Preamble/Intent. Certain districts are hereby established as "overlay districts," meaning that these districts are overlaid upon other duties. Lands so encumbered may be used in a manner permitted in the underlying district only if and to the extent that such uses are also permitted in the overlying district. These overlay districts are intended to offer a measure of extra protection for areas within the city deemed by the planning and zoning commission and the governing body to be worthy of an extra measure of protection. These districts include: the Green Belt Conservation Overlay District, the Bronze Belt Conservation Overlay District, and the Design Overlay District.

The Green Belt Conservation Overlay District is intended to protect and preserve the Green River Floodway through the community as a natural resource. The Green Belt Conservation Overlay District shall include only those areas designated as such on the adopted official zoning map of the City of Green River.

The Bronze Belt Conservation Overlay District is intended to protect the bluffs, buttes, rock formations and hillsides in the City of Green River that enhance the beauty and provide a visual backdrop for the City of Green River. The Bronze Belt Conservation Overlay District shall include only those areas designated as such on the adopted official zoning map of the City of Green River.

The Design Review Overlay District is intended to preserve the special historic and architectural character of the Green River Design Review Districts, and to protect private property values and public investment within the city, by ensuring that any exterior alterations to buildings and grounds are undertaken in conformance with design criteria which express this special character. These criteria are also intended to ensure that any modifications that are made respect the architectural integrity of the building being modified, but that they also respect the character and contributions of other buildings and of the street as a whole. Design review seeks to ensure that any modifications that are undertaken are properly executed and will not jeopardize the structural integrity of the building in the future.

The Green River Design Review Districts can be divided into three (3) distinctly different subdistricts based upon the architectural character of the structures in each. Each of the districts is distinctly different from the next and each makes its own contribution to the character and potential of the city. The subdistricts are as follows:

(1)

Traditional Commercial—The Traditional Commercial Subdistrict is comprised of Flaming Gorge Way (to the centerline of the alleys north and south of the street) and Railroad Avenue (to the centerline of the alley north of the street and to include the Union Pacific Depot, the Pedestrian Bridge, and the parking lot to the south of the street) from N. 3rd East Street to N. 2nd West Street and the side streets (N. 3rd East, N. 2nd East, N. 1st East, Center, N. 1st West, and N. 2nd West) between Railroad Avenue and Flaming Gorge Way. This subdistrict is the historic core of the City of Green River. It provides a link to our city's history and heritage, housing many of the oldest remaining structures in our community, meriting the greatest degree of protection and regulation.

(2)

Transitional Commercial—The Transitional Commercial Subdistrict is comprised of N. 4th West Street, W. 2nd South Street, Flaming Gorge Way from N. 2nd West Street to the West Interchange of Interstate Highway 80 as well as north on Wild Horse Canyon Road to include the B-1 zoning along that road, and Flaming Gorge Way from N. 3rd East Street to the East Interchange of Interstate Highway 80. This subdistrict includes both historic architecture as well as examples of more modern architecture and hence requires a slightly lesser degree of protection and regulation than the Traditional Commercial Subdistrict, yet more protection and regulation than the Contemporary Commercial Subdistrict.

(3)

Contemporary Commercial—The Contemporary Commercial Subdistrict is comprised entirely of Uinta Drive, from the overpass to South Hill. This subdistrict is marked with modern, or contemporary, architecture, hence, this district allows for the greatest degree of flexibility in the regulation of design. Design review and regulation is still necessary, however, to ensure that all development in this area meets certain standards for aesthetic quality and function.

The Design Review Overlay District and subdistricts shall include only those areas designated as such on the adopted official zoning map of the City of Green River.

(Ord. No. 10-04, § 1, 5-18-10)

Development and use of land within the Green Belt Conservation Overlay District and the Bronze Belt Conservation Overlay District shall be guided by the ability to comply with the following comprehensive master planning policies for the environment of the City of Green River:

A.

Criteria for the zones.

1.

Critical wildlife habitats shall be protected. Adequate impact mitigation measures shall be provided to ensure the preservation of existing wildlife.

2.

In order to protect the health, safety and welfare of city residents, the city shall discourage development and reserve the right to reject development on excessive slopes (twenty-five (25) percent or greater), rockfall zones and/or the 100-year floodway.

3.

