(a)

The design and construction of all new commercial structures and commercial structures which are renovated such that the exterior of the structure is more than 50 percent replaced, altered or remodeled or 50 percent of the facade of a structure is replaced, altered or remodeled shall reflect the forms, style, and materials that will be complimentary to the existing city atmosphere, in order to meet the following objectives:

(1)

Promote orderly and harmonious development of the city;

(2)

Encourage the attainment of the most desirable use of land and improvements;

(3)

Enhance the desirability of living conditions in the city;

(4)

Promote high aesthetic quality of development in the city;

(5)

Preserve and enhance historic sites, structures and areas.

(b)

A business district construction review board, herein after referred to as BDCRB, is hereby created for the purpose of reviewing proposed commercial construction, alterations, and/or renovations for compliance with the architectural principals and BDCRB design standards set forth in this chapter.

(1)

Membership.

a.

The BDCRB shall consist of five members and six alternate members. If possible, at least one member of the BDCRB should be an architect, registered to practice in the state.

b.

Members of the BDCRB are to be nominated by the mayor and approved by city council for two-year terms. Members may be appointed to succeed themselves. Duly appointed member shall be installed at the first regular meting after their appointment.

(2)

Organization. The BDCRB shall hold an organizational meeting following appointment of all members. The BDCRB shall elect a chair before proceeding to any other matters of business. The BDCRB shall select such other officers as it deems necessary from its membership or from staff representatives assigned by the city administrator to work with the BDCRB. The city administrator or his designated agent shall serve as secretary of the BDCRB. The BDCRB shall designate the time and place of its meetings. Special meetings shall be held at the call of the chairman, and at such other times as the BDCRB may determine or as requests for BDCRB action require. All meetings of the BDCRB shall comply with the Open Meetings Act. The BDCRB shall conduct its meetings under Robert's Rules of Order, Newly Revised, and shall keep a record of its proceedings consistent with provisions of this chapter and the requirements of law.

(3)

Quorum, majority vote. A quorum shall consist of three members of the BDCRB. An affirmative vote of the majority of the BDCRB members present shall be required to approve a project for issuance of a building permit.

(4)

Conflicts of interest. Local Government Code, ch. 171 et seq., governs the BDCRB. Additionally, BDCRB members may not vote on matters involving their own business interests. Whenever any BDCRB member or any staff member serving on the BDCRB becomes aware of any conflict of interest in any case that comes before the BDCRB, they shall notify the chair of the particulars and file an affidavit with the chairman or the secretary of the BDCRB. If such an affidavit is filed, the chair shall cause the circumstances to be entered into the record.

(5)

Removal of members. Any BDCRB member can be removed from office by the city council for cause. Causes for removal include, but are not limited to, malfeasance, failure to maintain reasonable familiarity with statutes, ordinances, and rules affecting the BDCRB, and/or failure to be governed thereby, failure to disclose conflict of interest, and failure to attend three consecutive meetings without the recorded consent of the chair.

(6)

Jurisdiction. To ensure compatibility with the approved design standards and other design elements the BDCRB shall have authority to review and act on all plans for commercial development in the city that meet the criterion of subsection (a) of this section.

(c)

Submittals, actions of the BDCRB.

(1)

Design standards. The design and construction of al new commercial structures, and structures which are remodeled or renovated or have a change in the type of occupancy shall adhere to the adopted design standards which are attached hereto as Exhibit A, and as they may be modified by the BDCRB and approved by city council. Copies of current design standards shall be available for inspection or purchase at the city offices.

(2)

Plan submittal requirements (PSR). A completed PSR checklist must be submitted to the BDCRB in order for the issuance of a letter of compliance to be considered. Providing false or misleading information shall require the BDCRB to reject the proposal and the BDCRB may bar the owner, or the owner's agent, or both from submitting an application for a period of six months from the date such finding is made.

(3)

Action by the BDCRB. The BDCRB shall make initial review of the plan submitted requirements within 60 days of applicant's submittal to the city. The BDCRB may take the following actions on an application:

a.

Approved. Prior to the issuance of a building permit for construction, alterations, or renovations, a letter of compliance must be obtained from the BDCRB.

b.

Approved with conditions. The BDCRB may impose such conditions as it deems reasonable and necessary to assure compatible development with surrounding area and to ensure that the spirit and intent of this section and the BDCRB design standards are in compliance. The BDCRB chairman or designee shall provide approval with conditions in writing to the city administrator who shall deliver to the city council and to the applicant within five working days.

c.

Disapproved. If the BDCRB disapproves an application each member who voted against the application shall submit to the chairman, within five days of the vote, in writing, the reasons on which the member's disapproval was based.

(4)

Continue. The BDCRB may request additional changes or information and the resubmission within a stated period of time. The application will not be deemed approved for failure of the BDCRB to hear the application within that time period. Failure by the applicant to submit the requested information timely shall require a new application, and shall be considered a new project. If additional information is necessary, the period of tabling may extend beyond the 60-day period but in no event may the total time exceed 90 days. A failure to approve within 90 days of submission shall constitute a disapproval from which appeal is permitted to city council.

(5)

Appeal to city council. Any applicant or party aggrieved by a decision of the BDCRB may appeal such decision to city council. Such notice of appeal must be filed with the city administrator within ten working days of the decision of the BDCRB. Such appeal shall stay the issuance of a building permit and shall be placed on the agenda for the next available city council meeting after the BDCRB has presented the disapproval documentation.

(d)

The design standards, attached hereto as appendix A are hereby adopted and incorporated in this chapter by reference as if the exhibit was fully setout herein.

(e)

Public notice of a hearing before the board shall be given for any final board approval by publication one time in a newspaper of general circulation in the city, stating the time and place of such hearing. This hearing shall not be earlier than ten days from the date of such publication. The board shall mail notice of the hearing to the petitioner and to the owners of all property within 750 feet of the subject property inside the city limits and within 200 feet of the subject property outside the city limits, at least ten days before the date of such hearing. The owners to be notified shall be determined according to the current tax rolls of the city, the county or the adjacent city as appropriate.

(Ord. No. 929, § 24, 1-20-2005; Ord. No. 956, §§ 6(24(D)), 7, 9-15-2005)