The planned development overlay zone (OPD) is established to permit flexibility in the use and design of structures and land in situations where conventional development may be inappropriate and where modification to requirements of the underlying zone will not be contrary to the intent and purpose of this title, inconsistent with the comprehensive plan, as amended, or harmful to the surrounding neighborhood. The OPD zone is intended to:

   A.   Provide flexibility in the design, placement and clustering of buildings; mixture of land uses; use of open space; traffic circulation and parking; and related site and design considerations;

   B.   Encourage the preservation and best use of existing landscape features through development that is sensitive to the natural features of the surrounding area;

   C.   Promote efficient land use with smaller utility and street networks while maintaining pedestrian oriented street frontages;

   D.   Encourage and preserve opportunities for energy efficient development;

   E.   Promote an attractive and safe living environment compatible with surrounding residential developments;

   F.   Provide an alternative method for redeveloping older residential areas; and

   G.   Encourage infill development. (Ord. 05-4186, 12-15-2005)

A planned development overlay rezoning may be requested, provided the property meets the zoning and size limitations listed below and falls into one or more of the following categories of planned developments:

   A.   Zoning:

      1.   The property on which the planned development is requested must be zoned residential or commercial, except as specified in subsection A2 of this section.

      2.   A sensitive areas development is allowed or may be required on any property, regardless of the underlying base zone, in order to protect regulated sensitive features while facilitating reasonable development of the remainder of the property for uses allowed in the underlying base zone.

   B.   Size Limitation:

      1.   To qualify for a planned development overlay rezoning, properties must contain an undeveloped area of two (2) acres or more, except for the following situations.

      2.   Development of areas containing less than two (2) acres but more than one acre qualify for a planned development overlay rezoning where the existence of environmentally sensitive areas or natural features, the age of existing development, scenic assets or the fact that the land is completely surrounded by development makes a planned development more appropriate and efficient than conventional development. Except as allowed in subsection B3 of this section, commercial and institutional uses are prohibited in planned developments containing less than two (2) acres.

      3.   When a sensitive areas development is required, there is no size limitation.

   C.   Categories Of Planned Developments:

      1.   Sensitive Areas Development: A planned development containing regulated sensitive features according to the provisions of chapter 5, article I, "Sensitive Lands And Features", of this title.

      2.   Conservation Development: A planned development in which a portion of the land area is designated as permanent open space for the purpose of preserving natural or cultural features and resources as follows:

         a.   Development that protects or preserves environmental features not otherwise regulated by this title, but which are significant to the neighborhood or community. For example, such a plan might preserve an important view shed, protect wildlife areas or other unique natural features of the site.

         b.   Development that preserves cultural and historic features such as historic sites, historic buildings, and archaeological sites, particularly those that are designated or that would qualify for historic designation according to the provisions of chapter 3, article B, "Historic District And Conservation District Overlay", of this chapter.

         c.   Development in which the site and the buildings are specifically oriented and designed for the conservation of energy and other resources.

      3.   Neo-Traditional Development: A planned development that is characterized by lot configurations, street patterns, streetscapes, and neighborhood amenities similar to neighborhoods platted prior to 1950.

      4.   Mixed Use Development: A planned development that contains a mix of residential and commercial uses designed in such a manner that such uses complement one another to form a more urban neighborhood.

      5.   Infill Development: Development or redevelopment on land that is surrounded by existing development where the constraints of the existing infrastructure, buildings, or site make it more difficult to develop the property.

      6.   Alternative Ownership Development:

         a.   Manufactured Housing Parks: Manufactured housing parks, where the dwelling unit owner leases the lot on which the dwelling is located from a separate individual or organization.

         b.   Condominium Development: Condominium developments, where multiple units are located on the same lot. Dwelling units are typically owned individually and the structures, common areas, and facilities are owned by all dwelling unit owners on a proportional, undivided basis. (Ord. 05-4186, 12-15-2005)

Applications for planned developments must be submitted according to the procedures for planned development overlay rezonings as set forth in chapter 8, "Review And Approval Procedures", of this title. The proposed development must meet the applicable approval criteria listed in the following sections. (Ord. 05-4186, 12-15-2005)

Applications for all planned developments will be reviewed for compliance with the standards of this section, except for sensitive areas developments that comply with all underlying zoning and subdivision regulations. If, however, modifications to the underlying zoning or subdivision regulations have been requested as a part of a sensitive areas development, the standards of this section will apply.

   A.   General Standards:

      1.   The density and design of the planned development will be compatible with and/or complementary to adjacent development in terms of land use, building mass and scale, relative amount of open space, traffic circulation and general layout.

      2.   The development will not overburden existing streets and utilities.

      3.   The development will not adversely affect views, light and air, property values and privacy of neighboring properties any more than would a conventional development.

      4.   The combination of land uses and building types and any variation from the underlying zoning requirements or from city street standards will be in the public interest, in harmony with the purposes of this title, and with other building regulations of the city.

   B.   Ownership: At the time of preliminary OPD plan approval, the developer must submit evidence of ownership of the property to be developed or of a legally binding executed option agreement for purchasing all of the property.

   C.   Land Uses Allowed: A mixture of land uses are allowed in planned developments that might not otherwise be allowed with the underlying zoning. Land uses proposed must meet all of the dimensional and site development standards of the underlying base zone, unless a modification is specifically approved during the planned development process. The following provisions provide standards for uses that might not otherwise be allowed in the underlying zone:

      1.   Uses Allowed On Properties Zoned Residential: A mixture of housing types, including single-family, two-family, and multi- family dwellings, is encouraged in all residentially zoned planned developments. To help assure that the various building types are compatible with one another, similar architectural elements, scale, massing, and materials should be used and the following standards must be followed:

         a.   Single-Family And Two-Family Uses:

            (1)   Unless modified as allowed in subsection C1a(3) of this section, attached and detached zero lot line dwellings must comply with the specific approval criteria for attached and detached zero lot line dwellings in the RS-12 zone as set forth in chapter 4, article B, "Minor Modifications, Variances, Special Exceptions, And Provisional Uses", of this title. Townhouse style condominiums must also meet these approval criteria. In addition, the following provisions apply:

               (A)   Main entrances to dwelling units must be clearly demarcated by one of the following means: covered porch or canopy; transom and sidelight windows; pilasters and pediment; or other significant architectural treatment that emphasizes main entrances. Simple trim around the doorway does not meet this standard.

               (B)   If multiple townhouse style condominium buildings are located on a common lot, the buildings must be separated by a distance of at least twenty feet (20').

