The purpose of the HD, Historic Downtown Overlay District is to further the city's vision of its downtown area by establishing standards that will provide physical design details and standards necessary to facilitate development in the downtown that reflects the historic commercial character of the core and the traditional residential character of the adjoining neighborhoods.

(Prior Code, § 11-76-1) (Ord. 258, passed 5-4-2006)

   (A)   The downtown design standards shall be applied as an overlay zoning district to a subdistrict of the downtown plan study area. Existing nonconforming uses and structures within the Design Overlay District may be maintained and continued in the state which exists at the time this subchapter is adopted. Conversion of the structures to a conforming business-related use shall require downtown design standards review, as provided for in division (B). A project which complies with an objective will likely be viewed more favorably than one which does not. However, adherence to the overall character is the bottom line. Projects which achieve the character goals may be able to overcome modifications to individual objective statements. Any project subject to these standards will be required to conform to the standards only to the extent that the project involves design features addressed by the standards. Depending on the scope of the project, the following review processes may apply.

   (A)   Administrative review. Projects that require administrative review only include those which involve minor exterior alterations to existing buildings, but which do not require separate zoning permits. Maintenance of existing buildings requiring a building permit and replacement of materials consistent with the downtown design standards will require only administrative review.

   (B)   Planning Commission and City Council review. Projects of greater scope, or those which already require more extensive city zoning review, will need to be reviewed by the Planning Commission and then approved by the City Council. These projects include:

      (1)   Those buildings that are completely new;

      (2)   Those which alter the building design or materials more than 50% of any single exterior building wall or roof surface;

      (3)   Those which require variances, subdivision approval, conditional use permits or other zoning or permit amendment;

      (4)   Those which alter the height of an existing building by more than two feet;

      (5)   Those which alter the lot coverage of an existing building by more than 10%; and

      (6)   Those accessory buildings within areas subject to this chapter.

(Prior Code, § 11-76-2) (Ord. 258, passed 5-4-2006)

   In some cases, the guidelines and regulations in these downtown design standards may differ from other plans, codes and ordinances of the city. In these cases, the following procedure is to be followed when confronting a conflict in regulation.

   (A)   The City Comprehensive Plan is the underlying basis for land use regulation in the city. All of the regulations and requirements of the standards should be interpreted in the context established by the Comprehensive Plan.

   (B)   The base zoning district defines the allowable land uses on any parcel. The regulations found in the city's zoning chapter, as well as any other ordinances, still apply.

   (C)   The downtown design standards comprise a specific implementation tool of the Comprehensive Plan. Where the standards differ from other city ordinances, it is the city's intent that the standards will control. Due to the greater detail, the requirements and recommendations of the downtown design standards are defined as being "more restrictive" for purposes of applying multiple regulations.

   (D)   The downtown design standards shall not supersede any building, fire or disability code that has been adopted to protect the public health, safety or welfare.

(Prior Code, § 11-76-3) (Ord. 258, passed 5-4-2006)

   All permitted, permitted accessory or conditional uses contained in all zoning districts identified in §§ 152.460 through 152.467, 152.480 through 152.487, 152.500 through 152.507, 152.520 through 152.527, 152.540 through 152.549, 152.560 through 152.570, 152.585 through 152.590, 152.605 through 152.612, 152.625 through 152.632, 152.645 through 152.653, 152.665 through 152.672 and 152.685 through 152.692 of this chapter shall be directed as permitted uses within the HD District.

(Prior Code, § 11-76-4) (Ord. 258, passed 5-4-2006)

   Uses permitted within the Design Overlay District shall be in accordance with the applicable underlying zoning district as indicated on the official zoning map of the city.

(Prior Code, § 11-76-5) (Ord. 258, passed 5-4-2006)

   (A)   General design principles. General design principles are as follows.

      (1)   Historic structures should be preserved and maintained whenever possible as important contributors to the city's character.

      (2)   All new development shall be designed to value, respect and preserve identified natural features and resources.

      (3)   Buildings should be designed to relate well to the existing environment, both natural and human-made, and consider context in massing, materials, style and color; design of the landscape and hardscape should be coordinated and harmonious with the building design and materials.

      (4)   All new development should be sensitive to existing residences in the design and location of new uses and buildings with respect to shading, views, light or noise pollution; where necessary appropriate screening or buffering shall be provided.

   (B)   Unifying design concept. All new buildings in the Design Overlay District shall be of the Italianate or Queen Anne (commercial) architectural style, as defined in § 152.021.

