The city's downtown design district, defined on the official zoning map, is intended to be the community's downtown showcase business and civic district. The city council finds that the area's visibility, private and public assets, and economic importance gives rise to the need for a special approach to the development of this area.

(Code 2015, § 10.51(1))

A certificate of design compliance shall be required for all construction activities, including all street and utility activities, within the downtown design district. No building permit shall be issued for any activity listed in this subsection unless a certificate of design compliance has been issued. The purpose of the certificate of design compliance is to ensure that development activity will enhance the visual and aesthetic character of the downtown area in accordance with the Riverfront 2000 plan and the design framework set forth in this document. A certificate of design compliance shall be required for the following:

(1)

The expansion and exterior alteration of buildings, existing on the effective date of the ordinance from which this chapter is derived, when the expansion or exterior alteration requires a building permit. In such case, the expansion or exterior alteration shall be compatible with the materials, color, scale, and architectural features of the existing building.

(2)

The construction of new buildings.

(3)

Moving a building.

(4)

Demolition of a building.

(5)

Adding or removing landscaping plantings in excess of 100 square feet in area.

(6)

Erection of signs.

(7)

All mobile or seasonal concession vehicles/stands located within the downtown area which effectively become permanent structures by remaining immobile at the same location for more than three hours in any 24-hour period.

(Code 2015, § 10.51(2))

An application for a certificate of design compliance shall be submitted to the planning director for any activity in the downtown design district listed in section 10-896. Prior to the filing of an application, the developer shall meet with the planning director, or his or her designee, for informal discussions regarding the proposed development. As far as practical, the planning director will advise the developer as to the extent the proposed development conforms to the established design criteria set forth and suggest possible plan modification. Such form of application shall be supplied by the city's division of planning and development services. The application shall be accompanied by detailed plans for the proposed activity; such plans shall, at a minimum, include:

(1)

Description of site.

(2)

Area of site (in square feet or acres).

(3)

Date, north arrow, and scale (1:20, 1:50, or 1:100).

(4)

Name and address of persons preparing the plan.

(5)

Key map showing the site location and existing structures within 100 feet of the site.

(6)

Scaled footprint of main building and all accessory structures.

(7)

On-site open space and landscaped areas, including plant species, fencing, and other landscape amenities.

(8)

Location of on-site parking facilities.

(9)

Loading and servicing areas.

(10)

Scale drawings of all proposed building elevations, including roof plan.

(11)

Floor plans to scale.

(12)

Sign plan showing materials, colors, and area.

(13)

Perspectives, model or other suitable graphic materials as required.

(14)

Exceptions. The following activities shall not be required to submit the above plan items, provided that sufficient information is provided for a determination to be made by the planning director regarding the compliance of the activity:

a.

The expansion and alteration of the exterior of buildings that exist on the effective date of the ordinance from which this chapter is derived.

b.

Erection of signs.

c.

All mobile or seasonal concession vehicles or stands located within the downtown area which effectively become permanent structures by remaining immobile at the same location for more than three hours in any 24-hour period.

(Code 2015, § 10.51(3))

Upon receipt of a completed application for a certificate of design compliance, the planning director shall forward the application to the planning commission if the estimated cost of the activity outlined in the application exceeds $100,000.00. For activities with an estimated cost in excess of $100,000.00, the planning commission shall review the activity to determine whether the proposed project meets the intent and requirements of this section. If the cost of the activity exceeds $500,000.00, the planning commission shall forward a recommendation to the city council regarding the activity's compliance with this section. For activities with an estimated cost of less than $100,000.00, the planning director shall be responsible for undertaking an expeditious and timely review to determine whether the proposed project meets the intent and requirements of this section. The planning director shall, after receipt of a completed application, make every reasonable effort to communicate with the applicant regarding the status of the application during the review process.

(Code 2015, § 10.51(4))

(a)

The city council, after receiving the recommendation of the planning commission, may issue a certificate of design compliance for any of the activities listed in section 10-896. The city council shall have the sole authority for issuing certificates for all new developments or significant redevelopments of property.

(b)

The planning commission may issue certificates of design compliance for any activity listed in section 10-896 for which the estimated cost is less than $500,000.00. The planning director may issue a certificate of design compliance for any activity listed in section 10-896 for which the estimated cost is less than $100,000.00. The planning director or planning commission may refer any application for a certificate of design compliance to the city council for review.

(c)

The city council, planning commission, and planning director shall issue a certificate of design compliance only if there is a formal finding that the activity complies with the provisions of this section. If more than 60 days have elapsed since the completed application was submitted to the planning director, and no formal finding has been given to the applicant as to whether the activity outlined in the application complies with this section, the application will be automatically approved and an application for a building permit may be submitted.

(d)

In the event the activity outlined in the application is found not to comply with the provisions of this section, the applicant shall be notified of the finding within ten days of the reviewing body's decision. The notification shall include the finding of the reviewing body and a recommendation as to how the activity could be altered to comply with the provisions of this section.

(Code 2015, § 10.51(5))

(a)

A design framework for the downtown design district is hereby established to serve as a basis for design review in the district. The primary goal of the design framework is to foster the sense of place within the downtown design district. To achieve this, the design framework presents specific objectives that will enhance the downtown design district's character, ensure harmonious new development, and strengthen the area's cohesiveness and attractiveness. The council finds that compliance with the objectives as set forth in this section will strengthen property values and protect the private and public investments made within the downtown design district.

