(a)

The intent of this article is to establish requirements for certain developments, building construction, and land use activities to be reviewed and approved with regard to their site design and architectural appearance. This chapter provides procedures and standards for review and approval of site, landscaping, and exterior architectural design plans. Site and design plan review is required to insure that developments and buildings comply with the provisions of this chapter and meet the community design and development policies established by the City in its comprehensive plan and this chapter.

(b)

The purpose of the site and design plan review process established in this article is to regulate site planning, landscaping, and the exterior architectural design of specified uses and structures in order to:

(1)

Enhance and preserve the aesthetic qualities as an attractive community with a rich historical background.

(2)

Protect and maintain the value of existing buildings and property.

(3)

Ensure architectural harmony between buildings and landscaping to promote and protect the aesthetic and historic qualities.

(4)

Minimize any adverse impacts of new development on existing uses through the provision of screening, buffering, landscaping and other techniques.

(5)

Preserve and enhance the natural resources in order to provide aesthetic and other public benefits, such as pollution abatement, erosion and runoff control, energy conservation, minimization of flood hazards, and continued maintenance of ecology systems.

(6)

Enhance economic opportunities by maintaining the City as an attractive community for prospective developers, businesses, and residents.

(Code 1997, § 40-1101; Ord. of 2-6-2012, § 1(40-1101))

The City Planning Commission is hereby delegated the function and duty to approve, approve with conditions, or deny applications for major design plan approval in accordance with this chapter. The Planning Commission shall review and comment on initial site and design plans and provide advice to applicants prior to submittal of applications for design plan approval. The Planning Commission also shall review and approve applications for site and design plan approval, in accordance with this chapter, during regular meetings.

(Code 1997, § 40-1102; Ord. of 2-6-2012, § 1(40-1102))

The following shall be exempt from the requirements to obtain site and design review and plan approval as specified in this article:

(1)

Excavation or land disturbance of 2,000 square feet in area or less, provided that best management practices are followed as required by the City's soil erosion, sedimentation and pollution control regulations.

(2)

Temporary ground or wall signs, unlighted, during the time when a space, unit, building, or land is for sale, rent, or lease, or under construction, not to exceed maximum size requirements of city sign regulations.

(3)

Repair or reconstruction of existing freestanding retaining walls, decorative walls, and fences, when repaired or replaced with materials that are the same or substantially similar to those originally constructed or approved via site and design plan review.

(4)

Fences and walls in the side or rear yard of a lot containing a detached, single-family residence.

(5)

The installation of landscaping on a lot containing a detached, single-family dwelling.

(6)

The repainting of an existing building or structure.

(7)

The installation or reconfiguration of driveways and the installation, pavement or resurfacing of walkways, ramps, and steps serving a detached, single-family residence.

(8)

Modifications to outdoor lighting fixtures involving the replacement of light fixtures, and which may involve an increase in the number of light fixtures at the same or lesser height, provided that the type of lighting and materials used for such light fixtures shall be of the same as or similar to those originally existing or previously approved via site and design review.

(9)

Repairs, remodeling, re-siding, and other changes to existing detached, single-family dwellings or their permitted accessory buildings, structures, and uses which do not increase the building square footage (area), property coverage (footprint), or the height of buildings or structures on the lot.

(10)

The establishment of a temporary use that is permitted in the zoning district in which the subject property is located.

(11)

Satellite dishes, provided they are not to be mounted on front building facades.

(12)

Dumpsters, when located in rear yards, subject to compliance with applicable screening requirements, and temporary roll-off debris containers for a period not exceeding 60 days.

(13)

Changes of material appearance to a detached, single-family dwelling similar in scope and impact to other exemptions enumerated in this section and which are exempted by the Zoning Administrator.

(14)

Any changes in material appearance not otherwise exempted by this section but which receive a written exemption from the Planning Commission or its Site and Design Review Committee. In issuing such an exemption, the committee may place conditions on its approval to exempt the material change in appearance from the requirements to file design plans as required by this article.

