BUILDING DESIGN REVIEW
(A) Purpose.
(1) The purpose of the design review provisions of this chapter is to ensure that development within the city complies with standards and limitations set forth within the applicable zoning regulations, other city standards and requirements, and with applicable county, state and federal regulations. It is also the intent of these provisions that some level of review be exercised regarding the aesthetics of developments for the goal of maintaining the desirable character and living quality of the community or of specific areas within the community. The overall community character and living quality is defined by the following: keeping buildings in scale; honoring the beauty and ecology of the city’s natural setting; and recognizing that historical and natural features are an integral part of the community’s overall character.
(2) This broad purpose is furthered by the following specific purposes of design review:
(a) To implement the goals and policies of the Comprehensive Plan.
(b) To foster development that is designed, arranged and constructed in a manner that provides a safe, efficient and aesthetically pleasing community asset.
(c) To encourage originality and creativity in site design, architecture and landscape design.
(d) To ensure required public and site improvements and ensure that the arrangement of all functions, uses and improvements of a development reflect the natural amenities, capabilities and limitations of its site and adjacent areas.
(e) To encourage development where the various structures, use areas and site elements are integrated in a manner that is visually harmonious within the development and the surrounding area.
(f) To encourage development and landscape design that complements the natural landscape and setting, improves the general appearance of the community and enhances specific elements of the manmade environment, both presently and historically.
(B) Applicability. The following uses and developments shall be subject to the provisions of this section:
(1) All new development and changes of use. A building permit shall not be issued prior to approval by the city. Site clearance activities such as grading, excavation or filling shall not be permitted unless specifically allowed by the city prior to approval.
(C) Exemptions. The following are exempt from the site and building design review process:
(1) Single-family and two-family/duplex dwellings and their accessory structures.
(2) Outright uses existing on or before the effective date of the ordinance codified in this chapter.
(3) Exterior remodeling and/or expansion of a use up to and not exceeding 25% of the total square footage (including upper floors) of all structures on a specific lot or parcel under unit ownership; however, it shall meet the site design evaluation criteria in subsection (G)(2) of this section.
(4) Changes of uses that occupy an existing building or site that is either similar to the previous use or of equal or lesser impact to the site with regard to water, sewer and traffic as determined by the Planning Director and City Engineer. A change of use application may be required to make this determination (converting a residence to a commercial use is always considered a greater impact). Conditional use procedures still apply for those applications that require it. As a conditional use, improvements may be required that are exempted in this section.
(5) Painting, replacement of roofing and siding, and other normal maintenance and upkeep requirements which are not subject to regulation under the provisions of this chapter or any other applicable city, county, state and/or federal regulations.
(6) Activities that are determined to comply with § 153.120, Exception - Minor repair/rehabilitation).
(D) Improvements required. Uses requiring a design review application shall be subject to public improvements and/or site improvements. Improvement requirements and standards are found in § 153.194 and the City’s Standards and Specifications. Public improvements and site improvements include but are not limited to the following:
(1) Streets. Right-of-way dedication, street extensions, sidewalks, access management. Double frontage lots may require improvements on both frontages.
(2) Utilities. Connection to municipal water and sewer and other utilities as necessary.
(3) Landscaping. Per standards set forth in § 153.087.
(4) Paved parking including access and maneuvering areas as set forth in §§ 153.085 and 153.086.
(5) Storm water drainage. Per the City’s Standards and Specifications.
(E) Design review authority. The authority for design review is set forth as follows:
(1) For those uses subject to design review and classified as outright or Type I conditional uses, the City Planning Official and/or the City Manager, and the City Superintendents of Streets and Public Works, the City Fire Chief and the City Police Chief shall be responsible for the design review thereof. As deemed necessary, the County’s Environmental Health Officer, as well as other agency and/or organizational representatives, may be requested to participate in the design review of specific use and/or development proposals. Any outright or Type I conditional use may be referred to the City Planning Commission based on neighbor concerns, or potential significant impact on the community as determined by the Planning Director in accordance with § 153.250.030 (permit processing).