(b)

The standards and guidelines set forth in this design framework are intended to encourage sensitive architectural rehabilitation and preservation of the older significant buildings as well as establish standards for new developments which emphasize harmonious and unifying architectural design that will tie the entire district together. To refine or enhance the most desirable characteristics of the downtown design district, the following urban design standards and guidelines shall apply:

(1)

Acceptable exterior building materials. Exterior building materials shall consist of traditional high quality materials, including:

a.

Brick and mortar.

b.

Cut limestone or other natural stone.

c.

Pre-cast concrete units and concrete blocks, provided the surfaces are molded, serrated examples or treated with a texture material in order to give the wall surface a three-dimensional character.

d.

Synthetic stucco and architectural panels.

e.

Glass.

f.

Weather-resistant metal accent or other metal determined to satisfy the intent of this section.

(2)

Colors. Colors are an important element of the overall design concept for the downtown area and should be complementary to the downtown design district's showcase building, the Mankato Civic Center and Arena, or other historic and significant buildings in the vicinity.

(3)

Building mass and height. Development proposals shall not degrade the appearance or function of other buildings in the area due to the new development's building mass or height.

(4)

Architectural features. Architectural features which create a sculptural or three-dimensional quality such as marquees, balconies, grill work, sculpted keystones, caryatids, detailed cornices, brackets, niches, and awnings are encouraged. Such ornamentation also furthers the urban design goal of adding scale and texture to the district. However, these features shall be in keeping with the overall architectural style of the building and the character of the downtown design district.

(5)

Landscaping and lighting.

a.

New developments in the downtown design district will incorporate open areas accessory to the main building. Courtyards and plazas are encouraged. As far as practical, open areas shall be landscaped with a combination of trees, shrubs, flowers and ground cover, with decorative wrought iron fencing. Surface parking lots containing over ten parking stalls shall incorporate landscaping which comprises ten percent of the parking lot area.

b.

Lighting standards along sidewalks or in open spaces and plazas shall be similar to lighting standards found along Hickory Street in the vicinity of the Mankato Civic Center and Arena. Lighting standards in parking lots and lots illuminated by building surface-mounted lights may use an alternative fixture with the approval of the planning director. Decorative standards are encouraged for parking lots but a shoe box type fixture or other fixture may be approved, provided it does not exceed 40 feet in height.

(6)

Visual connections and gateways. It is recognized in the Riverfront 2000 plan that several areas in the downtown design district serve as gateways to the downtown area. In addition, the public roadways in the downtown area serve as visual connections. These visual connections serve as visual access between structural elements in the downtown area (for example, South Riverfront Drive in the vicinity of the depot and civic center), and visual connections between the downtown core and adjoining land use districts or significant buildings located outside of the area (for example, Jackson Street, which serves as a visual connection between Mankato Place and the Old Main Building). Visual connections and gateways are important to the perception of the downtown areas and development proposals shall be reviewed on the basis of how the corridors and gateways will be impacted. New landscaping, building construction, or building alteration, shall be designed to not unduly block or compromise connections or gateways.

(7)

Signs. Signs shall conform to district standards as set forth in article X, division 7, of this chapter. Neon, wall signs consisting of individual letters, projecting sculptural or carved signs with wrought iron brackets, and decorative banners and flags are encouraged.

(8)

Downtown design area supplement. The planning agency shall develop and recommend to the council a downtown design area supplement that will serve as a guideline for the implementation of the design framework.

(Code 2015, § 10.51(6))

(a)

Because of the varying characteristics of the land uses allowed and adjacent uses, projects must be viewed in the context of existing and planned developments. The council may impose special design requirements upon a proposed use in order to mitigate undue negative impacts on surrounding uses.

(b)

When considering the aesthetics of a development proposal, it should be recognized that developments must maintain their economic viability if any improvements are to be made in the district.

(c)

Review of activities in the downtown design district should be mindful of the need and requirements for handicapped accessibility in its review of development proposals.

(d)

The forgoing urban design guidelines are in no way intended to create uniformity which would result in an uninteresting and contrived appearance. New developments and alterations to existing structures which add to the variety of compatible uses, harmonious visual images, and rich sensory experiences of the district are encouraged.

(Code 2015, § 10.51(7))

Buildings existing on the effective date of the ordinance from which this chapter is derived which are considered nonconforming under the design framework contained in section 10-900, may continue in their present appearance and design. Any such nonconforming structure which is damaged or destroyed by any means not within the control of the owner, may be repaired or restored to its preexisting condition, provided that if the structure is destroyed by more than 50 percent of its assessed market value before destruction or damage, the structure shall conform to the use, bulk, density, and height provisions of this article.

(Code 2015, § 10.51(8))

An application for a certificate of design compliance shall be reviewed by the council concurrent with the consideration of an application for a conditional use permit or variance addressing the same activity.

(Code 2015, § 10.51(9))

If any building or structure is erected, constructed, reconstructed, altered, repaired, or converted in a violation of this article, the city may institute any proper action or proceedings and shall have police power to prevent the occupancy of the building.

(Code 2015, § 10.51(10))

An applicant for a certificate of design compliance shall pay a nonrefundable filing fee, as provided in the city fee schedule, in connection with the submittal of the application. There shall be no filing fee for activities with an estimated cost of less than $100,000.00. A nonrefundable filing fee, as provided in the city fee schedule, shall be required for activities with an estimated cost between $100,000.00 and $500,000.00. A nonrefundable filing fee, as provided in the city fee schedule, shall be required for activities with an estimated cost of more than $500,000.00.

(Code 2015, § 10.51(11))

The regulations contained in this article shall be deemed to be in addition to zoning district standards contained in this Code and other applicable laws, ordinances, rules, and regulations. Where conflicts occur, the more restrictive regulations shall apply.

(Code 2015, § 10.51(12))