The Zoning Administrator is authorized to prepare administrative forms and to provide evidence, upon application and for a fee if authorized, that a proposed action is exempted from the requirement to obtain site and design approval as specified in this article.

(Code 1997, § 40-1103; Ord. of 2-6-2012, § 1(40-1103))

For any development, building, structure, or activity to which this article applies, approval of a site and design plan shall be required before a development permit, building permit or other permit, as appropriate, is issued or any improvement, grading, alteration of lands, or construction of buildings commences. The Planning Commission shall not authorize and shall not issue a development permit for the improvement, grading, or alteration of land until a site and design plan if required by this article has been approved as required by this article. The Planning Commission shall not authorize and the Building Inspector shall not issue a building or demolition permit or certificate of occupancy for a development, building, structure, or activity subject to the requirements of this article until a site and design plan, if required by this article, has been approved.

(Code 1997, § 40-1104; Ord. of 2-6-2012, § 1(40-1104))

(a)

Any building, structure, improvement, excavation, or other activity not specifically exempted from compliance with this article shall require the submission of an application and plans and other information to the Zoning Administrator as specified in this chapter.

(b)

All applications for site and design plan approval shall be made as required by the Zoning Administrator and shall at minimum contain the information required; provided, however, that the Zoning Administrator may waive any application submission requirement where, in his opinion, such information is irrelevant to the application at hand, is not needed to facilitate review by staff, or would be a disproportional burden on the applicant to supply the information given the nature of development or improvement proposed. This section shall not preclude the Planning Commission or its site and design review committee, as applicable, from requiring information waived by the Zoning Administrator if, in its judgment, such information is needed to facilitate review.

(Code 1997, § 40-1105; Ord. of 2-6-2012, § 1(40-1105))

Unless waived by the Zoning Administrator, the following items shall be submitted in order to have a complete application for site and design review:

(1)

Application fee, if required by resolution of the City Council.

(2)

Application form furnished by the Zoning Administrator, which at minimum shall describe the requested action.

(3)

Survey plat of the property showing all property lines with metes and bounds and dimensions.

(4)

Site plan of the property at an appropriate engineering scale showing buildings, parking, property lines, and other appropriate details.

(5)

Preliminary information about grading, drainage, and utilities.

(6)

Landscaping and tree protection plan, including required buffers and landscape strips.

(7)

Front, rear, and side building elevation drawings of buildings or photographs as appropriate.

(8)

Color and material samples for exterior facades of buildings proposed.

(Code 1997, § 40-1106; Ord. of 2-6-2012, § 1(40-1106))

(a)

Initial pre-application encouraged. Applicants with significant development proposals, such as construction of one or more new buildings, are strongly encouraged but not required to have a pre-application meeting with the Planning Commission to gain preliminary input and to ensure application completeness. The chairperson of the Planning Commission in consultation with the Zoning Administrator will determine for scheduling purposes whether the pre-application meeting will be scheduled before the Planning Commission. During the pre-application meeting, the Planning Commission members may ask questions of the applicant's intent and make suggestions with regard to site configuration, colors, building materials, landscaping, architectural design, and accessory structures, or other matters. Specific directions will be given to the applicant in preparing the application for site and design plan approval.

(b)

Finding of completeness. A finding of completeness by the Zoning Administrator is required to process an application for site and design plan approval. Notice shall be provided to any applicant who has not submitted a complete application, and the notice shall describe the deficiencies that need to be corrected or omitted materials that need to be submitted in order to complete the application.

(c)

Scheduling. As soon as practicable after the application has been determined complete, but not later than ten calendar days from the date the application was certified as complete, the Zoning Administrator shall schedule the application for initial review at the next meeting of the Planning Commission. The Planning Commission shall consider the complete application at its next regularly scheduled meeting if the Planning Commission's next regular meeting is scheduled within 14 calendar days from the date notice of a complete application is submitted by the Zoning Administrator.