      (1)   Except where the Italianate or Queen Anne (commercial) architectural character otherwise directs, new buildings, remodelings and additions shall relate to the character of the original building on the site or to traditional buildings around them, when these are present. This can be achieved by maintaining similar setbacks, modest building scale and height, cornice lines, horizontal lines of windows and openings, architectural styles and details, building materials and colors.

      (2)   Building additions shall reflect the design of the existing building where the existing building is in compliance with the downtown design standards.

   (C)   Building placement. Zero lot line setbacks shall be allowed when determined to be consistent with architectural context of the area.

   (D)   Composition and detailing.

      (1)   No building design shall be approved which includes less than 40%, and no more than 75%, window and door area at the base of the facade for buildings. The minimum/maximum window and door area shall apply to all facades directly adjacent to a public street.

      (2)   All buildings shall have an identifiable ground level base element.

      (3)   Corners, cornices, windows and doorways shall include additional architectural detailing beyond the basic building wall materials or pattern of traditional style buildings.

   (E)   Building height. Building heights shall be in accordance with the requirements of the underlying zoning district.

   (F)   Street front entry/doorway.

      (1)   No entry shall project into the public right-of-way. Double door entryways shall be no more than seven feet in width.

      (2)   Canopies, awnings and other similar architectural features shall project no more than three feet into public right-of-way. No building shall use permanent, retractable or roll-down security doors or bars which are visible to the public from the street or sidewalk.

      (3)   Except where specifically allowed by the city, canopies shall be constructed of cloth, glass or metal materials. Canopy design shall include appropriate detailing reflecting the architectural style of the building. Backlit awnings which are transparent shall not be permitted. A minimum of seven feet of vertical clear space shall be maintained between the lowest point of the canopy and/or its structural elements and the ground elevation.

   (G)   Street front windows.

      (1)   Single window panes shall not exceed four feet in width. No more than 50% of upper building levels shall be comprised of glass.

      (2)   Window sill height on the base level shall be no less than 12 inches nor more than 32 inches above interior finished floor elevation.

      (3)   Where window projections are used, no projection may extend to within ten feet of the curb line of the street, nor more than two feet from the front line of the building.

      (4)   Window bay widths shall range from a minimum of 12 feet to a maximum of 20 feet.

   (H)   Bay width. Upper floors shall be designed to clearly reflect the division of bays at the base level.

   (I)   Roofs.

      (1)   Roof top elements shall be constructed of brick or other material to be approved by the city which is complementary to the building materials which comprise the bulk of the building.

      (2)   Architectural elements such as cornices, decorative chimneys and strong corner elements shall be used to enhance the roof line of traditional style buildings.

      (3)   Mansard roofs or mansard-style canopies shall not be permitted. Flat, gabled, shed, hip, pitched, round or arched roof designs, depending on the neighborhood context, shall be required for new construction or qualifying redevelopment projects. Definitions of roof styles are found in § 152.021.

      (4)   Roof or wall mounted mechanical equipment shall not be visible from adjacent public areas. Equipment shall be placed in a location on the roof which eliminates visibility or parapets shall be constructed which fully screen the equipment. The parapets shall be coordinated with building architecture and materials and may not consist of fencing or fencing materials.

      (5)   Gutters or other stormwater controls shall be constructed of weather-durable materials. Plastic shall not be considered an acceptable material.

   (J)   Building materials.

      (1)   Brick and glass shall be the dominant exterior building materials used for facades adjacent to a public street. Brick shall be maintained in its natural color and shall not be painted.

      (2)   Upon approval of the city, materials other than brick, including manufactured stone, may be utilized as the primary material upon a demonstration that the architectural appearance will complement the building materials of surrounding structures in the neighborhood. A specific architectural style or historic development, as determined by the city, would constitute one possible basis for the demonstration.

      (3)   Concrete masonry units (CMUs) shall be allowed only on a case-by-case basis where appropriate to the design, architecture and neighborhood context of a building.

      (4)   Complementary building materials may be used as detail, including metal, stucco, exterior insulation and finish system (EFIS), stone and/or precast architectural concrete, but shall not exceed 30% of the total area of facades adjacent to public rights-of-way. When glass is the predominant building material, brick shall be the dominant complementary material.

   (K)   Rear facade entry/doorways. Building design and site layout shall emphasize attractive and safe rear building entryways from parking areas or trails. Character and design of the rear facade shall be consistent with the front and sides of the building.

   (L)   Franchise design. Franchise design shall be allowed only to the extent that the materials, colors and scale are designed to meet these standards and the project is integrated into the architectural context created by surrounding buildings.

(Prior Code, § 11-76-6) (Ord. 258, passed 5-4-2006)

   (A)   Parking.

