Plymouth City Zoning Code
CHAPTER 19
18 DESIGN REVIEW AND ZONING CLEARANCE
§ 19.18.010 Purpose.
The purpose of this chapter is to establish a Major and Minor Design Review and Zoning Clearance process for certain types of residential, commercial, industrial, and institutional development proposals to facilitate project review in a timely and efficient manner; to ensure that development projects comply with all applicable local design guidelines, standards, and ordinances; to minimize adverse effects on surrounding properties and the environment; and to be consistent with the General Plan, which promotes high aesthetic and functional standards to complement and add to the physical, economic, and social character of the City of Plymouth.
(Ord. 2014-01 § 1; Ord. 2016-05 § 1; Ord. 2019-02 § 3)
§ 19.18.020 Applicability.
A.
Major Design Review. Major Design Review is required for changes to properties that meet the criteria in Section 19.18.040 (Major Design Review).
B.
Minor Design Review. Minor Design Review is required for changes to properties that are considered "aesthetically insignificant" and meet the criteria of Section 19.18.050 (Minor Design Review).
C.
Zoning Clearance. The purpose of using Zoning Clearance is to provide a timely review process for projects that comply with design and development regulations, do not qualify for Major or Minor Design Review, and are not detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the immediate vicinity.
(Ord. 2014-01 § 1; Ord. 2016-05 § 1; Ord. 2019-02 § 3)
§ 19.18.030 Exemptions.
A.
The development of a single-family dwelling unit in a Single-Family Residential zone is exempted from this chapter. Single-family dwelling units located in the Downtown Historic and Scenic Corridor zoning districts are not exempted from this chapter.
B.
Repairs of commercial, industrial, and institutional projects using like-for-like materials as what is existing shall be exempted from any Major or Minor Design Review process. Repairs does not include façade changes.
(Ord. 2014-01 § 1; Ord. 2016-05 § 1; Ord. 2019-02 § 3)
§ 19.18.040 Major Design Review.
A.
Purpose. The purpose of a Major Design Review is to promote high-quality design and ensure that development projects do not result in adverse effects on surrounding properties and the environment. The Major Design Review is to ensure that new developments complement and add to the physical, economic, and social character of Plymouth.
B.
Applicability. Major Design Review is required for commercial, industrial, institutional, and residential projects that meet any of the following qualifications (except if the Minor Design Review or Zoning Clearance process applies):
1.
Any commercial or multifamily development involving more than 5,000 square feet of floor area, which is not exempt under Section 19.18.030.
2.
Façade remodels for commercial, industrial, institutional, or residential development that affect more than 75% of the linear feet of the building front façade and involve multiple aspects of the building (e.g., windows, siding, and doors).
C.
Submittal Requirements. All applications for Major Design Review shall be submitted on the required City form, along with the adopted fee and all application submittal requirements listed on the current permit application form.
D.
Review Process.
1.
The Planning Commission, in accordance with provisions of this title, may approve, conditionally approve, or deny an application for architectural and site plan review, and in granting approval may impose such requirements and conditions with respect to compliance with and conformity to adopted design review guidelines, site layout, location of open space, building design, building siting, compatibility with surrounding land and development, and other associated items as determined by the Planning Commission.
2.
Public hearing is required for Major Design Review. Public hearing and notice shall be provided consistent with the provisions of Section 19.04.150 (Public Hearings).
3.
Upon the decision to approve, conditionally approve, or deny an application, the Planning Director, or designee, shall have prepared a notification of decision, one copy of which shall be forwarded to the applicant, one copy of which shall be retained in the files of the Planning Department, and one copy of which shall be forwarded to the Building Official. In addition, a copy shall be forwarded to any other department or agency the Planning Director considers affected by the decision.
E.
Findings. In order to grant approval of a Major Design Review, the Planning Commission must make all of the following findings:
1.
The architectural and general appearance of the structures and grounds shall have architectural unity and be in keeping with the character of the neighborhood so as to not be detrimental to the orderly and harmonious development of the City, or to the desirability of investment or occupation in the neighborhood.
2.
The site plan is consistent with this title, any applicable specific plan, any adopted development standards and design guidelines, and the General Plan.
3.
The proposed project, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.
F.
Conditions. In approving a Major Design Review, the Planning Commission may impose any reasonable conditions to ensure that the approval will comply with the findings required, as well as any performance criteria and development standards contained within this Code.
(Ord. 2014-01 § 1; Ord. 2016-05 § 1; Ord. 2019-02 § 3)
§ 19.18.050 Minor Design Review.
A.
Purpose. The purpose of a Minor Design Review is to provide for the administrative review of projects which, because of their limited size and scope, have minor aesthetic, land use, or traffic implications and do not create any significant impact on public utilities or services, and to ensure that such limited projects comply with all applicable City standards and ordinances, and are not detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the immediate vicinity.
B.
Applicability. Minor Design Review is required for minor changes and new construction as specified within this section:
1.
