The provisions of this division shall not apply to single-family dwellings built on lands subdivided pursuant to a final or parcel map approved by the city council prior to July 1, 1979. Such single-family dwellings shall be subject to administrative design review as provided for in Chapter 18.68 of this title.

(Ord. 678B §1, 1999: Ord. 585B §1(part), 1993: Ord. 361B §1, 1979: Ord. 357B §8.04.000, 1979)

The city council finds that there exist in the city conditions which promote disharmony and reduce land and property values. The council also finds that the lack of appropriate guidelines for the design of new buildings and structures on the city's streets contributes to these conditions. It further finds desirable the provision of such guidelines for the protection and enhancement of land and property values, for the creation and preservation of a high-quality environment and for the promotion of the health, safety and general welfare of the community.

(Ord. 585B §1(part), 1993: Ord. 357B §8.01.000, 1979)

The purpose of this division is to:

(1)

Recognize the interdependence of land values and aesthetics and to provide a method by which the city may implement this interdependence to its benefit;

(2)

Encourage development of private property in harmony with the desired character of the city and in conformance with the guidelines provided in this division; including, but not limited to the goals, objectives, district design guidelines and standards described in the Lincoln downtown urban design plan, adopted by the city council by Resolution No. 92-95 and as may be amended, and provided that due regard and consideration is given to the public and private interest involved;

(3)

Foster attainment of those sections of the city's general plan which specifically relate to preservation and enhancement of the particular character of the city, including, but not limited to, that described in the Lincoln downtown urban design plan, through encouraging private interests to assist in their implementation;

(4)

Assure that the public benefits derived from expenditures of public funds for improvement and beautification of streets and other public structures and spaces including, but not limited to, that described in the Lincoln downtown urban design plan, shall be protected by the exercise of reasonable controls over the character and design of private buildings and open spaces.

(Ord. 585B §1(part), 1993: Ord. 357B §8.01.010, 1979)

The city council creates the design review board. The membership of the design review board shall consist of the following persons:

(1)

City engineer;

(2)

City planner;

(3)

City administrator or his designee;

(4)

City fire chief or his designee;

(5)

City police chief or his designee;

(6)

A member of the planning commission appointed by the commission;

(7)

A member of the public appointed by the city administrator.

(Ord. 417B §1, 1982: Ord. 357B §8.02.000, 1979)

The duties of the design review board shall be to make recommendations on any matter requiring qualified aesthetic and/or architectural judgments to the end that the general appearance of any improvement shall preserve or enhance the physical environment and character of the community.

(Ord. 357B §8.02.010, 1979)

Prior to the construction, erection, alteration, moving, remodeling or other change in a building or structure within the city, the applicant shall file with the design review board the following, if required by the board:

(1)

A site plan showing:

a.

The roof plan of the building;

b.

Location of existing trees and structures, if any;

c.

Locations and dimensions of streets and highway designations;

d.

Location of off-street parking and loading facilities;

e.

Location of points of entry and exit for vehicles and internal circulation patterns;

f.

Location of walls and fences and indication of their height and material of construction;

g.

Exterior lighting standards and devices;

h.

Grading and slopes where these affect the relationship of the buildings.

(2)

Architectural drawings of elevations, to include all sides of the development;

(3)

Preliminary landscape plan, including the plant names;

(4)

Site photographs or snapshots showing the site itself and adjacent properties to intersections;

(5)

Color and texture chips or other samples of materials.

(Ord. 357B §8.03.000, 1979)

The design review board shall review the applications for permits throughout the city. The project designer or his representatives shall be present and shall participate in the review process.

(Ord. 357B §8.03.010, 1979)

The design review board shall examine the materials submitted with the application by considering the following aspects for conformance with the purpose of this division:

(1)

General site-utilization considerations;

(2)

General architectural considerations:

a.

Height, bulk and area of the building;

b.

Colors and types of buildings and installations;

c.

Physical and architectural relation of buildings with existing and proposed structures;

d.

Site layout, orientation and location of buildings in relationship with open areas and topography;

e.

Height, materials, colors and variations in boundary walls and fences;

f.

Location and type of landscaping, including but not limited to off-street parking areas;

g.

Appropriateness of sign design and exterior lighting;

h.

General landscape considerations;

i.

Graphics.

(Ord. 357B §8.03.020, 1979)

The design review board shall make a report on each application to the city planning commission, which shall either approve, approve with conditions or overrule the recommendations of the design review board.

(Ord. 357B §8.03.030, 1979)

Before a building or structure may be occupied, it must be inspected by the building inspector for compliance with the recommendations of the design review board as approved by the planning commission. Occupancy shall not be permitted unless landscaping also complies with the approved plan. If for any reason landscaping cannot be accomplished at the time of construction, a performance bond shall be posted by the owner or builder.

(Ord. 357B § 8.03.040, 1979)

The recommendation of the design review board as approved by the planning commission shall remain in effect no longer than four years, unless a condition of approval specifies an alternate time expiration limit, at the end of which time, if the building is not completed or under construction, the applicant must apply for a new permit and initiate the review process. The community development director may grant one extension of time for a period not exceeding two years, provided application for an extension is made prior to expiration of the original entitlement. Extension decisions are appealable to the applicable body above the specific decision maker (i.e., a community development director decision may be appealable to the planning commission).