      (1)   All off-street parking areas shall be screened in accordance with the applicable provisions of the city zoning regulations.

      (2)   Where a parking lot is located along a street, it shall be well landscaped and screened with a combination of fencing or wall plantings along the street edge.

      (3)   Parking areas of more than 30 spaces shall include planting islands equivalent to 15% of the total area. No parking area planting island shall have any dimension (length or width) of less than ten feet.

      (4)   Existing parking areas not in conformance with this regulation shall be brought into compliance with the screening requirements in conjunction with any permit or other activity which is subject to these standards.

   (B)   Access and communication. All projects shall be required to demonstrate convenient connections to the adjoining pedestrian and bicycle circulation system, whether private or public. Commercial developments shall incorporate bicycle parking spaces, whenever appropriate, in a convenient, visible and preferably sheltered location.

   (C)   Walkway and driving surface construction.

      (1)   Downtown district sidewalks shall be not less than ten feet in width and be "zoned" to provide for landscaping and street trees, street and sidewalk lighting, areas for seating, a pedestrian walking path and an area designated for other street furniture and commercial opportunities, including newspaper boxes and trash receptacles. Where narrower sidewalks exist, zone closest to shops may be eliminated.

      (2)   No private or public furniture or other obstructions shall restrict the width of public sidewalks to less than a five-foot wide walkway.

      (3)   Asphalt shall not be permitted as a material for paving of private sidewalks or other pedestrian ways. Brick, textured and colored concrete and natural stone shall be permitted. Other materials may be permitted by the city.

      (4)   Pedestrian ways other than sidewalks adjacent to public streets shall be developed to a minimum walking zone width of five feet.

      (5)   Sidewalks adjacent to public streets shall encompass the full width of the area between the curb and the front property line, with the exception of public planting and street furniture areas which meet the setback distances described above.

   (D)   Lighting. A lighting plan which reflects the pedestrian scale of the city and provides full lighting of private property shall be prepared as a part of any development or redevelopment plan subject to these standards. All lighting shall conform to the provisions of the zoning regulations and include full cut-off fixtures to reduce unnecessary glare. Street lights on the public right-of-way and site lighting shall be replaced at the time of redevelopment so as to match or complement fixtures in conformances with city standards.

   (E)   Site plantings. All trees that are removed in the public right-of-way as a result of development or redevelopment shall be replaced according to city standards with appropriate use of tree guards and grates. All tree and plant species shall be indigenous to the appropriate hardiness zone and physical characteristics of the site. Suitable tree and plant species shall be consistent with those identified as acceptable within the zoning chapter.

   (F)   Other site improvements.

      (1)   All exterior trash storage areas shall be fully screened with materials compatible to those used in the principal building(s), in accordance with zoning chapter and as approved by the city.

      (2)   Where a site includes mechanical equipment on the ground, the equipment should be screened from view with materials compatible to those used in the principal building(s), in accordance with the zoning chapter as approved by the city.

      (3)   Utility lines shall be placed underground by the developer wherever feasible with any new development or redevelopment.

      (4)   Exterior stairways, porches, decks and railings shall be designed and constructed of materials appropriate to the architecture of the building.

(Prior Code, § 11-76-7) (Ord. 258, passed 5-4-2006)

   (A)   Character. All signage shall be compliant with the requirements of the city zoning chapter.

   (B)   Height. Signs shall not extend above the lowest point of the roof or parapet of the building on which the sign is located unless allowed through a conditional use permit, as specified in the zoning chapter. Pylon signage shall not be allowed. Monument signs shall be allowed as specified in the zoning chapter.

   (C)   Placement/location. Notwithstanding other sign regulations, projecting signs shall be allowed subject to the regulations and policies in this chapter. Projecting signs shall not exceed eight square feet of sign space (except per conditional use permit), extend more than five feet into the public right-of-way, nor be lower than seven feet above the public sidewalk.

   (D)   Size and number.

      (1)   Businesses shall not display more than three permanent signs, whether the signs be projecting, wall, monument, window or located at the rear entrances of commercial businesses that abut public parking or trails.

      (2)   Building bays shall not display more than three sign panels, whether the signs are wall signs or projecting signs. Window lettering signs of less than six square feet shall be excluded from this regulation. In any one building bay, no more than one sign of any type (wall, projecting or window) shall be displayed. For multi-tenant buildings, more than three signs may be allowed, provided that the aggregate square footage of sign space is complied with and an administrative permit is approved by the city.

      (3)   Total sign area shall be limited to the allowances as specified for in the underlying zoning districts within the zoning chapter.

   (E)   Materials and illumination. Signs shall not be internally illuminated, nor utilize backlit plastic panels.