The city shall encourage the development of areas with the least environmental constraints. If development is proposed on areas of moderate or severe environmental constraints, the developers shall be required to mitigate the problems.

4.

Developments shall be planned to minimize the disturbances to the environment. The disturbance of slopes and natural drainage areas shall be kept to a minimum to ensure that erosion, sedimentation, runoff and loss of ground cover are minimized.

5.

Areas that are considered to be valuable, scenic or unique features, such as Mansface and Castle Rocks, shall be preserved, as much as possible, as open space.

6.

The city shall take an active role in the preservation of a green belt along the river and shall encourage other agencies to recognize the value of a green belt system.

B.

Construction and excavation. No construction, excavation, disturbing of land or vegetation shall take place within the Green Belt Conservation Overlay District or the Bronze Belt Conservation Overlay District unless a permit has been granted through the special use review procedure of this chapter and that the comprehensive master planning policies described in section 7.2 of this chapter have been satisfied.

(Ord. No. 10-04, § 2, 5-18-10)

A.

Objectives.

1.

To encourage the retention of the visual and historic integrity of the districts while also encouraging creative design solutions. The criteria do not dictate styles or specified design motifs, but instead suggest a choice of approaches for achieving design compatibility.

2.

To protect property values by managing changes so they reinforce the assets of the district and make it more attractive to both visitors and investors. The values of individual historic structures, and of groups of historic buildings, will thus be strengthened and benefit the whole city.

3.

To promote quality workmanship, which will ensure that the project is done right the first time.

4.

To eliminate environmental deficiencies in the district, including, but not limited to, inappropriate land uses, deteriorated buildings, unsanitary and unsafe conditions, and deteriorated and inadequate site improvements and public improvements, including certain streets, intersections, and street lights.

B.

Design review procedures. No alterations to building exteriors, fences or grounds may be made until the project has been reviewed by the community development department and/or the planning and zoning commission. Any person wishing to alter building exteriors, fences or grounds within the design review district is required to complete a design review application available in the community development department. Upon review by the department, the project may be approved, recommended for review by the planning and zoning commission or remanded back to the applicant for further information. Deviation from the design criteria listed in this chapter will generate review by the planning and zoning commission.

Design review decisions by the planning and zoning commission may be appealed to the city council. If within forty-five (45) days from the date of receipt of a completed design review application by the community development department and the planning and zoning commission, the application is not acted upon, the city will issue the necessary permits and the project may proceed. This time limit may be waived by mutual consent of the applicant and the planning and zoning commission. A complete application should include, as necessary, to-scale drawings, elevations, sections, relevant plans of site and/or immediate environs if appropriate, and shall indicate materials and colors to be used, as well as any other information as shall be required. The commission may approve, approve with conditions, or deny the request.

C.

Design review. All exterior work within the design review district shall be required to receive design review in the following circumstances:

1.

The construction of a new building or movement of an existing building.

2.

Alteration which would change the exterior appearance of a structure, including changing the color of the exterior, changing the number of openings (changing the number of windows or doors, etc.), changing the main entrance of the building, changing the facade and/or changing the type of siding.

3.

The erection or substantial alteration of a wall, sign, fence, or any other exterior aesthetic attribute of the structure or property.

4.

The installation or alteration of outdoor lighting.

5.

Whenever an outdoor use within the design review district is established, enlarged, or changed to another use.

6.

Whenever alterations or additions are to be made within the design review districts that may have a substantial impact on the aesthetic, historic, economic, or other quality of life attributes associated with any property within the district.

D.

General design criteria.

1.

When reviewing proposed plans and designs for properties within the design review districts, the following criteria shall be considered:

a.

The general exterior appearance of the building. This should include architectural style, height, size, scale, shape, color, texture, building materials, and the historical appearance of the structure and its accessories.

b.

The relationship of the proposal to existing elements within the design review district area. These considerations should include: the ability of neighboring property owners to continue to use and enjoy their properties, property values, the general quality of life of city residents, and the effect of the proposal on the overall aesthetic attributes within the district.

c.

The design, size, scale, type, color, use, and location of all signs, walls, fences, and outdoors storage, proposed or existing.

d.

