Donnelly City Zoning Code
CHAPTER 18
15 DESIGN REVIEW
§ 18.15.010 Application and applicability.
B.
Requirement for approval of a design review application includes all construction within the city limits for the following, but not limited to, commercial, industrial, institutional, office, multifamily residential projects, signs, common areas, landscaping, open space, subdivision signage, proposed conversions, proposed changes in land use and/or building use, exterior remodeling, exterior restoration, and enlargement or expansion of existing buildings, signs or sites.
C.
The following uses are specifically excluded from the requirements of the design review:
(Ord. 269, 9/15/2025)
§ 18.15.020 Purpose, goals and objectives.
A.
Purpose. The purpose of this chapter is to:
1.
Recognize the interdependence of land values and aesthetics and to provide a method by which the city may implement this interdependence to the benefit of the community.
2.
Encourage the development of private property in harmony with the desired character of the city and in conformance with the regulations herein provided with due regard to the public and private interests involved.
3.
Provide planning and design requirements to give specific direction for downtown development, while allowing for flexibility that promotes creative, market driven development proposals.
B.
Goals. The general theme of the design review requirements is to specify desirable building, site, landscape and signage designs and architectural styles and materials to create a sustainable and pleasing environment for residents and visitors alike.
C.
Objectives. Detailed aspects of design are to be examined to determine compliance with the requirements of this title and whether the proposed development will then provide a desirable environment for the city and whether aesthetically the site layout and building design meet the intent of this chapter.
(Ord. 269, 9/15/2025)
§ 18.15.030 Site layout design considerations.
The city shall take into consideration the following site layout design elements when determining action on the design review application:
A.
The functional and aesthetic relationship of the structures and the site in relation to its surroundings;
B.
The site layout with respect to separation or integration of vehicular, pedestrian and bicycle traffic patterns;
C.
The arrangement and adequacy of off-street parking facilities relative to access points, site lighting and building location to minimize traffic issues, conflict or congestion; and
D.
The coordination of the site development with planned right-of-way alignments, acquisitions and street improvements.
(Ord. 269, 9/15/2025)
§ 18.15.040 Site landscape design considerations.
The city shall take into consideration the following site landscape design elements when determining action on the design review application:
A.
The location and type of new plantings, with due regard to preservation of specimen and landmark trees, and to maintenance of all plantings;
B.
The providing of screen plantings or other screening methods reasonably required to conceal outdoor storage areas, trash receptacles, service areas, truck loading areas, utility buildings and other unsightly developments;
C.
The installation of sound and sight buffers, the preservation of public views, light and air, and the consideration of those landscape aspects of design which may have substantial effects on neighborhood development, land uses, and amenities;
D.
The design and use of open spaces and parks; and
E.
The permanent maintenance of all landscaped areas and fencing.
(Ord. 269, 9/15/2025)
§ 18.15.050 Site grading and drainage considerations.
The city shall take into consideration the following site grading and drainage design elements when determining action on the design review application:
A.
Maximizing land use benefits and minimizing off-site impacts;
B.
The existing and proposed grading relative to soil removal, fill work, retainage, soil stabilization, erosion control on the site and the adjacent terrain and streets, and adoption of the development to the existing site contours;
C.
The planting of ground covers or shrubbery to prevent dust, to stabilize soils and embankments and to control erosion;
D.
Existing and proposed storm drainageways, canals, floodway and floodplains relative to flow or alignment alterations, containment and endangerment of health and safety; and
E.
The maintenance of floodway, floodplains, wetlands, drainageways, channels, culverts, head gates, canals, and soils.
(Ord. 269, 9/15/2025)
§ 18.15.060 Signage design considerations.
The city shall take into consideration the following signage design elements when determining action on the design review application:
A.
The provision for business identification while minimizing clutter and confusion on and off the site;
B.
The "overall sign concept" for multitenant business centers to assure that it addresses the continuity between tenant sign design and building design;
C.
The provision for effective and necessary business identification proportionate and aesthetically compatible to the building design; and
D.
The size, location, design, color, texture, lighting, landscaping, and hours of operations of all permanent signs and outdoor advertising structures or features to ensure that any such proposals do not detract from the function of, or design of, buildings, structures, surrounding properties, neighborhoods, or streets.
(Ord. 269, 9/15/2025)
§ 18.15.070 Building design considerations.
The city shall take into consideration the following building design elements when determining action on the design review application:
A.
Mass of Building. The mass of the building shall be reviewed for its relationship with existing development in the immediate surrounding area and with the allowed use proposed by the applicant;
B.
Proportion of Building. The height to width relationship of new structures shall be compatible and consistent with the architectural character of the area and proposed use;
C.
Relationship of Openings in the Buildings. Openings in the building shall provide interest through the use of such features as balconies, bays, porches, covered entries, overhead structures, awnings, changes in building facade and roofline alignment, to provide shadow relief. Avoid monotonous flat planes; and
D.
Relationship of Exterior Materials. The appropriateness of materials as they relate to building mass, shadow relief, and existing area development shall be considered. Use of color to provide blending of materials with the surrounding area and building use, and the functional appropriateness of the proposed building design as it relates to the proposed use shall also be considered.
(Ord. 269, 9/15/2025)
§ 18.15.080 Architectural requirements.
A.
Architectural Requirements, Building Materials, Fence and Deck/Patio Materials, Colors, and Architectural Appurtenance Height Limitation. Unless specified as prohibited herein, materials listed in this section are allowed. If a material proposed for construction is not listed in this section it shall be upon the city council to determine the appropriateness of such material.
1.
Exterior walls and soffits:
a.
Wood: cedar (clear) and redwood (clear) – architectural/premium grade. Log siding, wood shingle are permitted for accent only. Synthetic board and bat sidings are permitted as accents only. Plywood is prohibited;
b.
Fiber cement;
c.
Masonite: horizontal lap only, maximum six inch reveal;
d.
Vinyl: 0.46 millimeter minimum thickness, integral color;
e.
Textured tilt up concrete with accent reveals;
f.
Textured pour in place concrete with accent reveals;
g.
Masonry: brick, natural rock/stone, synthetic stone, decorative block. Smooth face block for accent only;
h.
Stucco: 25% maximum of the wall surface with additional accents incorporated through the use of other permitted material(s);
i.
EIFS: permitted for accent only, 10% maximum wall coverage (per each facade). Additional accents required through the use of other permitted materials;
j.
Additional encouraged material: exposed beams, fabric awnings, cornices/dentils, shutters, dormers, cupolas, columns;
k.