   (F)   Sign type.

      (1)   Temporary signs. Display of temporary sign messages shall not exceed 15% of any individual window pane.

      (2)   Portable signs.

         (a)   Portable signs are permitted to occupy the public or private sidewalk area within five feet of the entryway to the subject business, provided that the signs display messages to pedestrians, no electrical connections are utilized and display of the signs is permitted only during the business hours of the subject business.

         (b)   Portable signs may only be constructed of wood or other materials which are subject to the approval of the city. Portable signs shall be consistent with the area and height requirements of the city sign regulations.

(Prior Code, § 11-76-8) (Ord. 258, passed 5-4-2006)

   (A)   Procedure.

      (1)   Applicants requesting downtown design standards review are required to contact the Zoning Administrator in order to set up a pre-application meeting to discuss the project in question. A meeting with city staff is required to discuss the application process, examine the downtown design standards policies and regulations, review conceptual plans, provide advice for the purpose of avoiding any unnecessary plan modifications or design related conflicts.

      (2)   Requests for downtown design standards review by the Planning Commission and City Council shall be filed with the city on an official application form at least 30 days in advance of the meeting at which it will first be considered. The application shall be accompanied by a fee as provided for by the official city fee schedule. The application shall be accompanied by plan copies as specified in the city's development application. The city may waive or alter any of the submittal requirements specified herein if not applicable to a project. The request shall be considered officially submitted and the application approval timeline commences only when all the information requirements of this section are complied with and the required fees are paid.

      (3)   Pursuant to M.S. § 15.99, as it may be amended from time to time, an application for a project shall be approved or denied by the City Council within 60 days from the date of its official and complete submission, unless notice of extension is provided by the city or a time waiver is granted by the applicant. The city may extend the review and decision-making period an additional 60 days to the extent allowed by state law.

      (4)   Upon receipt of the completed application, the city shall schedule review of the request at the next regularly scheduled Planning Commission meeting.

      (5)   The Downtown Design Committee shall review the proposed project and make comment and recommendation as to its consistency with the downtown plan and downtown design standards.

      (6)   The city may request additional information from the applicant to clarify the application and intent of the project.

      (7)   The Planning Commission shall make its report to the City Council after conducting the initial review.

      (8)   Upon receipt of the reports and recommendation of the Planning Commission, the City Council shall have the option to set and hold a public hearing on the request. The City Council may also refer the matter back to the Planning Commission for further consideration.

      (9)   Approval of the application by the City Council shall require passage by a majority vote of the entire City Council. The City Council may impose conditions and restrictions as it deems appropriate or require revisions or modifications it deems necessary to protect and enhance the general architectural and site character of the city's commercial areas consistent with the policies and regulations of the downtown design standards.

      (10)   The City Council reserves the right to decline approval of a request if due regard is not shown for the policies and regulations of the downtown design standards provided herein.

   (B)   Submission and presentation requirements. In addition to any submittal requirements required by the city, applicants shall submit the following documents to portray their design proposals for either administrative or Planning Commission/City Council review. The city may waive any of the requirements specified below if not applicable to a project:

      (1)   Colored illustration of site plan;

      (2)   Colored perspective sketch representing realistic proportions of the building and its immediate surroundings;

      (3)   Colored building elevations (front, rear and sides at one-quarter inch scale minimum);

      (4)   Partial or enlarged building elevation (one-half inch scale minimum);

      (5)   Enlarged sketch of site amenities;

      (6)   Materials board with actual examples of all building materials; and

      (7)   Colored computer graphic simulation and/or an architectural model.

(Prior Code, § 11-76-9) (Ord. 258, passed 5-4-2006)

   The City Council may approve a variance from these standards when, in its opinion, exceptional and undue hardship may result from strict compliance. In approving any variance, the City Council shall prescribe any conditions that it deems necessary to or desirable to the public interest.

   (A)   Approval. A variance shall only be approved when the City Council finds that each and every one of the following apply, unless one or more of the criteria are not applicable to the particular situation.

      (1)   Because of the physical surroundings, shape or topographical conditions of the specific parcel of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out.

      (2)   The conditions upon which an application for a variance is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other property within the same zoning classification.

      (3)   The purpose of the variance is not based exclusively upon a financial hardship or a desire to increase the value or income potential of the parcel of land.

      (4)   The alleged difficulty has not been created by any persons having an interest in the parcel of land and is not a self-created hardship.

      (5)   The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located.

      (6)   The variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety.

      (7)   The requested variance is the minimum action required to eliminate the hardship.

   (B)   Procedures.