(2) The City Planning Commission shall be responsible for the design review of all uses classified as Type II conditional uses as well as any outright use or Type I conditional use that is referred to the City Planning Commission by the Planning Director.
(F) Design review procedure. The following procedure shall be used in reviewing site and building design plans:
(1) Pre-application conference. Prior to applying for design review plan approval, applicants are encouraged to meet with the City Planning Official, City Engineer, and Superintendents of Streets and Public Works, or designees thereof, and present a preliminary plan which shall contain, in an approximate manner, the information required on a design review plan application.
(a) The purpose of the preliminary site plan review is to enable the applicant to obtain advice from the city as to the intent, standards, criteria and provisions of this section, this chapter, other city ordinances, standards and regulations, and state and federal rules and regulations which may be pertinent to the proposal.
(b) Information presented for preliminary discussion shall be considered confidential if so requested by the applicant.
(2) Consolidation of land use actions. Where a proposed use or development requires a variance, conditional use, partitioning, subdivision or other action which requires site plan or Planning Commission approval, the design review and applicable land use action by the respective reviewing authority may be combined into a single process.
(3) Application. A property owner or authorized representative thereof may initiate a request for design review plan approval by filing an application with the city using forms prescribed by the city together with the required filing fee. In addition to the application form, the applicant shall submit the following information:
(a) Requirements for information submitted. Information provided on the design review plan shall conform to the following:
1. Drawings depicting the proposal shall be presented on sheets not larger than 24 inches by 36 inches in the number of copies directed by the city, but in no case less than five.
2. To facilitate public reviews and notice, at least one copy of the proposal shall be provided on a sheet of paper not larger than 11 inches by 17 inches.
3. Drawings shall be at a scale sufficiently large enough to enable all features of the design to be clearly discerned.
4. The city may require that a digital copy of the drawing, development plan or other information be provided to the city in a format adaptable to the city’s computer systems.
(b) Site analysis diagram. If required by the reviewing authority, this element of the design review plan, which may be in schematic or free hand form to scale, shall indicate the following site characteristics:
1. Location and species of existing trees greater than six inches in diameter when measured four feet above the natural grade, and an indication of which trees are proposed to be removed.
2. On sites that contain steep slopes, potential geological hazards or unique natural features that may affect the proposed development, the city may require contours mapped at five-foot intervals.
3. Natural drainage ways, depths of any ground water tables less than 12 feet, any areas of surface water accumulations and any other significant natural features.
4. All buildings, roads, retaining walls, curb cuts and other manmade features, both existing and proposed.
5. Natural features, including trees, riparian habitat and stream channels and structures on site or on adjoining properties that have or may have a visual impact or other significant relationship with the site and the proposed development thereon.
(c) Site photographs. Photographs depicting the site and its relationship to adjoining sites and the general area may be required if deemed necessary by the reviewing authority.
(d) Site development plan. This element of the design review plan shall indicate the following:
1. Legal description of the property.
2. Boundary dimensions and site area.
3. Location of all existing and proposed structures, including distances from the property lines.
4. Area and percent of the site to be covered by structures, existing and proposed.
5. All external dimensions of existing and proposed buildings and structures.
6. Location of building entrances and exits.
7. Parking and circulation areas, including their dimensions.
8. Service areas, for such uses as the loading and delivery of goods.
9. Locations, descriptions and dimensions of any easements.
10. Grading and plans, including spot elevations and contours at five-foot intervals.
11. Location of areas to be landscaped, including existing trees and natural landscaping to be retained.
12. Outdoor recreation and/or play areas.
13. Pedestrian and bicycle circulation and amenities.
14. Location of mechanical equipment not enclosed within a building, garbage disposal areas, utility appurtenances and similar structures.
15. Exterior lighting.
16. Location, size and method of illumination of signs.
17. Provisions for ADA compliance.
18. Other site elements which will assist in the evaluation of site development.
19. Location, names, surface and right-of-way widths and improvement standards of all existing and proposed streets within or adjacent to the proposed development.