Metal: metal siding shall be anodized, shall have a concealed fastener system, shall have a silicon polyester finish or equivalent, and shall include special design treatments to enhance its appearance. These treatments may include brick or masonry wainscot treatments along exterior walls and accent colored metals.
Metal siding is prohibited on the portion of any building facing a road. This includes sections within the front facade that may be perpendicular to the road but within the face of the building oriented towards the road.
A waiver of this section may be allowed where the applicant shows that the metal is architecturally compatible with surrounding buildings; is architecturally compatible with other nonmetal buildings in the city; and is attractively landscaped, designed, and situated, to eliminate the stark utilitarian look intended to be prevented by the metal siding regulations.
2.
Roofs:
a.
Wood shakes/shingles: premium on number 1 grade;
b.
Architectural grade textured composition shingles;
c.
Tile: cementitious, clay;
d.
Slate;
e.
Metal; standing seam, batten seam (concealed fasteners required); metal, standing seam/batten seam is prohibited on mansard roof sections facing a road;
f.
Flat roof specification: single ply, built up (both nonreflective).
5.
Colors:
a.
Earthen tones are encouraged.
b.
Flat or low gloss finishes are encouraged.
c.
Roof mounted mechanicals, all vents protruding through the roof, and similar features shall be painted so as to match the color of the roof.
d.
Exposed metal flashing or trim will be anodized or painted to blend with the exterior colors of the building.
(Ord. 269, 9/15/2025)
§ 18.15.090 Additional central business district requirements.
A.
Additional Regulations for Any Property Within the Area Shown on the Comprehensive Plan to Be Central Business District.
1.
Purpose. To provide a compact downtown business center supported by the comprehensive goals of the city.
2.
Architectural Character.
a.
Ground Floor Requirements. The ground floor (street level) of new buildings shall accommodate pedestrian friendly elements.
b.
Orientation. Shall be designed so the building's ground level, street facing facades are constructed to abut a public sidewalk or plaza or outdoor patio or seating area.
c.
Accessibility. Shall be visually and physically accessible to the pedestrian at the sidewalk or plaza level.
d.
Facade. All buildings shall include a "storefront" on the ground floor consisting of a minimum of 50% glass. The front of any building is the facade that fronts upon any street. The area of glass storefront may be reduced if the council finds that it is not feasible due to the use of the building.
e.
Exterior Surfaces. The exterior vertical surface of a building shall be designed to minimize the environmental impacts such as glare and reflected heat. High quality nonreflective architectural materials are particularly encouraged.
f.
Detailing. Architectural detailing shall be an important consideration for design approval. Attention to detail in architectural elements shall include, but is not limited to, walls, pilasters, parapets, cornices, columns, windows, doors, awnings, exterior lighting, ledges, eaves, colors and materials.
4.
Streetscape. Below are the minimum streetscape requirements. Additional design criteria may be approved by resolution of the council.
a.
Sidewalks shall be a minimum of 10 feet wide and shall abut the curb. The sidewalks are to provide for a minimum of six feet wide walkway with the four feet adjacent to the curb to be for street trees, historic style light posts, pedestrian furnishing, public art and similar amenities.
b.
Street trees shall be spaced approximately 35 feet apart. A four foot wide by eight foot long tree planter area shall be provided for each street tree. To minimize root impacts, the sidewalk construction shall include a one foot by one foot footing at the sidewalk planter border and a minimum four foot deep root barrier shall installed along the entire planter edge. The exposed planter area shall include ground cover to be approved with the design review application.
c.
Streetlights shall be located a maximum distance of 100 feet apart. Said streetlights are not required to be located in alignment across the street from each other.
d.
Bollard style pedestrian lighting shall be required along all pathways not illuminated by street and/or site lighting.
e.
Public art is encouraged and/or areas should be made available for the placement of public art in the future.
f.
Furnishings shall be required for all applications incorporating streetscape improvements, pedestrian areas and/or plaza areas. Furnishings may include flagpoles, benches, seating/tables, planters, bike racks, outdoor clocks, drinking fountains, wall lamps, waste receptacles and other similar amenities as may be approved with the design review application.
(Ord. 269, 9/15/2025)
§ 18.15.100 Utilities and mechanical equipment.
A.
Utility service systems shall not detract from building or site design.
B.
Cable, electrical, telephone service lines, and the like shall be installed underground.
C.
The location and design of transformers, pad mount and roof mounted mechanicals and electrical equipment shall be screened to limit visual impact.
D.
All roof mounted mechanicals shall be completely screened from view, meaning "not visible" at the same level or elevation of the parapet wall which is the perspective generally as shown on an elevation plan, through the use of a parapet wall when utilizing a flat roof design or shall be enclosed within the building when utilizing a roof design other than a flat roof.
(Ord. 269, 9/15/2025)
§ 18.15.110 Streets and alleys.
All new development shall be required to improve rights-of-way adjacent to or within the development as follows:
A.
Alleys shall be paved the full width of the right-of-way.
B.
Public roads designated as local roads shall be constructed with curb, gutter and pavement measuring a minimum of 37 feet from the back of curb to back of curb. If development is only occurring on one side of an existing gravel road the pavement section shall be a minimum of 26 feet wide and shall be crowned at the ultimate centerline with no curb or gutter required on the non-developing side.
C.
Public roads designated as collector or commercial roads shall be constructed with curbs, gutter and pavement measuring a minimum of 47 feet from the back of curb to back of curb. If development is only occurring on one side of an existing gravel road the pavement section shall be a minimum of 26 feet wide and shall be crowned at the ultimate centerline with no curb or gutter required on the non-developing side.
(Ord. 269, 9/15/2025)
§ 18.15.120 Landscape and buffer area requirements.
A.
Landscape Plan Required. A landscape plan is required for all developments requiring a design review, including, but not limited to, all subdivisions.
B.
Landscape as Percent of Site.
1.
Landscaping shall cover a minimum of 15% of the property. Hardscape plaza areas, such as decorative concrete/paver patios that are integrated into the design of the landscaped area, may be included in the 15% landscape coverage requirement.
2.
All ground being approved for development which is not covered with structures and hardscapes shall be landscaped.
3.
All landscape improvements required in this title shall count toward fulfillment of the above minimum percentages.
C.
Existing Vegetation.
1.