Residential Projects. The following residential projects require a Minor Design Review:
a.
Exterior material or color changes which conflict with the original form and theme and which are not consistent and compatible with the original materials and colors.
b.
Construction of any building or accessory building within the Downtown Historic Overlay District or the Scenic Corridor Overlay District that requires a Building Permit.
2.
Commercial, Industrial, and Institutional Projects. The following commercial, industrial, and institutional projects require Minor Design Review:
a.
Construction of any building or accessory building within the Downtown Historic Overlay District, or the Scenic Corridor Overlay District that requires a Building Permit.
b.
Modification to previously approved architectural designs and building configurations that were approved with a Minor Design Review or a Major Design Review process.
c.
Façade remodels for commercial, industrial, or institutional development that affect more than one-half but less that 75% of the linear feet of the building front façade and involve multiple aspects of the building (e.g., windows, siding, and doors).
d.
Any development involving the construction or exterior remodeling of one or more commercial, industrial, or institutional buildings with an aggregated floor area of more than 3,000 square feet.
e.
Changes to gross floor area of existing buildings which result in a 10% change or more.
f.
Modification to existing landscaping or landscape plans where the land area is 5,000 square feet or more.
C.
Submittal Requirements. All applications for architectural and site plan review shall be submitted on the required City form, along with the adopted fee and all application submittal requirements listed on the current permit application form.
D.
Review Process.
1.
Upon issuing a letter of completeness, the Planning Department shall post notifications of a pending application at both the parcel receiving the entitlement and at City Hall in a location accessible by the public. The notification should, at a minimum, include City contact information and notify the public that they may contact the Planning Department with comments or concerns within 10 days.
2.
The Planning Director, in accordance with provisions of this title may approve, conditionally approve, or deny an application for Minor Design Review, and in granting approval may impose such requirements and conditions with respect to compliance with and conformity to adopted design review guidelines, site layout, location or open space, building design, building siting, compatibility with surrounding land and development, and other associated items.
3.
Upon the decision to approve, conditionally approve, or deny an application, the Planning Director, or designee, shall have prepared a notification of decision, one copy of which shall be forwarded to the applicant and to departments or agencies the Planning Director considers affected by the decision. A copy of the approval letter shall be posted by the Planning Department on the parcel receiving the entitlement in a location to be accessible and viewable by the public for 10 days. A copy of the approved plans will be kept on file at City Hall for public use during the 10 day appeal period for public comment.
(Ord. 2014-01 § 1; Ord. 2016-05 § 1; Ord. 2019-02 § 3)
§ 19.18.060 Zoning Clearance.
A.
Purpose. The purpose of using Zoning Clearance is to provide a timely review process for projects that comply with design and development regulations, and are not detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the immediate vicinity.
B.
Applicability. Zoning Clearance is required for commercial, industrial, institutional, and residential projects that meet any of the following qualifications:
1.
Buildings smaller than 3,000 square feet that do not otherwise trigger a Major or Minor Design Review shall require Zoning Clearance.
2.
All projects within the Downtown Historic Overlay District, or the Scenic Corridor Overlay District that require a Building Permit.
3.
Modification to exterior elements that are regulated by specific design guidelines (e.g., downtown, scenic guidelines, planned development, Development Agreement) but do not require a Building Permit like awnings, patios, fencing, painting, windows, signs, parking lots, and driveways.
4.
Changes to gross floor area of approved design plans (where no building yet exists) which result in a 10% change or more.
5.
New construction or modification to driveways.
6.
The construction and/or placement of silos, antennas, water tanks, roof- or ground-mounted equipment visible from public view, or similar structures and equipment.
7.
In the Downtown Historic Overlay area and the Scenic Corridor, replacement of one aspect of a façade or energy upgrades (e.g., windows). Projects that apply for multiple Zoning Clearances within six months may be elevated to a Major or Minor Design Review.
8.
Exterior painting in the Downtown Historic Overlay area and the Scenic Corridor.
C.
Submittal Requirements. All applications for architectural and site plan review shall be submitted on the required City form, along with the adopted fee and all application submittal requirements listed on the current permit application form.
D.
Review Process.
1.
The Planning Director, in accordance with provisions of this title, may approve, deny, or elevate the application for a Zoning Clearance to a Minor Design Review application and review the application in accordance with Section 19.18.050. The Planning Director may only elevate projects that qualify for a Zoning Clearance. Projects that qualify are located in the Downtown Historic Overlay District, the Scenic Corridor Overlay District, have a Planned Development Overlay, have a Development Agreement, have historic value, have had multiple Zoning Clearances issued within six months or could have substantial impacts to public health.
2.
Upon the decision to approve or deny an application, the Planning Director, or designee, shall sign the Building Permit or issue a Zoning Clearance letter approving the project, with or without necessary conditions, and shall notify Planning Commission members of the decision.
3.
Zoning Clearance review decisions may be appealed to the Planning Commission within 30 days of their determination.
(Ord. 2019-02 § 3)