               (C)   If the underlying base zone is RS-5 or RS-8, the requirement that attached single-family dwellings are only allowed on corner lots with each main entrance oriented toward a different street applies in all planned developments in order to encourage a mix of residential uses. If multiple two-unit buildings will be located on a common lot, imaginary lot lines must be illustrated on the plan for purposes of determining where the corner units would be located according to base zone standards. This corner lot standard may only be waived if convincing evidence is submitted that the configuration of the property or other existing physical condition of the lot makes the application of this standard impractical. If this standard is waived the units must be designed and located in a manner that prevents monotony by varying aspects such as facade detailing, window pattern, building materials, and color.

            (2)   Two-family uses must comply with the standards for two-family uses as set forth in chapter 4, article B, "Minor Modifications, Variances, Special Exceptions, And Provisional Uses", of this title. In addition, the following provisions will apply:

               (A)   Main entrances to dwelling units must be clearly demarcated by one of the following means: covered porch or canopy; transom and sidelight windows; pilasters and pediment; or other significant architectural treatment that emphasizes main entrances. Simple trim around the doorway does not meet this standard.

               (B)   If multiple two-family buildings are located on a common lot, the buildings must be separated by a distance of at least twenty feet (20').

               (C)   If the underlying base zone is RS-5 or RS-8, the requirement that two-family uses are only allowed on corner lots with each main entrance oriented toward a different street applies in all planned developments in order to encourage a mix of residential uses. If multiple two-unit buildings will be located on a common lot, imaginary lot lines must be illustrated on the plan for purposes of determining where the corner units would be located according to base zone standards. This corner lot standard may only be waived if convincing evidence is submitted that the configuration of the property or other existing physical condition of the lot makes the application of this standard impractical. If this standard is waived the units must be designed and located in a manner that prevents monotony by varying aspects such as facade detailing, window pattern, building materials, and color.

               (D)   Garages and off street parking areas must be located and designed so that they do not dominate the streetscape according to the standards specified in subsection K1c(2) of this section.

            (3)   Minimum lot area, lot width, lot frontage, and setbacks required in the underlying base zone may be reduced in order to provide the opportunity for a variety of single-family and two- family dwelling types. However, any such modification to the underlying zoning requirements must be noted on the plan and the development must comply with the standards listed in subsection E, "Zoning Requirements", of this section.

         b.   Multi-Family And Group Living Uses: If multi-family or group living uses are proposed, they must comply with the multi-family site development standards set forth in chapter 2, article B, "Multi-Family Residential Zones", of this title. When located adjacent to single-family and duplex structures, multi-family buildings should be of a scale, massing and architectural style that is compatible with adjacent lower density residential development.

         c.   Commercial Uses: Commercial uses are not permitted in planned developments that are less than two (2) acres in size on property that is zoned residential. In larger residentially zoned developments, where commercial uses are proposed, they must comply with the following standards:

            (1)   Any commercial development proposed must comply with the CN-1 site development standards as set forth in chapter 2, article C, "Commercial Zones", of this title.

            (2)   Mixed use buildings, which include residential dwellings and commercial uses, are encouraged.

            (3)   Any commercial development proposed must be of a scale suited to serve the residents of the immediate development and adjacent neighborhoods.

            (4)   Commercial development should be designed to serve as a focal point of the overall development and is encouraged to incorporate open spaces such as town squares.

            (5)   Commercial development should be designed so that the material, massing and architectural style is compatible with adjacent residential development.

         d.   Institutional Uses: Institutional uses, such as educational facilities, religious institutions, and childcare centers, are only allowed if they are listed as an allowed use in the underlying base zone.

      2.   Uses Allowed On Property Zoned Commercial:

         a.   On property zoned commercial, development must comply with the commercial site development standards of the underlying base zone as set forth in chapter 2, article C, "Commercial Zones", of this title.

         b.   Residential uses are only allowed in such planned developments if residential uses are listed as an allowed use in the underlying commercial zone. Residential uses must comply with the requirements specified for such uses in the underlying base zone, unless modifications are specifically approved through the planned development process.

      3.   Uses Allowed On Property Zoned Industrial Or Research Park: A planned development is not allowed on properties that are zoned industrial or research park unless the property contains regulated sensitive areas according to the provisions of chapter 5, article I, "Sensitive Lands And Features", of this title. Uses allowed in such a planned development are limited to those uses allowed in the underlying base zone. Such uses must comply with the requirements and standards specified in the underlying base zone, unless modifications are specifically approved through the planned development process.

   D.   Maximum Residential Density:

      1.   The City will approve a residential density based on the underlying density allowed in the base zone and what is compatible with the natural topography of the site and with surrounding development. The residential density for a planned development may not exceed the value specified in table 3A-1, located at the end of this subsection, except as allowed by subsection 14-3A-4D3 or section 14-4F. Actual residential density allowed, however, may be less than the maximum expressed in the table due to the topographical constraints of the property, the scale of the project relative to adjacent development, and the dimensional, site development, and other requirements of this title.

      2.   For purposes of this article, "net land area" is defined as total land area minus public and private street rights of way. When calculating net land area, the land area devoted to alley and private rear lane rights of way need not be subtracted from the total land area.

      3.   Sustainability Density Bonus: The maximum residential density that is required by Table 3A-1 may be increased by ten percent (10%) of the applicable requirement for each of the following provisions that is met, up to a maximum of twenty-five percent (25%). This bonus may be used in conjunction with subsection 14-5A-4F10 (Sustainability Parking Reduction).

         a.   A solar energy system is installed onsite where the size is equal to at least forty percent (40%) of the surface area of the roofs of all buildings.

         b.   All uses within the development utilize electricity for one hundred percent (100%) of their regular energy consumption after construction.

         c.   All buildings within the development are constructed to the most current edition of the International Energy Conservation Code standards published by the International Code Council.

 

*Density bonuses are available in the PRM zone that would increase the allowed density beyond the figure in this table.

   E.   Zoning Requirements:

      1.   All planned developments must comply with all the applicable requirements and standards of this title, unless specifically waived or modified under the provisions of this article.

      2.   Variations in the dimensional requirements of the underlying base zone may be necessary in order to facilitate the provision of desired neighborhood amenities or open space; to preserve or protect natural, historic, or cultural features; to achieve compatibility with surrounding development; or to create a distinctive or innovative neighborhood environment for area residents. Therefore, the dimensional requirements of the underlying base zone may be modified or waived, provided the standards for modified developments set forth in subsection K of this section are met.

      3.   In order to accommodate the various types of manufactured housing, the minimum building width specified in the underlying base zone may be waived for manufactured housing parks.

      4.   In order to avoid development on or near regulated sensitive areas, parking requirements for commercial and industrial uses may be reduced. However, parking requirements for residential uses within the development may not be reduced other than through a special exception approved by the board of adjustment according to the procedures and approval criteria set forth in this title for such an exception.