Existing trees that are planned to be retained shall be protected from damage to bark, branches, or roots during construction. Construction or excavation occurring within the drip line of any public or private retained tree may severely damage the tree. Grade changes and impervious surfaces shall only be allowed at a distance from the trunk of a retained tree equal to the diameter of the tree trunk plus six feet, or to the drip line, whichever is furthest from the trunk.
2.
Existing vegetation which is to be retained may be used to satisfy the minimum required landscaping.
D.
Prohibited Materials and Landscaping.
1.
No required landscape areas shall include artificial trees, plants, or any carpeting designed as a vegetative substitute.
2.
Clear vision triangle shall be observed in regard to all vegetation. All shade trees planted within vision triangles shall be pruned to a minimum seven feet above the adjacent sidewalk and 14 feet above the adjacent roadway surface. Shrubs and ground covers planted within the vision triangle shall not exceed three feet height at maturity. The boundaries of the vision triangle are defined by measuring from the intersection of the edges of two adjacent roadways 40 feet along each roadway and connecting the two points with a straight line. The sight distance obstruction is also applicable to railroad-highway grade crossings with the vision triangle defined by measuring 40 feet along the railroad property line. In all cases, ITD standards shall apply also.
3.
When the city determines that a sight obstruction exists, it shall notify the owner of the property upon which the obstruction is located and order that the obstruction be removed within 15 days. The failure of the owner to remove the obstruction shall constitute a misdemeanor, punishable as provided for in this title.
E.
Installation and Minimum Standards.
1.
Accepted nursery standards and practices shall be followed in the planting and maintenance of landscaped areas.
2.
Soil and slope stabilization must result after landscape installation.
3.
Root barriers shall be installed for all new trees planted adjacent to existing or proposed public or private sidewalks and paving.
4.
The minimum acceptable size for deciduous trees shall be three inch caliper, balled and burlapped.
5.
The minimum acceptable size for evergreen trees shall be six feet to seven feet balled and burlapped.
6.
All landscaped areas adjacent to vehicular areas are to be protected with an approved curbing material.
F.
Tree Species Mix.
1.
When more than 10 trees are to be planted to meet the requirements of these guidelines, a mix of species shall be provided. The number of species to be planted shall vary according to the overall number of trees required to be planted. Species shall be planted in proportion to the required mix. See the table below:
Required Number Of Trees | Minimum Number Of Species |
|---|---|
11 – 20 | 2 |
21 – 30 | 3 |
31 – 40 | 4 |
41 plus | 5 |
G.
Maintenance.
1.
All required landscaping shall be permanently maintained in a healthy growing condition by the property owner or the property owner's representative. This includes the maintenance of street trees and/or other landscape materials within or abutting the public right-of-way adjacent to the subject property. The property owner shall remove, and if required to meet the standards of these requirements, shall replace any unhealthy or dead plant material immediately or as the planting season permits. In all cases, maintenance and planting within public rights-of-way shall be with approval from the public and/or private entities owning the property.
H.
Completion Time.
1.
The Administrator may authorize a delay in the completion of planting due to weather conditions, if a surety for 150% of the cost of installation is provided to the city.
I.
Irrigation Required. An underground automatic irrigation system is required for all development, except where determined not necessary by the council.
1.
All required landscaped areas must be provided with an automatic underground irrigation system.
2.
Provide an appropriate backflow prevention device.
3.
Provide full 100% coverage.
4.
Wherever feasible, sprinkler heads irrigating lawn or other high water demand landscape areas shall be circuited so that they are on a separate zone or zones from those irrigating trees, shrubbery or other reduced water demand areas.
5.
Sprinkler heads shall be placed as required to reduce direct overthrow onto non-pervious areas (walks, drives, etc.).
6.
The use of low trajectory spray nozzles is encouraged in order to reduce the effect of wind velocity on the spray system.
7.
Use of non-potable water for use in the irrigation of lawn and plant material is required when determined to be available.
8.
Maintain all irrigation systems to ensure proper operation and water conservation.
J.
Buffer Areas/Common Lots.
1.
Definition. A transition zone or buffer area consists of horizontal space (land) and vertical elements (plants, berms, fences, or walls). The purpose of such buffer space is to physically separate and visually screen adjacent land uses which are not fully compatible due to differing facilities, activities, or different intensities of use, such as townhouses and a convenience store, or a high-volume roadway and residential dwellings.
2.
Minimum Requirements.
a.
When a commercial or industrial use abuts a residential use, a 10 foot wide by six foot high landscaped buffer is required.
b.
When a parking lot abuts a residential activity, a five foot wide by six foot high landscaped buffer is required.
c.
To conceal outdoor storage areas, trash receptacles, exposed equipment associated with any commercial or industrial activity, and off-street loading when adjacent to or in view from a residential activity or public street right-of-way, a five foot wide by six foot high landscaped buffer is required.
3.
Materials.
a.
All buffer areas shall be comprised of, but not limited to, a mix of evergreen and deciduous trees, shrubs, and ground cover in which evergreen plant materials comprise a minimum of 60% of the total plant material used.
b.
Height requirements shall be accomplished with plant material, with a fence or decorative wall.
c.
The required buffer area shall result in an effective barrier within three years and be maintained such that 60% or more of the vertical surface is closed and prevents the passage of vision through it.
d.
Chain link fencing, with slats or otherwise, and cedar fencing is prohibited for screening.
4.
Major Roadways. New single-family residential developments shall be buffered from streets classified as collectors, arterials, freeways, or expressways, to protect residential communities from noisy, potentially dangerous, high speed roads. The "buffer area" shall be defined as a common lot located between the residential lots within the subdivision and the right-of-way line of the adjacent roadway. This buffer is required as part of the common area open space owned and maintained by a homeowners' association. Any landscaping proposed to be within the public right-of-way shall not be included as a part of the buffer area required below. The height for berming/fencing, as noted below, shall be measured from the elevation of the final grade of the adjacent roadway (measured at the centerline) to the top of the proposed berming/fencing. The required buffer area width, plantings, and fencing are as follows:
a.
Any road designated as a collector on the transportation network plan in the Donnelly comprehensive plan:
A minimum 25-foot-wide buffer area (not including right-of-way) shall be provided with the following plants per 100 linear feet of right-of-way: two shade trees, three evergreen trees, and 12 shrubs. Each required shade tree may be substituted with two flowering/ornamental trees, provided that not more than 50% of the shade trees are substituted.
A minimum five foot high, maximum eight foot high, berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof, shall be provided within the buffer area. The maximum slope for any berm shall be three feet horizontal distance to one foot vertical distance. If a decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided in combination with the berm, a four-foot-wide flat area shall be provided for the placement of the decorative wall. Chain link, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted.
b.