(e) Accompanying written summary. In addition to the foregoing site development plan requirements, a written summary of the proposal shall be required showing the following (unless such is shown on the site development plan):
1. Commercial and nonresidential development.
a. The square footage contained in the site area to be developed.
b. The percentage of the area to be covered by structures when developed.
c. The percentage of the area to be covered by parking areas and the total number of parking spaces.
d. The total square footage of all landscaped areas, including the percentage consisting of natural materials and the percentage of hard surfaced areas such as courtyards.
2. Residential development.
a. The total square footage of the lot or parcel.
b. The total square footage of all structures in the development.
c. The number of dwelling units in the development.
d. Percentage of lot coverage by structures, parking/driveway areas, recreation areas and landscaping.
(f) Landscape plan. A landscape plan shall be submitted and shall indicate the following:
1. The size, species and locations of plant materials to be retained or placed on site.
2. The layout of irrigation facilities.
3. Location and design details of walkways, plazas, courtyards and similar areas.
4. Location, type and intensity of outdoor lighting.
5. Location and design details of proposed fencing, retaining walls and trash collection areas.
(g) Architectural drawings. This element of the design review plan, if required by the reviewing authority, shall indicate the following:
1. A plan specifying the building footprint and dimensions, including all points of access. Floor plans of interior spaces to the extent required to clarify access functions and the relationship of the spaces to decks, porches, balconies and stairs or other features shown on the building elevations. The floor plans shall be provided for all building floors and shall include appropriate dimensions.
2. Exterior elevations showing building heights, windows, doors, exterior light fixtures, stairways, balconies, decks and other architectural details. These elevations shall be provided for every exterior wall surface, including those which are completely or partially concealed from view by overlapping portions of the structure. Existing and finished grades at the center of all walls shall be shown with elevations of floors indicated and a dimension showing compliance with height limitations.
3. For any building proposed in any of the airport zones (AA, AO, AD, AC, AM and AR), exterior elevations shall include a description of the color and texture of finish materials and shall specifically identify any proposed reflective materials. Samples of the materials and color ranges of siding, roofing and trim may be required if deemed necessary by the Planning Director in order to review any potential safety hazards related to the airport operations. Any use within any airport zone shall be subject to review and approval of the Federal Aviation Administration (FAA).
4. Location and type of exterior light fixtures, including the lamp types and the levels of illumination that they provide.
5. Location, size and method of illumination of all exterior signs.
(h) Property survey. A survey of the property by a licensed land surveyor shall be required and shall clearly delineate property boundaries and show the location of the corners of proposed buildings and other significant features proposed for the site. The requirement for a survey of the exterior boundaries of a site may be waived where it is found that there is a recent survey that can be used to clearly establish the applicant’s property boundaries.
(4) Complete application. Upon receipt of an application for design review, the city shall review the application to ensure that it is complete. If the application is found to be incomplete, the applicant shall be provided with a description of the items required to complete it. The city shall not begin processing the application until found to be complete.
(5) Investigation and reports. As applicable, the City Planning Official, or a designee thereof, shall prepare a report to the applicable review authority on the conformance of the application with the pertinent zoning requirements. The report shall be available to the applicant at no cost and to the public, at a reasonable cost, seven days prior to the date set for the public hearing or review authority review.
(G) Design review criteria. To ensure that the stated purposes of the design review process are met the reviewing authority shall be governed by the following criteria as it evaluates and renders a decision on a proposal:
(1) Statement of intent.
(a) The design review criteria are intended to provide a frame of reference for the applicant in the development of a site, building and landscape plans, as well as providing the city with a means of reviewing proposed plans.
(b) These criteria are not intended to be inflexible requirements, nor are they intended to discourage creativity. The specification of one or more architectural styles is not intended by these criteria.
(c) The reviewing authority is not authorized as a part of the design review process to approve projects which exceed specific development standards set forth by the applicable zone unless the exceptions are approved in accordance with specific variance or other provisions set forth in this chapter.