   F.   Dedication Of Public Right Of Way: All proposed dedications of land for public use, including land dedicated for recreational use, shall be approved, in writing, by appropriate departments of the city prior to city council approval of the planned development. All land dedications for public use shall conform to the requirements of city ordinances.

   G.   Streets: Planned developments shall provide for the continuation and extension of streets and public sidewalks in accordance with current city standards. Requests for modifications to city street standards will be evaluated according to the provisions of subsection K of this section.

   H.   Pedestrian Facilities:

      1.   On Site Pedestrian Facilities: To assure that pedestrians have adequate access throughout a development, a pedestrian network plan must be developed so that residents and visitors have access to public streets and sidewalks, building entrances, parking areas, shared open spaces, natural areas, and other amenities.

      2.   Pedestrian Facilities Along Streets: Sidewalks must be provided along all public and private streets according to city standards. Particular emphasis must be given to maintaining or establishing pedestrian oriented street frontages. Pedestrian oriented streets are those that are designed to provide a safe, comfortable environment for pedestrians. Important elements include sidewalks that are separated and buffered from vehicular traffic with limited interruption from driveways; the provision of street trees; and buildings that visually address the street with visible doors and windows. Buildings with blank facades along the street, long stretches of repetitive building designs, surface parking lots, and other expanses of paving are contrary to a pedestrian oriented street.

   I.   Tree Requirements: For any planned development that contains attached single-family dwellings, two-family uses, multi-family uses, group living uses, or lease lots for manufactured housing, a landscape plan must be submitted with the preliminary plan illustrating how the requirements of chapter 5, article E, "Landscaping And Tree Standards", of this title will be met.

   J.   Open Space:

      1.   Public Open Space Requirement:

         a.   Residentially zoned planned developments must dedicate land for public open space, pay a fee in lieu of land for public open space, or a combination thereof, as set forth in chapter 5, article K, "Neighborhood Open Space Requirements", of this title.

         b.   In the event that the dedicated open space land will contain amenities, such as trails, that will serve the residents of the proposed development, the city may require such amenities be installed by the developer with the costs shared jointly by the developer and city based on an estimate of proportional use by the residents of the proposed development. The timing of such improvements shall be determined and set forth in a development agreement between the developer and the city.

      2.   Private Shared Open Space:

         a.   In the event open space land, in addition to that required by chapter 5, article K of this title, is to be retained under private ownership, the developer must submit a legally binding instrument setting forth the procedures to be followed for maintaining the areas and for financing maintenance costs. Such costs shall be shared by all owners of property located within the planned development through the use of an owners' association or other entity satisfactory to the city. Any costs incurred by the city due to failure of this designated entity to meet its obligations under the provisions of this subsection J2a shall be assessed against, and will become a lien on all individual properties located within the planned development in favor of the city.

         b.   The intended purpose of any private, shared open space proposed for a planned development must be set forth in the plan. Such land must be suitably improved for its intended purpose. The timing of such improvements shall be set forth in a legally binding instrument as described in the subsection J2a of this section.

      3.   Protected Sensitive Areas: Protected sensitive areas and their required buffers should be incorporated into the design of the development as public open space dedicated to the city or private open space held in common by an owners' association. Where protected features and/or their required buffers are incorporated into individual lots, they must be included within a recorded conservation easement or protected by restrictive covenants with the city that are recorded and run with the land.

   K.   Standards For Modified Developments: The following standards are to be used by the city when evaluating a planned development when modifications to the underlying zoning requirements or to city street standards are requested. For single-family uses, townhouse style multi-family uses and two-family uses that will be located on a common lot, imaginary lot lines must be illustrated on the plan for purposes of determining when modifications to the underlying dimensional standards are being requested. When applying the standards, the city will weigh the specific circumstances surrounding each application, and strive for development solutions that best promote the spirit, intent and purpose of this article and of chapter 5, article I, "Sensitive Lands And Features", of this title and of the goals, policies and objectives of the adopted district plan for the area in which the proposed development is located, while permitting development of the property for reasonable, beneficial uses. Modifications that the city deems as contrary to public safety will not be approved.

      1.   Modifications To Zoning Requirements:

         a.   Minimum setbacks may be reduced if the following conditions are met:

            (1)   The setbacks proposed will provide adequate light, air, and privacy between dwellings and between dwellings and public rights of way.

            (2)   Sufficient setbacks are incorporated to provide the opportunity for adequate private open space for each dwelling unit.

            (3)   The setbacks proposed will provide sufficient area for utilities and street trees.

            (4)   If front setbacks are reduced, measures should be taken to preserve privacy within residential dwellings and to provide a transition between the public right of way and private property. To ensure privacy within single-family and two-family dwellings for which setbacks are reduced, the first floor must be elevated at least thirty inches (30") above the grade of the adjacent public sidewalk. Other methods to increase privacy are also encouraged, such as use of front porches.

            (5)   Residential buildings that are located in close proximity to each other must be designed to preserve privacy. This can be achieved by placement of windows to prevent direct views into the windows of adjacent residential dwelling units. In addition, balconies and air conditioning units may not be located along a building wall that is within twenty feet (20') of a building wall of an adjacent principal building on the same lot, if the wall of the adjacent building contains window or door openings into dwelling units. Proximity of building walls will be subject to all current building code fire protection requirements.

         b.   The maximum building height and building coverage may be modified or waived, provided the design of the development results in sufficient light and air circulation for each building and adequate, accessible open space for all residents of the development. When the underlying base zone is single-family residential, at least thirty five percent (35%) of the net land area in a planned development shall remain free of buildings, parking and vehicular maneuvering areas.

         c.   Minimum lot area, lot width, and lot frontage requirements may be reduced. However, due to the concentration of dwelling units that will occur if these dimensional requirements are reduced, the following conditions must be met:

            (1)   The proposed modifications will not result in increased traffic congestion or a reduction in neighborhood traffic circulation. To mitigate for the concentration of dwellings, shorter block lengths may be appropriate, and the location of driveways and pedestrian facilities must be carefully planned.

            (2)   Garages and off street parking areas must be located so that they do not dominate the streetscape. Alley or private rear lane access will be required, unless garages are recessed behind the front facade of the dwelling in a manner that allows the residential portion of the dwelling to predominate along the street. Figure 3A.1 below illustrates some options for garage placement for detached and attached dwelling units. Other options meeting these standards are also acceptable.

            (3)   If garages are located with access to the street, the development must be designed so that there is adequate right of way and front yard area available to accommodate street trees and front yard landscaping. The widths of driveways may need to be reduced and garages set back an adequate distance to accommodate these elements.

