The purpose of design review and site plan review is to recognize the interdependence of land values and aesthetics and to provide a method by which the city may implement this interdependence to its benefit. Design Review encourages development of private property in harmony with the desired character of the community and in conformance with the guidelines herein provided with due regard to the public and private interests involved. The Planning and Zoning Commission is empowered to grant or deny applications for conditional use permits for such conditional uses as are prescribed in the district regulations and to impose reasonable conditions upon the granting of conditional use permits subject to the right of appeal to the City Council.

Application for a design review or site plan review shall be filed with the City Recorder on a form prescribed by the Planning and Zoning Commission and shall include the following data and maps;

1. Name and address of the applicant;
2. Statement that the applicant is the owner or the authorized agent of the owner of the property on which the use is proposed to be located. This provision shall not apply to a proposed public utility right-of-way.
3. Address and legal description of the property;
4. Statement indicating the precise manner of compliance with each of the applicable provisions of this title, together with any other data pertinent to the findings prerequisite to the granting of a conditional use permit, prescribed in this chapter.
5. A list of all owners of property located within 300 feet of the exterior boundaries of the subject property; the list shall be keyed to a map showing the location of these properties;
6. Plot plans and elevations, fully dimensioned, indicating the type and location of all buildings and structures, parking and landscape areas and signs. Elevation plans shall be of sufficient detail to indicate the type and color of materials to be employed and methods of illumination for signs. Screening, landscape and irrigation plans shall be included in the plans;
7. The City may require additional information or plans, if they are necessary, to enable a determination as to whether a conditional use permit, should be granted or denied. The City may authorize omissions of any or all of the plans and drawings required by this section if they are not necessary.
   

For buildings and uses covered by Conditional Use Permits design review shall be incorporated within such Conditional Use Permit and need not be a separate application, provided the requirements of this Chapter are met.

The Milford City Planning and Zoning Commission shall consider the following matters, and others when applicable, in their review of applications:

1. Considerations relating to traffic safety and traffic congestion.
   1. The effect of the site development plan on traffic conditions on abutting streets.
   2. The layout of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exits, drives, and wall ways.
   3. The arrangement and adequacy of off‑street parking facilities.
   4. The circulation patterns within the boundaries of the development.
   5. The surfacing and lighting of off‑street parking facilities.
2. Consideration relating to outdoor advertising.
   1. The number, location, color, size, height, lighting, and landscaping of outdoor advertising signs and structures in relation to the creation of traffic hazards and the appearance and harmony with adjacent development.
3. Consideration relating to landscaping.
   1. The location, height, and materials of walls, fences, hedges, screen plantings to insure harmony with adjacent development, or to conceal storage areas, utility installations, or other unsightly development.
   2. The planting of ground cover or other surfacing to prevent dust and erosion.
   3. The unnecessary destruction of existing healthy trees.
4. Considerations relating to buildings and site layout.
   1. Consideration of the general silhouette and mass, including location on the site, elevation, and relation to natural plant coverage, all in relationship to the neighborhood.
   2. Consideration of exterior design in relation to adjoining structures in height, bulk, and area openings, breaks in facade facing on the street (or streets), line and pitch of roofs, and the arrangement of structures on the parcel.
      

The Milford City Planning and Zoning Commission shall decide all applications for design review. Design approval may include such conditions consistent with the consideration of this Chapter as the Milford City Planning and Zoning Commission or Milford City Zoning Administrator deem reasonable and necessary under the circumstances to carry out the intent of this Chapter. In the case of primary, single-family, mobile (unless within an approved Mobile Home Park), manufactured, or modular home structures the Planning and Zoning Commission shall impose conditions as follows:

1. The structure shall be on a permanent foundation;
2. The roof pitch of the structure shall be a minimum of 4/12;
3. The distance of the length of the structure shall be no more than twice the distance of the width of the structure;
4. All construction shall be in compliance with the uniform building code unless otherwise so designated;
5. The size of the principle structure shall be no less than 1,000 sq.ft.; and
6. The Planning and Zoning Commission shall give approval for the project.
   

The Commission may grant approval as the permit was applied for or in modified form, or the application may be denied. Approval may be granted for a limited time period, or may be granted subject to such conditions. as the commission may prescribe. Conditions may include, but shall not be limited to, payment of drainage fees, requiring special yards, open spaces, buffers, fences, and walls; requiring installation and maintenance of landscaping; requiring street dedications and improvements; regulations of points of vehicular ingress and egress; regulation of traffic circulation; regulations of signs; regulation of hours of operation and methods of operation, control of potential nuisances; prescribing standards for maintenance of buildings and grounds; prescription of development schedule and development standards; and such other conditions as the commission deems necessary to insure compatibility of the use with surrounding developments and uses and to preserve the public health, safety and welfare.

The Planning and Zoning Commission shall make the following findings before granting approval:

1. That the proposed location of the use is in accord with the objectives of this title and the purpose of the district in which the site is located;
2. That the proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity;
3. That the proposed use will comply with each of the applicable provisions of this title, except for approved conditional use permits, variances or adjustments;
4. That the proposed use complies with the goals, objectives, and policies of the city's general plan.
   

The decision of the Planning and Zoning Commission shall be final within 10 days from the date of the decision unless an appeal has been filed with the City Council.

A decision of the Planning and Zoning Commission may be appealed to the Board of Adjustment.

A design review or site plan review approval shall lapse and shall become void one year following the date on which the use permit became effective, unless prior to the expiration of one year, a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the application, or a certificate of occupancy is required. For approvals where construction may take longer than one year, the approval shall be automatically extended in 12 month increments provided valid building permits are in effect. If construction has ceased for a period of more than 12 months and no valid building permits are in effect, the approval shall be considered expired. Prior to the expiration of the permit, the applicant may request a 12 month time extension by filing with the Planning and Zoning Commission.

All provisions of this chapter shall apply to an application for modification, expansion, or other change in a design review or site plan review approval; provided, that minor revisions or modifications may be approved by the Planning and Zoning Commission if determined that the changes would not affect any previous findings and the application for revision or modification is filed within one year from the date the original approval becomes final, does not change the use designated in the original conditional use permit, does not increase, reduce or alter the size or shape of the premises to which the original approval pertained, and does not extend the time in which the actual establishment or the approval or the commencement of construction under the approval shall take place.

Upon violation of any applicable provision of this title, or, if granted subject to conditions, upon failure to comply with conditions, a design review or site plan review approval shall be suspended automatically.

A design review or site plan review granted pursuant to the provisions of this chapter shall continue to be valid upon a change of ownership of the site or structure which was the subject of the application.