(2) Site design evaluation criteria. A development shall make the most effective use possible of the site topography, existing landscaping and building placement so as to preserve existing trees and natural features, preserve vistas and other views from public ways, minimize visibility of parking, loading and storage areas from public ways and neighboring residential uses and to minimize intrusion into the character of existing developments and land uses in the immediate area. The following are additional criteria that shall be used in evaluating site development plans:
(a) The arrangement of all functions, uses and improvements has been designed so as to reflect and harmonize with the natural characteristics and limitations of the site and adjacent sites.
(b) In terms of setback from streets or sidewalks, the design creates a visually interesting and compatible relationship between the proposed structures and/or adjacent structures.
(c) The design incorporates existing features, such as streams, rocks, slopes, vegetation and the like (for example, making use of a small stream rather than placing it in a culvert).
(d) Where appropriate, the design relates or integrates the proposed landscaping/open space to the adjoining landscape/open space in order to create a pedestrian/bike pathway and/or open system that connects several properties or uses.
(e) The arrangement of the improvements on the site does not unreasonably degrade the scenic values of the community and the surrounding area in particular.
(f) Where appropriate, the design includes a parking and circulation system that encourages pedestrian and bicycle traffic.
(g) The design shall screen all storage, mechanical equipment, utilities and/or waste collection facilities from view, both from within and from outside the site.
(h) Any proposed building with a footprint over 40,000 square feet located in a commercial zone or a building with over 40,000 square feet of retail area in an industrial zone shall comply with the special requirements as specified in § 153.021.
(3) Landscape design evaluation criteria. The following criteria shall be used in evaluating landscape plans:
(a) The overall design substantially complements the natural environment of the city and the character of the site and the surrounding area.
(b) The design acknowledges the growing conditions for this climatic zone, and the unique requirements that its specific site location makes upon plant selection.
(c) Provision has been made for the survival and continuous maintenance of the landscape and its vegetation.
(d) The design contributes to the stabilization of slopes and the protection of other natural features and resources where applicable.
(e) The design delineates and separates use areas, where it is desirable to do so.
(H) Revision of plans. Construction documents (plans, drawings and specifications, etc.) shall conform to all aspects of the approved design review plan. Where circumstances, unknown or unforeseen at the time the plans are approved, make it undesirable or unfeasible to comply with some particular aspect of the approved plan, the applicant shall request in writing that the city review proposed modifications. The reviewing authority that originally approved the plans shall review the proposed modifications to determine whether they constitute a major or minor revision of the approved plans.
(1) Major modifications.
(a) Major modifications are those which result in a significant change in the initial plans. The following are examples of major modifications: changes in the siting of a building; modification of areas to be landscaped; and modifications to a plan element that was the subject of a design reviewing authority condition of approval.
(b) If the reviewing authority determines that the proposed change is a major modification, the proposed alteration shall be reviewed and processed in the same manner as the original application and as a new application.
(c) The fee shall be in accordance with the city’s fee schedule.
(2) Minor modifications.
(a) Minor modifications are those which result in an insignificant change in the initial plans. Examples are: limited dimensional or locational changes to building elements such as windows or doors; changes in building materials where only a limited area is affected; and substitution of landscape materials which does not affect the overall landscape design.
(b) If the city determines that the proposed change is a minor modification, the reviewing authority may proceed with the review of the plans; however, if the reviewing authority is different than the original reviewing authority, the original reviewing authority shall be notified of the proposed change and given an opportunity to comment relative thereto prior to final approval of such change.
(c) The fee shall be in accordance with minor modifications on the city’s fee schedule.
(I) Development in accordance with permit approval. Development, including any site grading or landscape removal activities, shall not commence until:
(1) The applicant has received all of the appropriate land use and development approvals (i.e., site development review approval), grading permits and building permits.
(2) The applicant has entered into an improvement agreement with the city (e.g., for phased developments and developments with required off-site public improvements), and required bonding or other assurances of site improvements have been submitted to the city.
(J) Phased development. Phasing of development plans may be requested at the time of application for site and building design review, subject to the following standards and procedures:
(1) Any phased development shall be reviewed by the Planning Commission.