Any road designated as an arterial (excluding Highway 55) on the transportation network plan in the Donnelly comprehensive plan:
A minimum 35 foot wide buffer area (not including right-of-way) shall be provided with the following plants per 100 linear feet of right-of-way: three shade trees, four evergreen trees, one flowering/ornamental tree, and 12 shrubs. Each required shade tree may be substituted with two flowering/ornamental trees, provided that not more than 50% of the shade trees are substituted.
A minimum five foot high, maximum eight foot, berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof, shall be provided within the buffer area. The maximum slope for any berm shall be three feet horizontal distance to one foot vertical distance. If a decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided, in combination with the berm, a four-foot-wide flat area shall be provided for the placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted.
c.
State Highway 55:
A minimum 50 foot wide buffer area (not including right-of-way) shall be provided with the following plants per 100 linear feet of right-of-way: three shade trees, five evergreen trees, two flowering/ornamental trees, and 12 shrubs. Each required shade tree may be substituted with two flowering/ornamental trees, provided that not more than 50% of the shade trees are substituted.
A minimum 10 foot high, maximum 12 foot high, berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof, shall be provided within the buffer area. The maximum slope for any berm shall be three feet horizontal distance to one foot vertical distance. If a decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided, in combination with the berm, a four foot wide flat area shall be provided for the placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted.
5.
Common Areas. New residential subdivision common area landscapes shall be comprised of the following:
a.
Lawn, either seed or sod.
b.
A minimum of one deciduous shade tree per 2,000 square feet. For design flexibility, half of the required shade trees may be substituted on a two to one basis with ornamental and evergreen trees.
c.
Common area buffer areas should include a variety of species, arranged to create varied and attractive views. Open fences, decorative walls, and berms may be used. Height changes, offset angles, different materials, and other design techniques are required so as to create variety.
K.
Parking Lot Landscaping.
1.
Visual Impact. Landscaping shall be provided to minimize the visual impact of off-street parking:
Parking should be located to the side and rear of buildings and shall be screened so that it does not dominate the streetscape. Fences, hedges, berms, and landscaping may be used to screen parking areas (chain link fencing shall not be permitted). In the design of large parking areas, arrange bays of parking spaces to be separated by landscaping. When parking lots occur on sloping terrain, step the parking lots to follow the terrain rather than allowing the lot surface to extend above natural grade.
2.
Parking Lot Landscape Strip.
Provide a 10 foot wide landscaped strip between the right-of-way and the parking lot, and plant with a minimum of one shade tree and 10 shrubs per 35 linear feet of frontage, excluding driveway openings, except that any property zoned CBD (Central Business District) shall provide a four foot wide landscaped strip between the right-of-way and the parking lot, and plant a minimum of one shade tree and five shrubs per 35 linear feet of frontage, excluding driveway openings.
3.
Parking Lot Perimeter Landscaping. Perimeter landscaping requirements define parking areas. This requirement does not hinder the ability to provide vehicular access between lots.
a.
Provide a minimum five foot wide perimeter landscaped strip bordering the parking lot, and plant with a minimum of one shade tree and five shrubs per 35 linear feet of perimeter.
4.
Parking Lot Interior Landscaping.
a.
Calculated Amount. Interior parking lot landscaping shall be required on any parking lot with 10 spaces and above. The required amount of landscaping is based on a sliding scale, as follows:
Total Number of Spaces | Percent of Total Area of a Lot That Must Be an Interior Landscaped Area |
|---|---|
10 – 20 | 5% |
21 – 50 | 8% |
51 + | 10% |
b.
Additional Requirements.
i.
No interior planter shall be less than five feet in any dimension except where the council determines that geometric constraints would permit a reduction.
ii.
No parking space shall be more than 100 feet from an interior landscaped area.
iii.
Parking islands are to be as evenly spaced as feasible throughout the lot to consistently reduce the visual impact of long rows of parked cars.
iv.
Deciduous shade trees and ground covers or low shrubs are recommended as primary plantings in interior landscaped areas. Deciduous shade trees are to be clear branched to a height of six feet.
v.
A terminal island for a single row of parking spaces shall be landscaped with at least one tree and shrubs, ground cover, or grass. A terminal island for a double row of parking spaces shall contain not less than two trees and shrubs, ground cover, or grass.
L.
Landscaped Commercial Strips.
1.
Except in the central business district, landscaped strips shall be provided between all building development and public rights-of-way to lend continuity among different architectural styles, screen unsightly views, establish a pleasing view for motorists, and create a safe and pleasant corridor for pedestrians.
a.
The landscaped strip shall be 10 feet wide minimum and planted with one shade tree and 10 shrubs for every 35 feet of street frontage. Two ornamental or two evergreen trees may be substituted for one shade tree.
M.
Parkway Strips, Separated Sidewalks, and Street Trees.
1.
Sidewalks that are to be separated from the curb along streets and meandering sidewalks when space permits shall have an average six foot wide minimum parkway planter strip planted with shade class (class II or class III) trees to be between the sidewalk and street to provide a canopy effect over streets.
2.
One street tree should be planted per 35 linear feet of street frontage.
3.
Root barriers will be required.
N.
Alternative Methods of Compliance.
1.
Project Conditions. It is not the intent of these landscape requirements to inhibit creative solutions to land use problems. Under certain site conditions, a strict interpretation of requirements may be either physically impossible or impractical. Alternative compliance is a procedure that allows certain modifications to existing regulations within this section. Requests for use of alternative landscaping schemes are justified only when one or more of the following conditions apply:
a.
The sites involve space limitations or unusually shaped parcels;
b.
Topography, soil, vegetation, or other site conditions are such that full compliance is impossible or impractical;
c.
Due to a change of use of an existing site, the required bufferyard is larger than can be provided; and
d.
Safety considerations are involved.
2.
Request for Alternative Method of Compliance. Along with the design review application, the applicant must provide the city with a written request and justification if an alternative method of compliance is proposed. The request shall state which requirement as set forth within this section is to be modified, what project conditions stated herein justify using the proposed alternative, and how the proposed alternative equals or exceeds said requirement.
O.
Plan Preparation. Landscape plans to be submitted for approval shall be prepared by a landscape architect, landscape designer, qualified nurseryman, or someone knowledgeable in the field of landscape design.
(Ord. 269, 9/15/2025)
§ 18.15.130 Sign regulations.