      (1)   Requests for variances shall be filed with the city on an official application form at least 30 days in advance of the meeting at which it will be considered. The application shall be accompanied by a fee as provided for by City Council resolution. The request shall be considered officially submitted and the application approval timelines commence only when all the information requirements of this section are complied with and the required fees are paid.

      (2)   Pursuant to M.S. § 15.99, as it may be amended from time to time, an application for a variance shall be approved or denied by the City Council within 60 days from the date of its official and complete submission unless notice of extension is provided by the city or a time waiver is granted by the applicant. The city may extend the review and decisionmaking period an additional 60 days to the extent allowed by state law.

      (3)   The procedures for Planning Commission review and City Council consideration, as found in the process for filing and review section of the standards, shall be used for processing variances.

      (4)   Approval of a variance request by the City Council shall be by three-fifths vote of the full City Council.

      (5)   Whenever a variance has been considered and denied by the City Council, a similar application and proposal for the variance affecting the same property shall not be considered again by the Planning Commission or City Council for at least six months from the date of its denial, except as follows:

         (a)   If the applicant or property owner can clearly demonstrate that the circumstances surrounding the previous variance application have changed significantly; and

         (b)   The City Council may reconsider the matter by a majority vote of the entire City Council.

   (C)   Appeals.

      (1)   Board designation. The City Council shall serve as the Board of Adjustments and Appeals.

      (2)   Applicability. An appeal shall only be applicable to an administrative order, requirement or interpretation of intent of provisions of these standards. Opinions and evaluations as they pertain to the impact or result of a request are not subject to the appeal procedure.

      (3)   Filing. An appeal from the action of an administrative officer of the city shall be filed by an officer, department, board or commission of the city or by a property owner or his, her or their agent with the city within ten business days after the making of the order, requirement or interpretation being appealed.

      (4)   Stay of proceedings. An appeal stays all proceedings and the furtherance of the action being appealed unless it is certified to the Board of Adjustments and Appeals, after the notice of appeal is filed, that by reason of facts stated in the certificate a stay would cause imminent peril to life and property.

      (5)   Procedure. The procedure for making an appeal shall be as follows.

         (a)   An appeal shall be filed by an officer, department, board or commission of the city or a property owner or his, her or their agent with the city stating the specific grounds upon which the appeal is made. The application shall be accompanied by a fee as established by City Council resolution. In cases where the application is judged to be incomplete, the city shall notify the applicant, in writing, within ten business days of the date of submission.

         (b)   The city shall instruct the appropriate staff persons to prepare technical reports when appropriate and shall provide general assistance in preparing a recommendation on the action to the Board of Adjustment and Appeals.

         (c)   Pursuant to M.S. § 15.99, as it may be amended from time to time, the Board of Adjustment and Appeals shall make its decision by resolution within 60 days from the date on which a completed application is filed.

         (d)   The city shall serve a copy of the final order of the Board upon the applicant by mail.

(Prior Code, § 11-76-10) (Ord. 258, passed 5-4-2006)

   Choosing the most appropriate treatment for an existing building within the Design Overlay District requires careful consideration of a number of factors including the relative importance of the structure in history, the physical condition of the structure and the proposed use for the structure. In this regard, the following options must be considered.

   (A)   Preservation. Preservation is appropriate when the building is generally intact and does not require extensive repair or replacement. The goal of preservation is to preserve and retain the existing form, features and detailing of the building through protection, maintenance and repair while minimizing replacement. Buildings listed on the National Historic Register frequently warrant preservation.

   (B)   Rehabilitation. Rehabilitation is most appropriate for buildings that require more extensive repairs and replacement or alterations or additions for a new use. Rehabilitation includes protecting and maintaining important historic features that have become damaged or deteriorated over time as well as repairing historic materials (masonry, wood, historic metal) and replacing important features with like materials. Rehabilitation provides the opportunity to facilitate contemporary use of historic structures through alterations and additions. Buildings not listed on the National Historic Register that contribute to the significance of an historic district are frequently prospects for rehabilitation.

   (C)   Restoration. Restoration is appropriate to make an historic building appear as it did at a particular and significant time in its history. Restoration includes protecting and maintaining important historic features as well as the removal of features that have been added to the building over time or the replacement of features that have been removed over time. Buildings listed on the National Historic Register are frequently prospects for restoration.

   (D)   Reconstruction. Reconstruction is appropriate when portions of an historic building or block have been removed from the landscape. Reconstruction provides the opportunity to re-create the landscape using contemporary materials. Documentary and physical evidence must be available to implement accurate reconstruction.

(Prior Code, § 11-76-11) (Ord. 258, passed 5-4-2006)