(Ord. No. 1081B, § 5(5.1F), 8-27-2024; Ord. 357B §8.03.050, 1979)

The city council finds that there exists in the city, conditions with promote disharmony and reduce land and property values. The council also finds that the lack of appropriate guidelines for the design of new single-family structures and property contributes to these conditions. It further finds desirable the provision of such guidelines for the protection and enhancement of land and property values, for the creation and preservation of a high-quality environment and for the promotion of the health, safety and general welfare of the community. Based upon the above findings, the city council hereby establishes an administrative design review process for all newly constructed dwellings (including all modular/prefabricated dwellings) placed upon a single family lot subdivided pursuant to a final or parcel map approved by the city council prior to July 1, 1979, which pursuant to Section 18.64.010 is not subject to design review as provided in Division VII of Title 18 of this code.

(Ord. 678B §2 (part), 1999)

The community development director or his/her designee shall have authority to approve an administrative design review application upon a determination that the criteria set forth in Section 18.68.030 have been met. Within ten days of receiving a complete application, the community development director will render a determination regarding the approval of the application. The director shall have the authority to approve, approve with conditions, or deny an application. The community development director may, at his or her discretion, schedule for review by the planning commission any application for approval. The planning commission shall have the authority to approve, approve with conditions or deny all applications for design review if so scheduled by director.

(Ord. 678B §2 (part), 1999)

Single-family dwellings are required to meet the following criteria in order to be approved for administrative design review:

(1)

The structure is covered with an exterior material customarily used in new residential structures in the surrounding neighborhood. This includes garages as well as the main structure.

(2)

The exterior covering material extends to the ground. If a solid concrete or masonry perimeter foundation is used, the foundation shall be textured or colored to match the exterior covering material. Alternate skirting materials customarily used in residential structures in the surrounding neighborhood will be considered compatible.

(3)

The roofing material is of a material customarily used on residential structures in the surrounding neighborhood.

(4)

The roof pitch design is one customary to the pitch on residential structures in the surrounding neighborhood.

(5)

The evaluations including the placement of doors, windows, eaves and gable overhangs are typical for those customarily used in residential structures in the surrounding neighborhood.

(6)

The dwelling meets all of the requirements for the zoning district, including setbacks, lot coverage, off-street parking requirements and other development standards applicable to the district in which it is to be located.

(7)

The façade that fronts on the street is designed with sufficient detail to make it visually compatible with residential structures in the area.

(Ord. 678B §2 (part), 1999)

Any applicant or other person aggrieved by a decision made by the director of community development under Section 18.68.020 may appeal to the planning commission pursuant to Chapter 18.94.

(Ord. 678B §2 (part), 1999)

The city council finds and determines that oak trees are beneficial to the health and welfare of the citizens of Lincoln in that they preserve and promote natural beauty, reduce soil erosion, enhance property values, improve air quality, help maintain climatic balance, decrease wind velocities, abate noise, aid in water absorption, and help reduce energy consumption for air cooling by providing shade, and that preservation of these oak trees is in the public interest.

It shall be the policy of the city to preserve all oak trees possible through its development review process while at the same time recognizing individual rights to develop private property.

(Ord. 459B §1, 1984; Ord. No. 1039B, § 5, 9-28-2021)

The city council may adopt guidelines to regulate the preservation of oak trees located within the city limits. After adoption of the guidelines, the planning commission, the city council and/or the design review committee, as the case may be, shall utilize these guidelines in reviewing applications for projects including but not limited to rezonings, subdivision maps, parcel maps, development permits, conditional use permits, design review board approvals, and variances and shall impose conditions of approval on such projects consistent with said guidelines.

(Ord. 459B §2, 1984)

Inspection for compliance with the conditions of project approval relating to the preservation of oak trees shall be part of the city's regular project inspections. Whenever the city building official or city planner determines that construction activities are not in compliance with the conditions of project approval, the building official shall issue a stop work order which shall prohibit any further development activity until the violation(s) have been corrected. The stop work order shall set forth in writing the violation(s) and shall list the remedies to be taken to correct the violation(s).

(Ord. 459B §3, 1984)

If it is determined pursuant to the procedure set forth in Section 18.54.080 that an oak tree(s) has been removed or irrevocably harmed so that its death is imminent in violation of the conditions of project approval, the city may require one or more of the following to correct the violation:

(1)

Replacement of the oak tree(s) removed or irrevocably harmed in violation of the conditions of project approval by planting replacement specimen trees of no less than 15 gallons in size, having a total combined diameter at the time of planting equal to the diameter of the removed tree(s).

(2)

If the project site is not capable of supporting all the required replacement trees, a fee shall be paid to the city equal to the retail cost, at the time of the violation, of the replacement trees required in subsection (1) of this section, but which cannot be accommodated on the project site. Such fees shall be deposited in a separate fund and used to plant new trees, to secure oak tree habitat, to maintain existing trees owned by the city and to maintain trees located within the city's right-of-way.

(3)

In addition to the remedies set forth in subsections (1) and (2) of this section, the city shall have recourse to any penalty which may be imposed under this title for failure to comply with conditions of project approval.

(Ord. 459B §4, 1984; Ord. No. 1039B, § 6, 9-28-2021)