A.
Purpose. The purpose of these regulations is to establish standards for the fabrication, erection, and use of signs, symbols, markings, and advertising devices within the city. These standards are enacted to protect the public health, safety, and welfare of persons within the community. They are intended to aid in the development and promotion of business and industry by providing sign regulations which encourage aesthetic creativity, effectiveness, and flexibility in the design of such devices without creating detriment to the general public.
B.
Applicability.
1.
The following criteria shall apply to all signs within the city. It is the intent of these regulations to encourage interesting, creative, and unique approaches to the design of signs. Sign materials and overall appearance shall complement the building architecture and colors. To determine applicable regulations for any sign not specifically defined herein, the Administrator shall use the definition or classification within title which most closely defines or classifies any such sign.
2.
The number, area, and height of signs as outlined are intended to be maximum standards which do not necessarily ensure architectural compatibility. Therefore, in addition to the enumerated maximum standards, the city shall give consideration to a sign's relationship to the overall appearance of the subject property as well as the surrounding area.
3.
Materials and Appearance. It is the intent of this title to encourage interesting, creative, readable, effective, uncluttered, and well-maintained signage. Sign materials and appearance shall be complementary to the building architecture and colors.
4.
Nonconforming Signs. All signs in the entire city on the effective date hereof shall conform to this title upon any structural change to the sign, sign base, or building to which it is attached, or upon any change in the face or copy of the sign for the business to which such sign pertains if the use associated with the business is changed.
5.
Change of Face, Copy and/or Logo on Signs. For signs conforming to this title, a permit shall not be required for a change of face, copy and/or logo on any such sign, provided that the sign structure is not changed in any way and provided that the colors previously approved by the city are not changed.
6.
Signs of Historic Significance. By specifying what is being proposed and what regulation(s) are being waived, the council may waive sign requirements for any sign with a finding by the council that the existing or proposed sign is of historic significance related to its connection to historical events, persons, and periods, as well as its artistic and architectural value. The council must find that, unlike a modern sign, a sign of historic significance shall provide a tangible link to Donnelly's past and shall offer a unique glimpse into the culture, commerce, and design of its era.
C.
Wall Signs. Wall signs, including fuel island canopy signs, shall be permitted for all non-residential buildings and shall be designed to be proportional with and compatible to the building design.
D.
Monument Signs.
1.
For single-tenant buildings which are not within the CBD or within a "shopping center," monument signs shall not exceed 14 feet in height.
2.
For multi-tenant buildings which are not within the CBD or within a "shopping center," monument signs shall not exceed 16 feet in height.
3.
For single-tenant buildings which are within the CBD monument signs shall not exceed eight feet adjacent to a roadway that is not designated as a state highway and 14 feet adjacent to any state highway.
4.
For multi-tenant buildings which are within the CBD monument signs shall not exceed 10 feet adjacent to a roadway that is not designated as a state highway and 16 feet adjacent to any state highway.
5.
For any single-tenant building or multi-tenant building which is not located in a shopping center, one monument sign per abutting street shall be permitted.
6.
A "shopping center" as defined by this title shall be allowed one monument sign per street that it abuts for any site less than 20 acres in size and two signs for any site 20 acres in size or larger. The height of any such sign shall not exceed 20 feet adjacent to a roadway that is not designated as a state highway and 30 feet adjacent to any state highway. If the shopping center has a single address, the address shall be located on the monument sign and shall be a size that is readable from the street.
7.
In addition to any shopping center monument signs, any single-tenant building within a shopping center, and adjacent to a roadway, shall be permitted one monument sign. The height of any such sign shall not exceed eight feet adjacent to a roadway that is not designated as a state highway and 10 feet adjacent to any state highway.
8.
The minimum distance between monument signs on a single parcel shall be 80 feet.
9.
No monument sign shall be any closer than 20 feet from a monument sign, or other freestanding sign, on an adjacent property.
10.
Monument signs are permitted to be double faced and the sign area shall be in proportion with and compatible to the overall sign design.
E.
Subdivision Signs. One subdivision sign may be permitted on each side of any entry road into a subdivision, or within the landscape median at the entry road if approved by the city, and at the intersection of any collector and/or arterial streets abutting the subdivision.
F.
Free Hanging Signboards. Free hanging signboards shall not extend beyond the porch or canopy to which it is attached. A minimum distance of seven feet six inches shall be required between a walkway and the bottom of a free hanging signboard.
G.
Drive-Through/Drive-Up Service Menu Board Signs. If provided with lighting, the lighting shall be installed, operated, and maintained to be harmonious and appropriate in appearance with the existing and intended character of the general vicinity and will not change the essential character of the same area, and the lighting will not be disturbing to existing or future neighboring uses.
H.
Vendor and Temporary Merchant Signs. Shall comply with all the requirements of portable on premises advertising signs except that any temporary vendor sign shall be allowed only for the length of time that the temporary vendor is in operation.
I.
Automated Signs. Automated signs may be permitted as a part of a monument sign and shall be prohibited in all other types of signs with regulations as follows:
1.
The lighting shall be harmonious with and in accordance with the general objectives, or with any specific objective of this title;
2.
The lighting shall be installed, operated, and maintained to be harmonious and appropriate in appearance with the existing and intended character of the general vicinity and will not change the essential character of the same area; and
3.
The lighting will not be disturbing to existing or future neighboring uses.
4.
Automated signs shall be prohibited in the area shown as Central Business District in the comprehensive plan, and in residential zoning districts.
5.
All automated signs that utilize light to create change may change frame content through dissolve, fade or scroll features only. No sign shall be operated in a manner which the sign, sign structure, design or pictorial segment of the sign shows full animation, growing, flashing, rotating content, or otherwise creating an illusion of movement, except for single color text only message displays scrolling or traveling across the sign area.
6.
The signs shall only change frame content not more than once every eight seconds. The change of content must change immediately within a period of less than one second.
7.
Based on brightness measured in nit (an illuminative brightness measurement equivalent to one candle per square meter measured perpendicular to the rays of the source); automated signs that utilize light to change frames shall contain an auto-dimmer allowing for no more than 5,200 nit illumination between sunrise and sunset and up to 300 nit illumination between sunset and sunrise.
8.
The automated sign portion of any sign should be constructed into the sign in a manner in which it is subordinate to the overall design of the sign. The automated sign portion of any sign shall not exceed 20% of the face of any sign.
9.
Where more than one sign is allowed only one sign may contain an automated sign.
10.