      2.   Modifications To Street Standards:

         a.   Right Of Way Width: Street right of way widths may be reduced below those otherwise required by the subdivision regulations if the proposed planned development provides sufficient area within the right of way for required street trees and public and private utilities.

         b.   Pavement Widths For Local Streets: Requests for reductions to street pavement widths for local streets will be considered if streets are designed to promote pedestrian oriented frontages and safe access for emergency vehicles. For example, this might be achieved through the use of alleys or private rear lanes. Depending on the width of the proposed street and the anticipated traffic, additional off street parking clusters may be required. Any separate off street parking areas must be screened to the S2 standard.

         c.   Private Streets:

            (1)   Private streets in single-family and two-family residential areas are discouraged. Requests for private streets in these areas will be carefully scrutinized and will only be approved if the proposed private street serves as a shared access to a cluster or small group of housing units and does not support any through traffic. In addition, adequate provisions must be made for street maintenance, snow removal, and garbage service according to the provisions listed in subsection K2c(3) of this section.

            (2)   Private streets in multi-family, commercial, and industrial areas may be allowed; provided, that the responsibilities for maintenance, snow removal, and garbage service is clearly established according to the provisions of subsection K2c(3) of this section.

            (3)   If private streets are approved, the developer must submit a legally binding instrument setting forth the procedures to be followed for maintaining private streets and providing garbage service and snow removal, and for financing these services. Such costs shall be shared by all owners of property located within the planned development through the use of an owners' association or other entity satisfactory to the city. Any costs incurred by the city due to failure of this designated entity to meet its obligations under the provisions of this subsection K2c(3) shall be assessed against, and will become a lien on all individual properties located within the planned development in favor of the city.

   L.   Other Conditions: Other conditions may be imposed if found necessary to protect and promote the best interests of the surrounding property or the neighborhood. Such conditions include, but are not limited to, the following:

      1.   Improvement of traffic circulation for vehicles and pedestrians in the proposed development and adjoining properties and streets.

      2.   Specific landscaping requirements to maintain privacy or reduce impacts on adjoining properties.

      3.   Joint use of private open space or amenities by adjoining property owners. (Ord. 05-4186, 12-15-2005; amd. Ord. 06-4245, 12-12-2006; Ord. 09-4366, 12-1-2009; Ord. 23-4893, 1-24-2023; Ord. 23-4914, 11-6-2023)

For properties containing regulated sensitive features, a sensitive areas development plan must be submitted that demonstrates compliance with the applicable standards of chapter 5, article I, "Sensitive Lands And Features", of this title. (Ord. 05-4186, 12-15-2005)

A manufactured housing park must comply with the following standards:

   A.   Minimum Area: The development must be at least two (2) acres in size.

   B.   Lot Requirements: The plan must clearly delineate individual lease lots within the development. Each individual lease lot must meet the dimensional standards of the underlying base zone, except for variations approved through the planned development process as set forth in this article.

   C.   Additional Setback Requirements: A thirty foot (30') setback must be provided between any dwelling unit and the edge of the planned development except where abutting an arterial street, in which case, a forty foot (40') building setback is required.

   D.   Minimum Space Between Units: At least a twenty foot (20') building separation between manufactured housing units shall be provided, except with respect to manufactured housing units parked end to end. End to end separation must be at least fifteen feet (15').

   E.   Parking: Nine feet by eighteen feet (9' x 18') hard surfaced off street parking spaces shall be provided at the rate of two (2) parking spaces per unit. At least one off street parking space shall be located on each manufactured housing lease lot. The other required parking space may be located in a common parking area with convenient access to the manufactured housing unit. Parking spaces may not be located in the front setback or within ten feet (10') of an adjacent manufactured housing unit. Separate parking areas must be set back at least ten feet (10') from any lease lot line and at least twenty feet (20') from any edge of the planned development. Separate parking areas must be screened to the S2 standard. (See chapter 5, article F, "Screening And Buffering Standards", of this title.)

   F.   Sanitary Sewers: The sewerage system shall be designed, constructed and maintained in accordance with applicable city codes or specifications approved by the city. Provision shall be made for plugging the drain when a manufactured housing unit does not occupy the space.

   G.   Additional Requirements For Solid Waste Handling:

      1.   Collection Stations: Unless individual solid waste collection is provided for each lease lot within the development, dumpsters or collection stands consisting of a holder or rack on an impervious slab must be provided within three hundred feet (300') of every manufactured housing space they serve. Container stands must be designed to prevent containers from being tipped, to minimize spillage and container deterioration and to facilitate cleaning around them. Collection stands must be screened from adjacent dwellings to the S3 standard. (See chapter 5, article F, "Screening And Buffering Standards", of this title.)

      2.   Collection Receptacles: Collection receptacles shall be provided in quantities adequate to permit disposal of all solid waste.

   H.   Accessory Structures And Facilities:

      1.   Manufactured Housing Sales: Sales of manufactured housing units is allowed as an accessory use in conjunction with the management office. Manufactured housing units, which are not currently located on lease lots, may not be displayed on site.

      2.   Equipment And Materials Storage: Maintenance materials and equipment shall be stored either in a permanent structure or in yards fenced in with a minimum six foot (6') high fence of solid construction.

      3.   Tenant Storage: Storage facilities for tenants of the manufactured housing park may be provided on individual manufactured housing lease lots or in shared compounds located within the park. Any shared storage facility or compound must be screened from view of adjacent streets, neighboring lease lots, and neighborhood developments to at least the S2 standard. (See chapter 5, article F, "Screening And Buffering Standards", of this title.) (Ord. 05-4186, 12-15-2005)

The approval criteria contained in this article are to be used by the city as minimum requirements for evaluating planned developments. However, such criteria are not intended to restrict creativity and an applicant may request modifications to the planned development approval criteria. The city will use the following criteria when evaluating any such request:

   A.   The modification will be in harmony with the purpose and intent of this title and the city comprehensive plan.

   B.   The modification will generally enhance the proposed planned development and will not have an adverse impact on its physical, visual or spatial characteristics.

   C.   The modification shall not result in a configuration of lots or a street system that is impractical or detracts from the appearance of the proposed development.