The illumination of buildings, grounds, parking areas, and signage. The lighting in the design review district area should be adequate to promote a safe and enjoyable place to live, work, shop, and recreate without being invasive to the enjoyment of residents, merchants, shoppers, and visitors. Outdoor lighting should be compatible with the existing public lighting and should be complimentary to existing lighting on the structure or the architectural style of the building.

e.

Consideration should also be given to probable future uses and structures in the area.

f.

Whenever possible, consideration shall also be given so that undue financial burden is not placed on the property owners through the design recommendations/requirements.

2.

These design criteria have been constructed in order to properly protect the buildings in the Green River Design Review Districts, and their relationship to one another in the face of development pressures. These pressures have become more acute in recent years, and by establishing these limited controls, the ambience and integrity of the Green River Design Review Districts can be maintained for the mutual benefit of the entire community.

E.

Building design criteria.

1.

General criteria.

a.

Alterations should be respectful of the character of one of the city's earliest commercial and warehousing districts, whose architectural type and elements represent a style unique to Green River's early history and heritage.

b.

The height of all new buildings and building alterations should be limited to three and one-half (3½) stories or forty (40) feet.

c.

For each structure, the roofing materials visible from the street should match existing materials or incorporate materials historically used in each district; the exterior walls of each new building should be finished in conformity with materials that are consistent with or complimentary to building materials historically used within the district.

d.

Mirrored or smoked glass windows should not be used in the Traditional Commercial District.

e.

Steel-framed windows and doors for buildings should be properly primed and enameled. The painting of exposed metal was historically a normal treatment.

f.

Walkway coverings, awnings and canopies should be of an appropriate design for the district. In the Traditional Commercial District, and where appropriate in the Transitional Commercial District, retractable awnings are preferred, and should be made of cloth or canvas material.

g.

Colors used in painting building exteriors should favor earth tones. Most paint companies have heritage collections. Within the Traditional Commercial District, and on other historically significant structures, unpainted brick should never be painted. When removing existing paint from brick a chemical stripping process should be implemented. Sandblasting and the use of highly pressurized water remove the baked-on outer layer of the brick and could compromise the integrity of the material, possibly decreasing the structure's life.

h.

Iron railing should be utilitarian styling as represented in the district.

i.

Permanent fences should avoid wire materials whenever possible.

2.

Criteria for rehabilitation/remodeling.

a.

Original facades should be retained. Generally, there is not reason to replace an historic facade with a contemporary substitute within the Traditional Commercial District.

b.

Existing windows and/or opening should be retained.

c.

Tile roofs and/or trim should be retained, where it exists or can be substantiated.

d.

Architectural features, such as enriched cornice window heads, enriched trim, cast iron elements, should be retained.

e.

Additions to buildings should be compatible in appearance by coordinating style, materials, scale and detail with the original buildings in the district.

f.

All remodeling or rehabilitation of exteriors should ensure the visual integrity of the building, and be compatible with the overall architectural character of each district.

g.

Original facades that have been covered since construction should be restored in conjunction with any facade rehabilitation work.

h.

Accessory buildings should generally be compatible with the other structures on the street and be subject to these criteria.

i.

Routine maintenance, repairs or replacements or elements on portions of existing facades shall not require an application to bring the entire facade into compliance with these criteria.

j.

Repainting of surfaces with colors that duplicate the existing colors shall be permitted. [Otherwise, see subsection E.1.g. above]

k.

Existing doors and windows may be replaced with new products of design and/or materials similar to those which originally existed.

3.

Criteria for new construction.

a.

All building designs should be compatible with the major elements of the architecture within the district. In the Traditional Commercial District, and where appropriate within the Transitional Commercial District, red or brown brick, stone, or stucco with trim of wood, metal, terra cotta or other glazed tile, glass block, limestone, or grey concrete trim are encouraged. No new structures should detract from the aesthetic quality of surrounding structures or the district as a whole.

b.

In the Traditional Commercial District, all buildings should be set back from the street uniformly to present a continuous facade line along the street, except that minor recesses or projections for entries, arcades, and similar elements may be acceptable.

c.

Off-street parking should be screened along street frontages with landscaping and/or low brick walls and otherwise be designed in compliance with the city's landscaping regulations.

d.

Mechanical or electrical equipment should be hidden or screened from street level view to the front of the structure and to the rear whenever possible

F.

Sign criteria.

1.

In general. Signage within the district shall be subject to the provisions of chapter 10 of the Zoning Code of the City of Green River, as well as the following requirements:

a.