The addition of an automated sign to any nonconforming sign is prohibited.
11.
Any conforming existing sign or portion of a conforming existing sign that is refaced with an automated sign shall require a design review approval.
J.
Directional Signs. Directional signs for an individual business or within the boundaries of a shopping center are permitted only with the approval of the design review application.
K.
Special portable signs, which are not classified as portable temporary signs as regulated within this title, which are used on an ongoing daily basis throughout the year may be permitted by the city if the following criteria is complied with:
1.
Special portable signs shall require a design review application and approval.
2.
Special portable signs shall be unique in character and materials shall be weatherproofed and shall be properly maintained.
3.
Illumination for special portable signs is prohibited.
4.
No more than one special portable sign shall be permitted for any business.
5.
Special portable signs shall be a maximum of 12 square feet and a maximum of four feet high.
6.
Special portable signs shall only be permitted on the parcel on which the business is located or on the sidewalk adjacent to the parcel and shall not be permitted on any other parcel except that any multitenant site shall have the sign on the site and not on any other site.
7.
Special portable signs on a public sidewalk abutting the business's parcel may be permitted if a minimum of five feet of unobstructed walkway, or ADA required minimum, remains for pedestrians.
8.
Any sign in a driveway or street sight vision triangle shall be a maximum of 32 inches high measured from the driveway or street.
9.
Special portable signs shall be moved inside of the building at the end of each business day.
L.
Sign Illumination. Any illuminated sign permitted under the specific regulations within this title is designed such that brightness levels are controlled to assure a soft, subtle effective light in accordance with other city regulations. Illumination types, styles, and practices not listed herein shall be prohibited unless otherwise deemed by the city council to be consistent with this title.
1.
Permitted Illumination.
a.
Floodlighting: permitted only through the use of incandescent and high pressure sodium light sources. Metal halide is not permitted as a light source.
b.
Exposed neon: permitted when used to create the sign letter(s) or as an architectural element as part of the sign design. A maximum of 430 milliamps is permitted.
c.
Halo illumination.
2.
Prohibited Illumination. All types of internal illumination.
M.
Landscaping. Landscaping shall be provided at the base of all monument signs.
N.
Master Sign Plan. A developer who retains control over one or more structures or buildings intended for business occupancy in a shopping center site, mini-mall, multitenant commercial or industrial facility, or similar project shall submit a master sign plan to the city for approval. The master sign plan shall show sign colors, styles and locations of buildings, maximum size, illumination, and materials to be used. All signs in a master sign plan shall be in harmony with the adjacent and nearby building architecture and colors as determined by the design review board.
O.
Nonconforming Signs. All signs in the entire design review overlay district on the effective date hereof shall conform to this title upon any structural change to the sign, sign base, or building to which it is attached, or upon any change in the face of the sign for the business to which such sign pertains.
P.
Prohibited Signs. The following types and styles of signs shall be prohibited. Prohibited signs are subject to removal by the city at the owner's or user's expense.
1.
Moving, revolving, intermittent, oscillating, animated, or flashing signs.
2.
Portable interior illuminated, exterior signs.
3.
Roof signs.
4.
Wall signs that extend above the parapet wall.
5.
Permanent reader board signs in excess of 20 square feet are prohibited and all temporary reader board signs are prohibited.
6.
Signs purported to be, or which are, an imitation of, or resemble an official traffic sign or signal, or which bear the words "stop," "danger," "warning," or similar words in a manner potentially causing confusion with such official signs or signals.
7.
Signs which by reason of their size, location, movement, content, coloring or manner of illumination may be confused with or construed as a traffic control sign, signal or device, or the light of an emergency or radio equipment vehicle, or signs which obstruct the visibility of any traffic or street sign or signal device.
8.
Signs or displays, chasing or scintillating lights, flares, bubble machines and similar devices containing elements creating sound or smell.
9.
A-frame, sandwich board, sidewalk, banner, pennant and similar signs except as may be permitted within this title shall be prohibited.
10.
Miscellaneous signs and posters. Signs or posters which are visible from a public way and are tacked, pasted, or otherwise affixed to or upon the walls of buildings, trees, poles, posts, fences, hydrants, bridges, or other structures.
11.
Portable signs, including A-frame signs, banners, sandwich signs, curb signs, pole attachments, mobile signs, but not including real estate open house signs or political signs.
12.
Off premises signs. No sign shall be permitted which is not related to the property upon which it is located, or to the activity being conducted thereon.
13.
Billboards.
14.
Beacons and strobe lights.
15.
Inflatable tethered blimps or balloons.
16.
Pole signs.
Q.
Temporary Signs. Temporary signs shall be in compliance with the conditions specified within this title. Written city approval shall not be required unless stated herein.
1.
Governmental. Governmental or other legally required posters, notices or signs.
3.
Signs on a construction site which do not exceed eight feet overall height.
4.
Subdivision Directional Signs (Temporary). Temporary subdivision directional signs may be permitted subject to the following conditions:
a.
Signs shall be designed to comply with city standards.
b.
Sign copy shall be limited to subdivision name with directional information, trade information and/or price range.
c.
Maximum of six signs may be utilized for any subdivision within the city limits.
d.
All directional signs must be located within two miles of the development.
e.
Signs shall be displayed and grouped to the largest extent possible with directional signs for other subdivisions to guard against a cluttered effect.
f.
Not more than four directional signs to be clustered in one group located not less than 300 feet from a previously approved site.
g.
All signs to be placed on private property shall have written consent of the property owner obtained and filed with the city clerk prior to issuance of a permit.
h.
A sign location plan shall be prepared showing the site of each directional sign approved and on file with the city prior to the issuance of a permit.
i.
Signs are allowed only when a change in direction is required to lead customers to subdivision site.
j.
All nonconforming subdivision directional signs must be removed prior to issuance of a permit.
5.
Grand Openings. A-frame, sandwich board, sidewalk, banner, pennant and similar signs may be permitted for a grand opening for a new business or enterprise or for a grand opening for a business or enterprise under new management for a maximum period of 30 calendar days.
6.
Temporary Sign in Lieu of Permanent Wall Sign. A business identification banner, or similar sign, may be permitted on a temporary basis, not to exceed 120 days, during approval and construction of any wall sign for a new business. Said sign shall be removed when the permanent sign is installed, not to exceed 120 days.
7.
Temporary Sign in Lieu of Permanent Monument Sign. A business identification A-frame, sandwich board or similar sign, may be permitted on a temporary basis, not to exceed 120 days, during approval and construction of any monument sign for a new business. Said sign shall be removed when the permanent sign is installed, not to exceed 120 days.
