The intent in conducting design review is to ensure that new development will enhance the character of the commercial and multi-family areas. Site design and architecture must create spaces which are readily accessible to pedestrian and vehicular traffic, allow for the function of service vehicles, minimize pedestrian and vehicular conflicts, maximize personal comfort and safety, soften the built environment with landscaped areas, and enhance the character and aesthetic appearance of neighborhoods.

The design standards adopted by the city council are considered a tool for the implementation of the comprehensive plan.

The design review process is also intended to provide applicants with preliminary review of proposals before investing in engineering or developing the level of detail necessary for permit submittal. In this way, early application of the City of Lynden design requirements prevents costly revisions to permit sets and reduces the duration of permit review.

(Ord. No. 25-1708, § 1, 6-2-2025)

A.

Establishment and Applicability.

1.

An administrative process is hereby established to provide written review of site layout, parking, and lighting, exterior design of buildings, and the landscape proposed for construction of multi-family dwellings as well as the construction, significant reconstruction, or remodeling of commercial buildings in all commercial zones. This process also includes sign review as required in Chapter 19.33 of this code.

2.

Authority. The community development director will determine when the design review process is required. The community development department shall prepare a staff report on the design proposal summarizing requirements and conditions of permit approval. The staff report shall include findings, conclusions, and conditions for disposition of the design application.

Small projects or minor remodels may not warrant the design review process but design requirements could instead be implemented at the time of grading or building permit review. The community development director will determine when the design review process is required.

B.

Relief from Standards.

3.

Residential Waivers. The technical review committee makes a final determination on applications to provide relief from those residential design standards that are eligible for waiver as described in LMC 19.45.030 and LMC 19.22.010.

4.

Variance.

a.

The city council may consider variance requests to commercial design standards of 19.23.080 and 19.23.090 per the process outlined in LMC 19.47 except that the council will consider the matter in a closed record hearing rather than an open record hearing.

b.

Applicants are subject to the provisions of LMC 19.47.110 which outlines the conditions necessary to justify a variance.

5.

Appeals. Decisions made through the administrative design review process including decisions on waivers are appealable to the hearing examiner consistent with procedures used for appeals of administrative decisions. Appeals must be submitted to the community development department within fourteen days of the date the final decision report was issued.

B.

Administrative Guidelines. The community development director is authorized to promulgate administrative guidelines and materials to illustrate the requirements of this chapter or to provide examples of signs that are permitted or prohibited by this chapter. Such guidelines and materials may be revised periodically at the discretion of the community development director.

Plans submitted to the technical review committee for a waiver to the residential design criteria must meet the following criteria:

A.

Granting the waiver would not be inconsistent with privately recorded covenants, conditions or restrictions;

B.

The proposed structure would meet all building and fire codes as determined by the building official;

C.

The applicant is not varying more than two of the design criteria.

D.

Granting the waiver does not negatively impact the integrity of the overall design; or permanent mitigating elements will be included in the design to offset impacts created by the waiver. Mitigating elements must not include features which could later be easily altered or removed or considered temporary in nature such as finish color or landscape.

E.

The purpose of the waiver is to support a specific design/architectural style and not simply to reduce construction costs. It is the burden of the applicant to demonstrate how the waiver, along with other design elements of the building and site, supports an identified architectural style.

(Ord. No. 25-1708, § 1, 6-2-2025)

A.

Review. The community development department shall review each application to determine if the design meets the standards as adopted in LMC 19.22 for residential design or LMC 19.23.080 and 19.23.090 for commercial design or LMC 19.33 for signs. The department shall develop a report which concludes with one of the following:

1.

Grants approval of the proposed exterior design or sign, or

2.

Denies the proposed design, or

3.

Approves the design with conditions, which shall be noted in the report and communicated to staff who will be reviewing and inspecting the subsequent construction permits.

A.

Enforcement.

1.

Planning staff and the building official shall enforce the final conclusions of design review when granting a grading or building permit. All designs shall be subject to the International Building Code as well as all Lynden Municipal Codes. Equivalent substitutions and minor alterations which follow a design review report's conclusions may be approved by the community development director.

2.

The community development department shall not require conditions which are contrary to the requirements of any applicable development standards or building codes.

(Ord. No. 25-1708, § 1, 6-2-2025)