   D.   The modification will not result in danger to public health, safety or welfare by preventing access for emergency vehicles, by inhibiting the provision of public services, by depriving adjoining properties of adequate light and air, or by violating the purposes and intent of this title or the city's comprehensive plan. (Ord. 05-4186, 12-15-2005)

   A.   Purpose: The historic district overlay (OHD) zone is used to designate local historic landmarks and historic districts. The purpose of this overlay zone is to:

      1.   Promote the educational, cultural, economic and general welfare of the public by protecting, enhancing and perpetuating historic landmarks and districts of historic, architectural and cultural significance;

      2.   Safeguard the city's architectural, historic and cultural heritage by preserving historic buildings and neighborhoods;

      3.   Provide for design review of new construction or alteration of existing resources to assure compatibility with the existing character of historic neighborhoods and preserve the historic integrity of the resource;

      4.   Stabilize and improve property values by encouraging reinvestment in historic neighborhoods;

      5.   Foster civic pride in the legacy and beauty of past achievements; and

      6.   Protect and enhance the city's attractiveness to tourists and visitors, thereby supporting and stimulating business.

   B.   Authority:

      1.   The city council may designate by ordinance areas of the city as historic districts or local historic landmarks. The process of designation is considered an overlay rezoning. A historic district overlay rezoning is required to designate historic districts and local historic landmarks. The procedures for historic district overlay rezonings are set forth in chapter 8, article E, "Historic Preservation Commission Approval Procedures", of this title.

      2.   There are typically many properties within a designated historic district or that have been designated as local historic landmarks that are listed on the National Register of Historic Places or are eligible for listing on the National Register. However, properties listed on the National Register are not subject to the regulations of this article unless they are located within a designated historic district or have been designated as a local historic landmark by the city council.

   C.   Descriptions:

      1.   Historic districts are geographically cohesive areas with significant concentrations of buildings and other resources that possess a high degree of historic integrity and convey a distinct sense of time and place and that have been designated as a historic district by the city council pursuant to the applicable procedures outlined in this title. To qualify for designation as a historic district, the subject area must contain abutting pieces of property under diverse ownership that meet approval criteria of subsections C1a and C1b of this section and at least one of approval criteria of subsection C1c, C1d, C1e or C1f of this section.

         a.   Are significant to American and/or Iowa City history, architecture, archaeology and culture; and

         b.   Possess integrity of location, design, setting, materials and workmanship; and

         c.   Are associated with events that have made a significant contribution to the broad patterns of our history; or

         d.   Are associated with the lives of persons significant in our past; or

         e.   Embody the distinctive characteristics of a type, period, method of construction; or represent the work of a master; or possess high artistic values; or represent a significant and distinguishable entity whose components may lack individual distinction; or

         f.   Have yielded or may likely yield information important in prehistory or history.

      2.   A historic landmark is any building, structure, object, area of land or element of landscape architecture with significance, importance or value consistent with the approval criteria listed in subsection C1 of this section for historic districts and that has been designated as a local historic landmark by the city council pursuant to the applicable procedures outlined in this title. (Ord. 05-4186, 12-15-2005; amd. Ord. 10-4404, 9-7-2010; Ord. 12-4478, 5-1-2012; Ord. 12-4498, 10-23-2012; Ord. 13-4513, 1-8-2013; Ord. 13-4523, 4-23-2013; Ord. 14-4585, 6-3-2014; Ord. 14-4592, 8-19-2014; Ord. 14-4599, 10-21-2014; Ord. 16-4662, 4-19-2016; Ord. 22-4884, 8-2-2022)

   A.   Purpose: The conservation district overlay (OCD) zone is used to designate conservation districts. The purpose of this overlay zone is to:

      1.   Conserve the unique characteristics of older neighborhoods and resources, including their architectural, historical and aesthetic qualities;

      2.   Provide for design review of new construction or alteration of existing resources to assure compatibility with the existing character of older neighborhoods and preserve the historic integrity of the resource;

      3.   Encourage the retention, rehabilitation and appropriate maintenance of existing buildings, structures and sites in older neighborhoods;

      4.   Stabilize property values and encourage reinvestment in older neighborhoods; and

      5.   Protect the environmental setting of historic landmarks and historic districts through the designation of conservation districts adjacent to historic landmarks and historic districts.

   B.   Authority: The city council may designate by ordinance areas of the city as conservation districts. The process of designation is considered an overlay rezoning. A conservation overlay rezoning is required to designate conservation districts. The procedures for conservation district overlay rezonings are set forth in chapter 8, article E, "Historic Preservation Commission Approval Procedures", of this title.

   C.   Descriptions: A conservation district is a geographically cohesive area that is similar to a historic district in character. However, because it has fewer properties that retain a high degree of historic integrity or contribute to a distinct sense of time and place, it does not currently qualify as a historic district. Because these areas are still considered worthy of protection, the city council may designate them for conservation. To qualify for designation as a conservation district, the subject area must contain abutting pieces of property under diverse ownership, the built portions of which, by majority, are at least fifty (50) years old, but according to a historic resources survey, sixty percent (60%) or less of the structures are of a quality, integrity and condition that qualify for historic district designation. The properties within the subject area must also meet one of the following additional criteria:

      1.   They represent the traditional character of Iowa City neighborhoods through architectural characteristics, building scale, building setback and streetscape design; or

      2.   They exemplify a pattern of neighborhood settlement or development significant to the cultural history or tradition of Iowa City; or

      3.   They represent unique or unusual physical character that creates a distinctiveness. (Ord. 05-4186, 12-15-2005; amd. Ord. 10-4404, 9-7-2010; Ord. 22-4884, 8-2-2022)

   A.   Purpose: The intent of the historic review process is:

      1.   To ensure that material changes to exterior features of landmarks and properties in historic and conservation districts do not substantially alter or destroy the defining architectural character of a building, site or neighborhood.

      2.   To provide property owners, contractors and consultants with technical assistance and design alternatives to ensure that proposed projects conform with the applicable historic preservation guidelines.

   B.   Applicability:

      1.   If a material change that requires a regulated permit, as defined in chapter 9, article B, "Historic Preservation Definitions", of this title, is proposed for any property located in a historic or conservation district or to a property that has been designated a historic landmark, historic review is required. A minor, intermediate, or major review will be conducted as applicable, and as set forth in chapter 8, article E, "Historic Preservation Commission Approval Procedures", of this title, and if approved, will result in the issuance of a certificate of appropriateness or a certificate of no material effect. (Ord. 05-4186, 12-15-2005)

      2.   For purposes of this article, a "material change" is any act that adds new materials or otherwise modifies an exterior feature of a property. "Material changes" include alterations to the exterior features of a building or structure, demolition of a building or structure, demolition of a portion of a building or structure, and new construction on a property, including construction of any new street access drives. (Ord. 06-4245, 12-12-2006)

      3.   Normal repairs or maintenance that do not involve material changes for which a regulated permit is required are exempt from historic review. For example, changes made in the color of the exterior surfaces of a building are considered normal maintenance and repair and are therefore not subject to historic review.