8.
Other Portable/Temporary Signs. A-frame, sandwich board, sidewalk, banner, pennant and similar signs shall be permitted for a maximum of 30 days (days need not be consecutive) within any three calendar months if the following criteria is complied with (this section does not apply to "special portable signs" as regulated within this chapter):
a.
No more than two portable/temporary signs shall be permitted for any business.
b.
Other than banner type signs, portable/temporary signs shall be a maximum of nine square feet along roadways with three or less travel lanes with a speed limit of 25 miles per hour or less and 16 square feet along roadways with more than three travel lanes or along roadways with a speed limit of over 25 miles per hour.
c.
Banner type signs shall be a maximum of 20 square feet.
d.
Other than banner type signs, portable/temporary signs shall be a maximum of three feet in height along roadways with three or less travel lanes with a speed limit of 25 miles per hour or less and five feet in height along roadways with more than three travel lanes or along roadways with a speed limit of over 25 miles per hour.
e.
Portable/temporary signs shall only be permitted on the parcel, or sidewalk abutting the parcel, on which the business is located and shall not be permitted on any other parcel except that any multitenant site shall have the sign on the site and not on any other site.
f.
Portable/temporary signs on a public sidewalk abutting the business's parcel may be permitted if a minimum of five feet of unobstructed walkway, or ADA required minimum, remains for pedestrians.
g.
Portable/temporary signs shall not be permitted to be on or within any berm or any portion of a landscaped area.
h.
Other than banner type signs, portable/temporary signs shall be moved inside of the building at the end of each business day.
i.
Other than banner type signs, portable/temporary signs shall be reviewed and approved by the Administrator, or staff member designated by the Administrator, and one design review board member within five working days of the proposal being submitted to the city.
j.
All portable/temporary signs be made of weatherproof material.
9.
Temporary Vendor Signs. Signs for temporary vendors shall comply with all the requirements herein except that any temporary vendor sign shall be permitted for the entire length of time that the temporary vendor is in operation.
10.
Temporary Seasonal or Community Event Signs. Temporary signs for holiday seasons or special, nonbusiness related, community events (i.e., school ball games, etc.) shall be permitted for a maximum of 60 days for the season, or for a maximum of 30 days for the event. Sign sizes and locations shall comply with the conditions above.
R.
Exemptions From Provisions. The provisions and regulations of this section shall not apply to the following signs, nor shall the area of such signs be included in the area of signs permitted for any lot or use:
1.
Signs not exceeding six square feet in area, erected for the convenience of the public, such as signs identifying restrooms, public telephones, walkways and similar features or facilities.
2.
Memorial signs or tablets, names of buildings and dates of erection, when cut into the surface or the facade of the building or when projecting not more than two inches.
3.
Traffic or other municipal signs (signs required by law); railroad crossings signs, legal notices, and such temporary emergency or non-advertising signs as may be authorized by the city council.
4.
Signs of public utility companies indicating danger or which show the location of underground facilities or of public telephones.
5.
One real estate sign on any lot, provided such sign is located entirely within the property that is for sale, is unlighted, does not exceed 32 square feet in area, and is removed within 15 days after the close of the escrow, or the rental or lease has been accomplished.
6.
House numbers, nonilluminated or externally illuminated "no trespassing," "no parking" and other warning signs located on the lot to which the sign is appurtenant and not exceeding six square feet in area; one nonilluminated or externally illuminated nameplate not exceeding one square foot in area for each dwelling unit.
7.
"No trespassing," "no dumping," "no parking," "private," and other informational warning signs which shall not exceed six square feet in surface area.
8.
Signs located in the interior of any building or within an enclosed lobby or court of any building or group of buildings, which signs are designed and located to be viewed exclusively by patrons of such use or uses.
9.
Reasonable seasonable decorations within the appropriate holiday season. However, such displays shall be removed at the end of the public holiday season.
10.
The flag of a commercial institution. No more than one flag is permitted per business premises, the flag shall not exceed 20 square feet in surface area, and shall be left loose to fly in the breeze.
11.
Sculptures, fountains, mosaics and design features which do not incorporate advertising or identification.
12.
Sandwich board signs worn by a person while walking the public ways of the city.
13.
Existing signs pertaining to any business which is found by the council to be of local historical significance are exempt from the provisions of this chapter.
14.
Nonilluminated window signs may cover a maximum of 25% of the window.
15.
One neon window sign no larger than four square feet or 10% of the window where it is placed, whichever is larger, shall be permitted per business. Neon window signs shall be reviewed and approved by the Administrator, or staff member designated by the Administrator, and one design review board member.
16.
Door signs identifying the business and/or indicating business hours, emergency phone numbers, etc., shall be permitted up to a maximum of two square feet.
17.
Murals shall not be considered signs as long as the mural is not used or is intended for use as business identification. Murals shall be nostalgic in nature and shall follow the theme of Donnelly architecture. After receiving a recommendation from the Donnelly arts commission, all murals shall be reviewed and approved by the design review board and city council.
18.
All signs owned by the city of Donnelly, including but not limited to prohibited signs, shall be exempt.
(Ord. 269, 9/15/2025)
§ 18.15.140 Site and building lighting.
A.
All exterior lighting shall use full cut-off luminaries (shielded downward) with the light source downcast and fully shielded, with the following exceptions:
1.
Luminaries that have a maximum output of 400 lumens per fixture, regardless of number of lamps (equal to one 40-watt incandescent light), may be left unshielded, provided the luminary has an opaque top or is under an opaque structure.
2.
Luminaries that have a maximum output of 1,000 lumens per fixture, regardless of number of lamps (equal to one 60-watt incandescent light) may be partially shielded, provided the lamp is not visible and the luminary has an opaque top or is under an opaque structure.
3.
Floodlights with external shielding shall be angled; provided that no light is directed above a 25-degree angle measured from the vertical line from the center of the light extended to the ground, and only if the luminary does not cause glare or light to shine on adjacent property or public rights-of-way.
4.
For holiday lighting sensor-activated luminary, provided it is located in such a manner as to prevent glare and lighting onto properties of others or into a public right-of-way.
5.
Vehicular lights and all temporary emergency lighting needed by the fire and police departments, or other emergency services.
6.
Uplighting for flags provided the flag is of a government and the maximum lumen output is 1,300 lumens. Flags are encouraged to be taken down at sunset to avoid the need for lighting.