(d)

Meeting notice and public comment. Public notice of the meeting shall not be required to be advertised; however, at least 24 hours' notice of the date, time, and place of the meeting at which the application will be heard shall be posted the same as routinely provided for special meetings of the City Council or Planning Commission. The applicant will be notified as soon as the meeting is scheduled to act on the application. At any meeting in which a site and design plan application is considered, the Planning Commission may hear from the applicant and may also invite or permit testimony or questions from the public, but a formal public hearing is not required.

(e)

Consideration. The Planning Commission shall take final action to approve, conditionally approve, or disapprove the application at the meeting the application is originally scheduled, unless the agenda item is continued at a later meeting at the request of the applicant, because of failure of the applicant to be represented, or upon mutual agreement between the Planning Commission and applicant.

(Code 1997, § 40-1107; Ord. of 2-6-2012, § 1(40-1107))

(a)

In addition to considering each site and design plan application's consistency with the purposes of this article, the Planning Commission, as the case may be, shall review applications and take action based on one or more of the following policies and standards:

(1)

Whether the design is in harmony with the general character of the neighborhood and surrounding area, considering factors such as mass, placement, height, changing land use patterns, and consistency of exterior architectural treatment.

(2)

Whether design components are planned in such a fashion that they are physically and aesthetically related and coordinated with other elements of the project and surrounding environment to ensure visual continuity of design.

(3)

Whether the resulting development and its design will protect adjacent properties from negative visual and functional impacts.

(4)

Whether the design respects historical continuity as an integral part of community life in the City and protects and preserves structures and spaces which provide a significant link with the past.

(5)

Consistency or inconsistency with design criteria specified for the zoning district in which the project is located. (See section 40-288, table 4.3 and section 40-467, table 4.6, for most zoning districts; also see division 16 of article II for the residential infill overlay district as applicable).

(6)

Whether the design meets the transportation needs of the community and supports multi-modal transportation access.

(b)

Specific grounds for disapproval, which shall not be considered limiting, may include character foreign to the area, arresting and spectacular effects, violent contrasts of material, a multiplicity or incongruity of details resulting in a restless and disturbing appearance, and the absence of unity and coherence in composition not in consonance with the density and character of the present structure or surrounding area.

(Code 1997, § 40-1108; Ord. of 2-6-2012, § 1(40-1108))

Site development, construction, erection of structures and signs, and landscaping shall be carried out in accordance with the plans, drawings, sketches, specifications, and other documents approved in the application for site and design plan approval, unless changes are proposed and approved in accordance with the requirements set forth in this article.

(Code 1997, § 40-1109; Ord. of 2-6-2012, § 1(40-1109))

(a)

If the application for site and design plan approval is denied, the applicant shall not be granted a development permit, building permit, or certificate of occupancy, as appropriate. The Planning Commission shall specify via the Zoning Administrator in writing to the applicant the reasons for denial. The Planning Commission may suggest alternative courses of action it thinks proper if it denies the application submitted. If he so desires, the applicant may make modifications to the plans and may resubmit the application at any time after doing so.

(b)

If an application is denied by the Planning Commission, or if the conditions of approval are considered by the applicant to be onerous or burdensome, the applicant for site and design plan approval shall have 15 calendar days to file a written appeal of the commission's decision to the City Council. The City Council shall make a decision within 30 calendar days from the date of the meeting the initial appeal was considered unless such time is extended with the approval of the appealing party. Decisions shall be made based on the record presented to the Planning Commission, not on the basis of new information.

(c)

All decisions of the City Council regarding appeals of decisions of the Planning Commission shall be final and shall in all instances be subject to judicial review in the manner prescribed by law. In reviewing a decision of the Planning Commission, the City Council may affirm the Planning Commission's decision, modify it, or remand the matter to the commission for further action. When a decision to approve is made by the City Council on appeal to approve a site and design plan application, the approval shall constitute final site and design plan approval for purposes of this article.

(Code 1997, § 40-1110; Ord. of 2-6-2012, § 1(40-1110))