   C.   Approval Criteria: Applications for historic review will be reviewed for compliance with the following guidelines and standards, which are published in the "Iowa City Historic Preservation Handbook", as amended:

      1.   Historic Districts And Landmarks: For properties located within a historic district or designated a historic landmark:

         a.   "Secretary Of Interior's Standards For Rehabilitation", 1990 edition or subsequent revision thereof.

         b.   "Iowa City Guidelines For Historic Preservation".

         c.   Individual district guidelines:

            (1)   "Longfellow Neighborhood District Guidelines".

            (2)   "College Hill Neighborhood District Guidelines".

            (3)   "Woodlawn District Guidelines".

            (4)   "Northside Neighborhood District Guidelines".

      2.   Conservation Districts: For properties located within a conservation district:

         a.   "Iowa City Guidelines For Historic Preservation".

         b.   Individual district guidelines:

            (1)   "Longfellow Neighborhood District Guidelines".

            (2)   "College Hill Neighborhood District Guidelines".

      3.   Multi-Family And Two-Family Uses: For properties located within a historic or conservation district in which alterations, additions or new construction will result in two (2) or more dwelling units, the property must meet the central planning district multi-family standards in addition to any applicable guidelines and standards listed above.

   D.   Appeals: Any person aggrieved by any decision of the commission regarding an application for historic review in a historic district or for a historic landmark may appeal the action to the city council. Any person aggrieved by any decision of the commission regarding an application for historic review in a conservation district may appeal the action to the board of adjustment. Procedures for such appeals are set forth in chapter 8, article E, "Historic Preservation Commission Approval Procedures", of this title. (Ord. 05-4186, 12-15-2005)

After receiving written notification from the commission of the disapproval of a certificate of appropriateness, the owner of record may apply for a certificate of economic hardship if he or she believes that the application of the provisions of this article would result in economic hardship to the extent that the property in question cannot yield a reasonable return. The review and approval procedures for a certificate of economic hardship are set forth in chapter 8, article E, "Historic Preservation Commission Approval Procedures", of this title. The applicant bears the burden of proof and must support each of the approval criteria by a preponderance of the evidence.

   A.   The property in question cannot yield a reasonable return if required to comply with the requirements and standards specified in this article. It is not sufficient to show that the potential return will be reduced as a result of these regulations, but rather it must be demonstrated that the resulting reduction would be near confiscation.

   B.   The owner's situation is unique or peculiar to the property in question, and the situation is not shared with other landowners in the area nor due to general conditions in the neighborhood.

   C.   The hardship is not of the property owner's or applicant's own making. (Ord. 05-4186, 12-15-2005)

Issuance of a certificate of appropriateness, certificate of no material effect, or a certificate of economic hardship is authorization to make only those material changes specified in the approved application. It shall be the duty of the building official or designee to inspect, from time to time, any work performed pursuant to such a certificate to ensure compliance with the requirements of such certificate. If it is found that such work is not being carried out in accordance with the certificate, the building official shall issue a stop work order. Any material change at variance with that authorized by the certificate shall be deemed a violation of these regulations and subject to any enforcement action and penalties allowed herein. (Ord. 05-4186, 12-15-2005)

   A.   Except for emergencies as determined by the building official pursuant to the ordinances of the city, city enforcement agencies and departments must give the historic preservation commission at least thirty (30) days' notice of any proposed order for remedying conditions determined to be dangerous to life, health or property which may affect the exterior features of any building or structure located in a historic district, conservation district or that has been designated a historic landmark.

   B.   The commission may require that material changes not adversely affect the exterior features of a building in cases where the danger to life, health or property may be abated without detracting from the exterior features of the building. In such cases, it is the responsibility of the commission and the city enforcement agency or department to cooperate with the property owner in an attempt to achieve a preservation solution whereby the dangerous conditions will be corrected with minimal adverse impact on exterior features. Such plan shall be approved by the commission and shall be signed by the chair of the commission, the property owner and the head of the city enforcement agency or department.

   C.   If a solution acceptable to the commission, the city enforcement agency or department and the property owner cannot be reached within thirty (30) days or a period of time acceptable to the city enforcement agency or department, the agency or department shall proceed to issue and enforce its proposed order. (Ord. 05-4186, 12-15-2005)

   A.   Duty To Maintain: All buildings and structures that contribute to a conservation or historic district, or that are listed or are eligible for listing on the National Register of Historic Places, regardless of whether they are in a designated historic or conservation district, must be preserved against decay, deterioration, and kept free from structural defects by the owner or such person, persons, or entities who may have custody or control thereof. Accordingly, all such buildings and structures must be maintained in accordance with the provisions of section 17-5-19, "Responsibilities Of Owners Relating To Maintenance And Occupancy Of Premises", of this code.

   B.   Determination And Action:

      1.   The historic preservation commission may file a petition with the building official requesting investigation of any applicable building or structure suspected of neglect or deterioration according to the standards referenced in subsection A of this section. The building official will proceed with investigation and may take any enforcement action necessary to correct or prevent further violation.

      2.   Upon failure, neglect, or refusal of the property owner(s) or other responsible person(s), duly notified, to take the corrective action(s) specified by the building official within the time allotted, the building official may institute any and all legal or equitable remedies along with penalties provided by law for said violations. (Ord. 05-4186, 12-15-2005)

The purpose of design review is to:

   A.   Assure compatibility with the defining characteristics of the surrounding area or to preserve the integrity of existing neighborhoods or to support a unifying theme for a particular development or area in order to spur economic growth.

   B.   Provide for careful review of new construction or alteration of existing structures in areas of the City where the existing built environment is expressive of the architectural traditions of Iowa City and the unique physical features of the area or to provide guidance in areas where there is a lack of any defining physical or aesthetic qualities but in which the City wishes to establish such qualities.

   C.   To provide property owners, contractors and consultants with technical assistance and design alternatives to ensure that proposed projects conform with the applicable standards.

   D.   Enhance the social, cultural, economic, environmental and aesthetic development of the community by encouraging both harmonious and innovative design.

   E.   Promote orderly community growth and protect property values.

   F.   Recognize that land use regulations aimed at these objectives provide not only for the health, safety and general welfare of the citizens, but also for their comfort and prosperity, and for the beauty and balance of the community. (Ord. 05-4186, 12-15-2005)

The City Council may designate buildings, areas, and structures within the City that are subject to design review. The Council may also designate Design Review Districts that contain contiguous parcels of real property, the built portions of which are expressive of the defining architectural and other physical and aesthetic properties that give evidence to the physical traditions of Iowa City and the unique features of the area; or are areas that lack any defining physical or aesthetic qualities but are places where the City wishes to establish such qualities.