7.
Lighting of radio communication towers provided the owner or occupant demonstrates that the Federal Aviation Administration (FAA) regulations can only be met through the use of lighting that does not comply with this title.
8.
Lighting at Donald D. Coski Memorial Airport, provided the owner or occupant demonstrates that the Federal Aviation Administration (FAA) regulations can only be met through the use of lighting that does not comply with this chapter.
9.
Luminaries used for playing fields shall be exempt from the height restriction provided all other provisions of this chapter are met and the light is used only while the field is in use.
B.
Additional Requirements.
1.
Any lights used to illuminate a site shall be arranged to reflect the light away from adjoining property.
2.
All parking areas shall be illuminated in accordance with the provisions of this chapter.
3.
When historic style light pole fixtures designed such that the portion of the fixture housing the light bulb is to be exposed as a design element of the light fixture are approved, shielding shall only be required so the light is not directly visible by a person of average height standing on the property line of any residentially zoned parcel of land or parcel of land used for residential purposes. The light used shall be 150 watt high pressure sodium and the light fixture shall be provided with optics to direct light downward.
4.
Light pole fixtures shall have a maximum height of:
a.
Twenty feet for parking lots with less than 200 spaces;
b.
Twenty-five feet for parking lots with more than 200 spaces but less than 500 spaces;
c.
Thirty feet for parking lots with more than 500 spaces;
d.
Fifteen feet for any pole within 50 feet of a property line of any residentially zoned parcel of land or parcel of land used for residential purposes.
5.
Except as may be noted within this subsection, low pressure sodium lights, or 250 watt maximum high pressure sodium lights, shall be the only type of site lighting permitted.
6.
Metal halide lighting shall be permitted with the following additional conditions:
a.
Light wattage shall be a maximum of 320 watts.
b.
The light fixture shall be no higher than 17 feet.
c.
The council shall make the following findings prior to approving metal halide lighting:
i.
The lighting shall be harmonious with and in accordance with the general objectives, or with any specific objective of this chapter;
ii.
The lighting shall be installed, operated, and maintained to be harmonious and appropriate in appearance with the existing and intended character of the general vicinity and will not change the essential character of the same area; and
iii.
The lighting will not be disturbing to existing or future neighboring uses.
d.
Historic style light pole fixtures designed such that the portion of the fixture housing the light bulb is exposed as a design element of the light fixture shall not be permitted to have metal halide lighting.
7.
No light fixture shall exceed 3,000 kelvin except for emergency purposes.
8.
Existing lighting, for a site which is a part of any application, shall be changed to comply with current city code.
9.
Lighting plans shall be submitted with any design review application.
(Ord. 269, 9/15/2025)
§ 18.15.150 Procedures.
A.
All applications requiring design review approval shall be submitted to the Administrator for evaluation and scheduling before the city council.
B.
City Council Action. The council shall approve as presented, approved with supplementary conditions, continued for further review, or disapproved.
C.
Notice. Within 14 calendar days after a decision has been rendered by the council, the Administrator shall provide the applicant with written notice of the action on the request.
(Ord. 269, 9/15/2025)
§ 18.15.160 Term of approval.
Any approval given pursuant to the provisions of this chapter shall lapse and become null and void 24 months following the date on which it was given, unless, prior to the expiration date, construction or development is commenced and diligently pursued toward completion on the site which was the subject of the application. Upon written request to the Administrator, prior to the initial 24 month timeline, containing the reasons thereof, the Administrator may grant 12 month extensions of time for approved design review applications, provided the Administrator finds that the proposed development complies with current ordinance requirements.
(Ord. 269, 9/15/2025)
§ 18.15.170 Modifications.
After approval of a design review application, the applicant may request a modification(s) to the approved development plans or conditions. Such request shall be made upon an application form prescribed by the council and shall be determined pursuant to the standards set forth in this chapter.
A.
Administrative Approvals. The Administrator is authorized to approve minor modifications as specified below:
1.
Minor relocation of building pads or dwelling units due to conditions such as unanticipated topography, road alignment or easements; provided that the modification does not significantly alter the site design in terms of parking layouts, vehicular circulation, landscape design and other similar components of the development plans provided ordinance requirements are still met.
2.
An increase or decrease in a proposed setback provided ordinance requirements are still met.
3.
A change in building design relating to items such as materials, colors, window and door locations and mechanical units, provided the design remains essentially the same as that previously approved.
4.
A minor modification to a recreation area or open space design, but not elimination or a significant reduction.
5.
A minor change to landscape design/plant material changes.
6.
A minor change to parking lot/site plan.
B.
City Council Action. The following modifications shall require approval from the city council:
(Ord. 269, 9/15/2025)
§ 18.15.180 Sureties.
Prior to the issuance of a temporary certificate of occupancy, a surety in the form a cash deposit, certified check, certificate of deposit, or an irrevocable bank letter of credit (issued by a local bank in the Valley County or Treasure Valley area), in the amount equal to 150% of the estimated construction costs of site improvements, landscaping and irrigation shall be provided by the owner/developer and held by the city until said construction, landscaping and irrigation is complete. Construction cost estimates shall be reviewed and approved by the city Administrator prior to city acceptance of said surety. The surety initiation and extension fees shall be established by resolution of the city council. No final certificate of occupancy shall be issued until the required construction, landscaping and irrigation is complete
(Ord. 269, 9/15/2025)
§ 18.15.190 Inspection.
Certificate of Occupancy. The building inspector shall not issue a final certificate of occupancy to the applicant until the Administrator signs approval verifying that all of the requirements of the design review applications and this title have been complied with.
(Ord. 269, 9/15/2025)
§ 18.15.200 Council consideration of unusual conditions regarding improvements within rights-of-way.
When a property proposed for development is, in the opinion of the council, of such unusual shape or size, or is surrounded by such development or unusual conditions, that the strict application of the street improvement requirements contained herein would result in real difficulties and substantial hardships or injustices, the council may modify or waive such requirements by an official written statement and justification to be provided. Any such action is so that the developer is allowed to develop the property in a reasonable manner, but so, at the same time, the public welfare and interests of the city and surrounding area are protected and the general intent and spirit of this chapter are preserved. As used in this chapter, the phrase "real difficulties and substantial hardships or injustices" shall apply only to situations where strict application of the requirements of this chapter will deny the developer the reasonable and beneficial use of the property in question, and not in situations where the developer establishes only that exceptions will allow a more financially feasible or profitable development.
(Ord. 269, 9/15/2025)