Planning Commission Policy when the application meets all requirements of this chapter. The number of sets of architectural and site development plans to be submitted shall be determined by the Community Development Department. All of the above required architectural and site development plans shall have been reviewed and approved prior to the issuing of a building permit.
(Prior Code, § 29.24.020)
§ 156.402 EXCEPTIONS.
For buildings and uses covered by conditional use permits or planned unit development approval, design review shall be incorporated within such conditional use permits or planned unit development approval and need not be a separate application; provided, the requirements of this subchapter are met. Agricultural buildings are exempt.
(Prior Code, § 29.24.030)
§ 156.403 PLANNING COMMISSION APPROVAL.
(A) The Planning Commission, or the Community Development Department when authorized by the Planning Commission, shall determine whether the proposed architectural and site development plans submitted are consistent with this subchapter and with the general objectives of this chapter, and shall give or withhold approval accordingly.
(B) Denial of approval by the Community Development Department may be appealed to the Planning Commission, and denial by the Planning Commission may be appealed to the local governing body, as provided for appeals in this chapter.
(Prior Code, § 29.24.040)
§ 156.404 CONSIDERATIONS IN REVIEW OF APPLICATIONS.
The Planning Commission and the Community Development Department shall consider the following matters, and others when applicable, in their review of applications:
(A) Considerations relating to traffic safety and traffic congestion:
(1) The effect of the site development plan on traffic conditions on abutting streets;
(2) The layout of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exits, drives and walkways;
(3) The arrangement and adequacy of off-street parking facilities to prevent traffic congestion;
(4) The location, arrangement and dimensions of truck loading and unloading facilities;
(5) The circulation patterns within the boundaries of the development; and
(6) The surfacing and lighting of off-street parking facilities.
(B) Considerations relating to outdoor advertising: the number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures in relation to the creation of traffic hazards and the appearance and harmony with adjacent development.
(C) Considerations relating to landscaping:
(1) The location, height and materials of walls, fences, hedges and screen plantings to ensure harmony with adjacent development, or to conceal storage areas, utility installations or other unsightly development;
(2) The planting of ground cover or other surfacing to prevent dust and erosion; and
(3) The unnecessary destruction of existing healthy trees.
(D) Considerations relating to buildings and site layout:
(1) Consideration of the general silhouette and mass, including location on the site, elevations and relation to natural plant coverage, all in relationship to the neighborhood; and
(2) Consideration of exterior design in relation to adjoining structures in height, bulk and area openings, breaks in facade facing on the street (or streets), line and pitch of roofs and the arrangement of structures on the parcel.
(E) Considerations relating to drainage: the effect of the site development plan on the adequacy of the storm and surface water drainage.
(Prior Code, § 29.24.050)
§ 156.405 CONDITIONS.
The Planning Commission, or the Community Development Department when authorized, shall decide all applications for design review. Design approval may include such conditions consistent with the considerations of this subchapter as the Commission or Community Development Department deems reasonable and necessary under the circumstances to carry out the intent of this subchapter.
(Prior Code, § 29.24.060)
§ 156.406 FINDINGS AND DECISION.
Upon a finding by the Planning Commission or Community Development Department that the application meets the intent of this subchapter, the design approval shall be granted, subject to such conditions as are necessary; otherwise, approval shall be denied.
(Prior Code, § 29.24.070)
§ 156.407 NOTIFICATION OF APPROVAL OR DENIAL.
Upon the grant of design approval, the Community Development Department shall prepare and mail or deliver to the applicant a formal statement thereof, stating the fact of the grant and any conditions attached thereto, or the fact of denial and the reasons therefor.
(Prior Code, § 29.24.080)
§ 156.408 TIME LIMITATIONS ON APPROVAL.
If construction in harmony with the permit for any development for which design approval has been granted has not been commenced within one year from date of notification of approval, the approval shall be deemed automatically revoked. Upon application an extension of time may be granted by the Planning Commission, or by the Community Development Department if authorized.
(Prior Code, § 29.24.090)
§ 156.409 TRANSFER OF APPROVAL UPON CHANGE IN USE.
Design approval shall be deemed revoked if the buildings erected or the classification of their use or the classification of the use of land for which the approval was granted is changed, unless the approval is transferred by the Planning Commission, or the Community Development Department if authorized to do so. If the transfer is not approved, a new application must be filed.
(Prior Code, § 29.24.100)
§ 156.410 CONFORMANCE TO APPROVAL.
Development for which design approval has been granted shall conform to the approval and any conditions attached thereto.
(Prior Code, § 29.24.110)
§ 156.411 MODIFICATION.
Upon request of the applicant, modifications in the approved plan may be made by the Planning Commission or the Community Development Department if authorized to do so, if it is found that the modification will meet requirements of this subchapter. The Planning Commission may revoke or modify a design approval which does not conform to any requirement of the approval permit.
(Prior Code, § 29.24.120)
§ 156.412 SUPPLEMENTAL PROVISIONS FOR HISTORIC DOWNTOWN.
(A) The purpose and intent of design review within the downtown Main Street district bounded by 100 North on the north, 200 South on the south, 100 East on the east and 100 West on the west, is to secure the general purposes of this chapter and the General Plan and to ensure that the general appearance of buildings, structures, signs and the development of the land shall in no case be such as would impair the historic character and appearance of the Central Business District of the city. To this end, under provisions of this subchapter, design review may restrict or specify the particular architectural design proposed and specify the exterior detail or design, color or materials proposed by the applicant.
(B) All applications for development or redevelopment requiring review under this subchapter shall be designed in conformance with the Brigham City Historic Downtown Guidelines.
(Prior Code, § 29.24.130)