   A.   Designated Areas, Buildings, And Structures: Projects located in the following areas are subject to the design review process:

      1.   Urban Renewal Project, Iowa R-14: Exterior alterations or new construction occurring on all parcels that were acquired and/or disposed of by the City as part of the urban renewal project known as Iowa R-14 are subject to design review. Design review is also required for public right-of-way improvements occurring within and adjacent to the urban renewal area designated as Urban Renewal Project R-14.

      2.   City Plaza: Design review is required for all projects designated as requiring such review by title 10, chapter 5, "City Plaza", of this Code. Any public improvements to City Plaza are also subject to design review.

      3.   Other Public-Private Partnership Agreements: Projects specifically designated as requiring design review pursuant to a development agreement between a private property owner and the City, such as for urban renewal parcels and other properties receiving public tax abatements or subsidies.

      4.   Central Planning District: Any exterior alterations to, additions to, or new construction of two-family uses, multi- family uses, group living uses, and institutional/civic uses located on a property in the Central Planning District, are subject to design review according to the rules of applicability and standards contained in section 14-2B-6, "Multi-Family Site Development Standards", of this title. (See Central Planning District map located in section 14-2B-6 of this title.)

      5.   PRM Zone: All exterior alterations to, additions to, or new construction on properties located within the PRM Zone are subject to design review according to the rules of applicability and standards contained in section 14-2B-6, "Multi-Family Site Development Standards", of this title.

      6.   Towncrest Design Review District: Any exterior alterations to, additions to, or new construction of buildings and structures, or alterations or additions to site development, such as parking areas, landscaping, screening, lighting, and access on property within the boundaries of the Towncrest Design Review District, as illustrated on the map below, are subject to design review. However, on property zoned Single-Family Residential, new construction, alterations, or additions to single-family uses, including alterations or additions to site development associated with said uses, are exempt from design review.

         a.   Towncrest Design Review District Map:

      7.   Design Review For Riverfront Crossings Districts: Any exterior alterations to, additions to, or new construction of buildings and structures, or alterations or additions to site development, including, but not limited to, parking areas, landscaping, screening, lighting, and access on property zoned to a Riverfront Crossings Code designation shall be subject to design review as specified in subsection 14-2G-1D, "Design Review", of this title.

      8.   Rooftop Service Areas: Rooftop service areas as set forth in chapter 4, article C, "Accessory Uses And Buildings", of this title.

   B.   Requests For Advice:

      1.   The City Council may request advice and recommendations from the Design Review Committee on projects located outside of designated areas.

      2.   Property owners in the CB-10 and CB-5 Zones may request advice from the Design Review Committee for projects located outside of designated areas, but such advice will be purely advisory.

   C.   Exemptions: Ordinary maintenance or repairs that do not involve changes in architecture and general design, arrangements, texture, material, or color are exempted. (Ord. 05-4186, 12-15-2005; Ord. 11-4421, 2-1-2011; Ord. 15-4641, 9-15-2015; Ord. 16-4675, 9-20-2016; Ord. 16-4685, 11-15-2016; Ord. 19-4779, 2-19-2019; Ord. 22-4882, 6-21-2022)

Where design review is required pursuant to this article, such review shall be conducted and approved in accordance with the following levels of review prior to issuance of any building permit. (Ord. 16-4685, 11-15-2016)

   A.   Levels Of Design Review:

      1.   Level I Review:

         a.   A level I review will be conducted for the following designated areas, properties, and structures:

            (1)   City Plaza.

            (2)   Sidewalk cafes.

            (3)   Central Planning District.

            (4)   PRM Zone.

            (5)   Certain public-private partnership agreements; level of review is pursuant to the specific development agreement.

            (6)   Minor exterior alterations, such as window placement, and color, that do not substantially change the building concept of a Council approved plan under Urban Renewal Project, Iowa R-14.

            (7)   Towncrest Design Review District.

            (8)   Design review for Riverfront Crossings Districts.

            (9)   Certain building height bonus provisions as specified in subsection 14-2G-7G of this title.

            (10)   Rooftop service areas as set forth in chapter 4, article C, "Accessory Uses And Buildings", of this title.

         b.   Applications for level I review will be reviewed and approved, modified, or disapproved by the staff Design Review Committee or, in the case of Riverfront Crossings Districts, by the Form Based Code Committee, in accordance with chapter 8, article B, "Administrative Approval Procedures", of this title.

      2.   Level II Review:

         a.   A level II review will be conducted for the following designated areas, properties, and structures:

            (1)   Urban Renewal Project, Iowa R-14, except for minor exterior alterations, such as signage, window placement, and color, that do not substantially change the building concept of the Council approved plan. Such minor alterations will be subject to level I review.

            (2)   Certain public-private partnership agreements; level of review is pursuant to the specific development agreement.

            (3)   Structures designed with certain building height bonuses allowed pursuant to subsection 14-2G-7G of this title.

         b.   Applications for level II review will be reviewed by the staff Design Review Committee with their recommendation forwarded to the City Council for approval, modification, or disapproval according to the procedures for design review contained in chapter 8, article B, "Administrative Approval Procedures", of this title.

   B.   Approval Criteria: Applications for design review will be reviewed for compliance with the guidelines and standards as referenced below:

      1.   Urban Renewal Project, Iowa R-14: Design review subject to the design guidelines listed in subsection C of this section.

      2.   City Plaza: Design review subject to design guidelines listed in subsection C of this section.

      3.   Other Public-Private Partnership Agreements: Design review guidelines for each such project that is specifically designated as requiring design review will be pursuant to the development agreement between the private property owner and the City. In the absence of such guidelines, the design guidelines listed in subsection C of this section will be used.

      4.   Sidewalk Cafes: Design review subject to the design guidelines listed in subsection C of this section, and any additional requirements and guidelines listed in title 10, chapter 3 of this Code.

      5.   Central Planning District: Design review according to the applicable multi-family site development standards set forth in chapter 2, article B, "Multi-Family Residential Zones", of this title.

      6.   PRM Zone: Design review according to the applicable multi- family site development standards set forth in chapter 2, article B, "Multi-Family Residential Zones", of this title.

         7.   Towncrest Design Review District: Design review according to the applicable design provisions within the "Towncrest Urban Renewal Area Design Plan Manual" and according to the applicable standards listed in subsection C of this section. For purposes of design review, Towncrest Drive shall be considered a street, with buildings, parking areas, pedestrian amenities, landscape screening, and other streetscape elements designed and located to appropriately address Towncrest Drive as a street frontage as illustrated in the "Towncrest Urban Renewal Area Design Plan Manual".

         8.   Riverfront Crossings District Design Review: Riverfront Crossings District design review according to subsection 14-2G-1D of this title.