All signs, including window signs, must be approved as to design, colors, materials, placement, method of attachment, and method of illumination (if applicable).

b.

Within the Traditional Commercial District, no illuminated sign may contain flashing or moving elements or change in brightness, except as otherwise provided in this section.

c.

Within the Traditional Commercial District, no sign shall be illuminated by fluorescent lighting or backlighting. In the Transitional Commercial and Contemporary Districts, internally lit signage may be approved if deemed appropriate. The use of indirect lighting is strongly encouraged.

d.

The use of plastic on the exterior of a sign is prohibited within the Traditional Commercial District. Plastics are not historical, and painted metal signs strengthen the ambience of the historic district. In the Transitional Commercial and Contemporary subdistricts, plastic signage may be approved.

e.

The use of a fluorescent color on a sign is not to be used in the Traditional Commercial District. No fluorescent paints were available early in the twentieth century.

f.

The use of neon and/or incandescent bulb is allowed. Neon lighting and signage is a historically appropriate material and may be appropriate on certain buildings, or in conjunction with the restoration of previously existing fixtures.

g.

Within the Traditional Commercial District, no sign, nor part of a sign, may move or rotate, with the exception of a wind device, the motion of which is not restricted.

h.

For buildings with multiple tenants, one sign for all tenants is strongly encouraged.

i.

Window signs should be painted or gold-leafed directly on the windows.

j.

The repainting of faded or ghost signs on brick exteriors is encouraged.

k.

Whenever possible, painted signs should be placed in bands within the space above or below windows, and should never mask architectural details (such as transom windows).

l.

Logos and symbols may be incorporated into signage, but should otherwise conform to the criteria contained in this section.

m.

Off-site advertising signs should be directional in nature, and shall be limited to advertising for enterprises within the district.

n.

Letter forms should not be overly intricate or overtly modern in styling. Suitable letter forms include, but are not limited to, the following: Helvetica, Palatino, Benguiat, Korinna, Bookman, Claredon, American Schoolbook, Melior, and Goudy.

2.

Building signs. All building signs shall be subject to the provisions in subsection F.1. of the general criteria, and to the following requirements:

a.

Building signs should be located so as not to dominate the building, and so as to emphasize architectural elements; such signs should not obscure architectural details and should not cover windows or moldings.

b.

Window signs and temporary on-site signs attached to or painted on a window may not cover more than twenty-five (25) percent of the total window surface area.

3.

Pole and ground signs. All pole and ground signs shall be subject to the provisions in subsection F.1. of the general criteria, and to the following requirements:

a.

Where permitted by the sign ordinance, portable signs shall be limited to unlit A-frame signs, and shall not obstruct pedestrian traffic nor impede vehicular traffic.

b.

No portable sign may exceed a height of four (4) feet and a total area of twelve (12) square feet.

4.

Canopy signs. All canopy signs shall be subject to the provisions in subsection F.1. of the general criteria, and to the following requirements:

a.

No canopy sign should be lower than eight (8) feet above walking grade.

b.

No canopy sign should project vertically above the surface of the canopy or awning.

G.

Exceptions and modifications. The design criteria in this section may be modified or waived by the planning and zoning commission, to allow for alterations which are required in order to maintain the continued functional viability of existing uses, or in extraordinary situations of development characteristics, economic hardship, or other circumstances, provided that the purpose and intent of these criteria are maintained through each interpretation.

H.

Emergency repairs. The standards and review procedures of this section may be waived in instances in which emergency repairs are required, provided that subsequent repairs comply with these standards.

I.

Conflict with other code provisions. No section of this chapter shall be construed to compel alterations that will conflict with any health or safety codes, or prohibit any alterations that are required to bring buildings into compliance with the building code.

(Ord. No. 10-04, § 3, 5-18-10)

It is a misdemeanor for any person to violate any of the provisions of this chapter, and upon conviction thereof shall, if a penalty is not otherwise specified, be punished by a fine of not more than seven hundred fifty dollars ($750.00) per violation, to which court costs may be added. Each day the violation occurs constitutes a separate violation. In situations deemed appropriate by the court, restitution and/or remedial action to bring the violation into compliance with the requirements of this chapter may also be added.

(Ord. No. 10-04, § 4, 5-18-10)