         9.   Rooftop Service Areas: Rooftop service areas allowed as provisional uses according to approval criteria set forth in chapter 4, article C, "Accessory Uses And Buildings", of this title.

   C.   Design Review Guidelines: When reviewing a project subject to design review, the Design Review Committee and City Council will adhere to the following guidelines, if applicable as stated in subsection B of this section. In no case shall these guidelines be used to attempt to replace or override the other requirements of this title.

      1.   Definitions:

   COMPATIBILITY: Harmony in the appearance of buildings, structures and landscape developments along the same streetscape.

   HARMONY: An aesthetically pleasing image resulting from an arrangement of various architectural and landscape elements along the same streetscape.

   LANDSCAPE: Elements of nature, topography, buildings and other manmade objects viewed in relation to one another.

   MISCELLANEOUS STRUCTURES: Structures, other than buildings, visible from public ways. Examples include memorials, antennas, sheds, shelters, fences and walls, transformers and drive-up facilities.

   SCALE: The relationship of the size of elements to one another and to the human figure.

   SCREENING: Structures and/or plantings that conceal an area from view of a public way.

   STREET FURNITURE: Manmade objects, other than buildings, that are part of the streetscape. Examples include benches, litter containers, planting containers, sculptures, vending machines and newspaper dispensers.

   STREETSCAPE: The scene of a public street or way composed of natural and manmade elements, including buildings, paving, plantings, street furniture and miscellaneous structures.

      2.   Building Design:

         a.   The project evaluation will be based on the architectural concepts of the design and the project's relationship to and compatibility with the defining characteristics of the buildings and site features of the surrounding area, or alternatively, in areas proposed for redevelopment or revitalization, the proposed building(s) will be evaluated according to the goals of the revitalization plan, whether it be to strengthen or preserve the integrity of the existing area or to support a new architectural theme or set of unifying characteristics for a particular development or area. (See figure 3C.1 of this section.)

         b.   Architecturally significant buildings proposed for renovation or rehabilitation should retain the original architectural style and the essential and prominent features and materials of the original facade.

         c.   Alignment of the horizontal and vertical architectural features on building fronts is desirable so as to enhance the visual continuity of the streetscape. (See figure 3C.2 below.)

         d.   The development of the first floor level should provide visual interest to and interaction with pedestrians through the use of such features as windows, doors, and lighting. Blank stretches of wall will be discouraged.

         e.   Exterior lighting and fixtures should blend with the architectural design. They should provide adequate illumination for safety purposes without excess glare.

         f.   Colors should be an integral part of the architectural style.

         g.   Rooftop equipment should blend with building design or be screened.

      3.   Relationship Of Building(s) To Site:

         a.   The project should integrate with adjoining properties, provide a transition between the project and pedestrian uses, and provide appropriate landscaping.

         b.   Parking and service areas should blend with the street frontage or be screened from public view.

         c.   The scale of each building should be compatible along a street frontage to preserve the character of the street or to create the desired streetscape anticipated by the development plan or agreement. Rhythm and proportion of buildings, doors, windows and other projections should be considered. (See figure 3C.2, located at the end of subsection C2c of this section.)

         d.   Building materials, colors, textures, lines and masses should harmonize with adjoining buildings and sites, or alternatively, in areas proposed for redevelopment or revitalization, the proposed building materials, colors, textures, lines and masses should be in harmony with the architectural theme or goals of the revitalization plan, whether it be to strengthen or preserve the integrity of the existing area or to support a new architectural theme or set of unifying characteristics for a particular development or area.

         e.   Site grading work should blend with surrounding site grades.

      4.   Landscaping:

         a.   Landscaping should enhance and complement architectural features and improve the visual and aesthetic quality of the streetscape.

         b.   Plants should be protected by appropriate curbs, raised planting surfaces, tree guards or other devices when located in areas where plants may be susceptible to injury by pedestrian or motor traffic.

         c.   Paved areas, such as sidewalks and parking spaces, should be designed to facilitate the safe and efficient circulation of pedestrians and vehicles.

         d.   Service yards, trash receptacles and storage areas should be screened by buildings, fencing, plantings, walls or an appropriate combination of these.

         e.   Existing natural features should be maintained and incorporated into site design if possible.

         f.   Street furniture and miscellaneous structures should be integrated with the architectural concept and be located and designed to be convenient and functional for the public. Their design should be compatible with surrounding buildings and streetscape in scale, materials and color scheme. Alternatively, in areas proposed for redevelopment or revitalization, the proposed street furniture and miscellaneous structures should be integrated with the architectural theme or goals of the revitalization plan, whether it be to strengthen or preserve the integrity of the existing area or to support a new architectural theme or set of unifying characteristics for a particular development or area.

      5.   Canopies And Awnings:

         a.   Canopies and awnings must respect the style and character of the structure on which they are located, particularly in the material and color.

         b.   The highest point of a canopy/awning or its superstructure must not be higher than the midpoint of the space between the second story windowsills and the top of the first floor storefront window or transom. (See figure 3C.7 of this section.)

         c.   Along sidewalks and pedestrianways, canopies and awnings should project a sufficient distance from the building wall to be functional, i.e., to provide shade and weather protection for pedestrians and to prevent reflective glare on storefront windows that may block views into the storefront or display window.

   D.   Appeals: Any person or persons, jointly or severally, aggrieved by any decision of the design review committee regarding a level I design review application may appeal such decision to the board of adjustment according to the applicable procedures for appeals set forth in chapter 8, article C, "Board Of Adjustment Approval Procedures", of this title. (Ord. 05-4186, 12-15-2005; amd. Ord. 11-4421, 2-1-2011; Ord. 14-4586, 6-3-2014; Ord. 15-4641, 9-15-2015; Ord. 16-4675, 9-20-2016; Ord. 16-4685, 11-15-2016; Ord. 22-4882, 6-21-2022)

Approved applications for design review authorize only those changes in appearance set forth in such approved applications and no other changes in appearance. It will be the duty of the building official or designee to inspect, from time to time, any work performed pursuant to such an approved application to ensure compliance with the requirements of such application. If it is found that such work is not being carried out in accordance with the approved application, the building official will issue a stop work order and may deny issuance of a certificate of occupancy. Any change in appearance at variance with that authorized by the approved application shall be deemed a violation of these regulations. (Ord. 05-4186, 12-15-2005)

If the building application deviates from approved design review applications, the director of housing and inspection services or designee will inform the design review committee, who will then determine if the proposed changes are substantive. Substantive changes to an approved application for design review require submittal of those changes to the design review committee and approval thereof according to the applicable design review procedures. (Ord. 05-4186, 12-15-2005)