(2) A proposed phasing plan shall be submitted with the site and building design review application. The Planning Commission may approve a time schedule for developing a site in phases, but in no case shall the total time for all phases be greater than five years without obtaining additional Planning Commission approval. In no case may the total time for all phases be greater than ten years without submitting a new application. The first phase of the project shall begin no later than 12 months from the date of city approval for site and building design review.
(3) Approval of a phased site development proposal requires satisfaction of the following criteria:
(a) The public facilities required to serve each phase are constructed in conjunction with or before each phase, or bonded at the discretion of the City Engineer.
(b) The phased development shall not result in requiring the city or other property owners to construct public facilities that are necessary to support the development proposal.
(c) An application for phasing may be approved after site and building design review approval as a modification to the approved plan, in accordance with § 153.259.030.
(d) Requests for phasing periods longer than five years shall include supportable analysis showing why such an extension is warranted.
(K) Bonding, assurances and occupancy. The city may require a bond or other assurance of required improvements pursuant to § 153.197. These improvements shall include all required public and private site improvements including required off-site improvements. An occupancy permit shall not be issued unless improvements are completed pursuant to § 153.198. Exceptions to occupancy may only be granted for circumstances necessitating delay of paving or landscape installation. If such an exception is granted, a bond or other assurance of improvement pursuant to § 153.197 shall apply.
(Ord. 1180, passed 6-14-11; Am. Ord. 1208, passed 12-9-14)
(A) Purpose. Improving the function and appearance of the community’s commercial areas is an important goal of the Prineville Comprehensive Plan. Programs, policies, and implementation strategies outlined in the Plan focus on the ways and means to improve the built environment in the key commercial areas like the downtown core, highway commercial areas and other commercial nodes throughout the city. Large buildings, defined in this section as those with footprints over 40,000 square feet, particularly have the potential to affect the character of the community. Specific goals of applying special design requirements to development of large buildings in commercial zones include the following:
(1) Implement development patterns that promote quality design, support economic development, and promote the plan of the City Council and its Comprehensive Plan policies in an efficient and effective manner.
(2) Encourage originality and creativity in site layout, architecture and landscape design.
(3) Encourage development that complements the surrounding natural and built environment, enhances the pedestrian environment, and improves the general appearance of the community.
(4) Encourage efficient use of land resources, mixed uses and human-scaled design while protecting public health, safety, and general welfare of the community.
(B) Applicability. Any development of a building with a footprint of over 40,000 square feet which is located in one of the city’s commercial zones or a building with over 40,000 square feet of retail sales area in one of the city’s industrial zones shall be processed as a Type II conditional use and shall be subject to conditional use criteria as well as the following special design requirements:
(1) A building or buildings with abutting walls constructed at one time that cover multiple lots shall be considered a single building for the purposes of this section.
(2) Separate buildings with abutting walls constructed independently of one another at different times shall not be considered a single building as long as each building is under separate ownership, each is on its own lot and there are no internal access points between buildings.
(3) Any proposed addition to a building which is already in excess of 40,000 square feet or would become so with the addition shall be subject to these standards if it is visible from a public street. Any such addition which is visible from a public street and represents 25% or more of the original square footage of the building shall require the entire building to be improved to these standards.
(4) In the case where an addition is proposed to a building that has an abutting wall with a building on another legal lot under separate ownership, the building shall be treated as a stand-alone building for the purposes of applying design review standards.
(5) If it appears that an applicant is trying to avoid the design review criteria in this section by constructing abutting buildings under separate applications, the Planning Commission may review the proposals and determine whether the proposed buildings should be treated as separate developments or as a single development in applying the standards of this section.
(C) Exceptions. Buildings that are listed in the Inventory of Historic Sites within the Prineville Comprehensive Plan, or buildings designated on the Historic National Landmarks register are exempt from these special design requirements. Buildings located within the Crook County Fairground site shall also be exempt from these special design requirements. The Planning Commission may waive any specific requirement of this section based on the finding that a proposal meets the intent of the criteria.
(D) Special design requirements for buildings with a footprint of over 40,000 square feet.
(1) In regard to any wall visible from a public street, buildings shall incorporate a minimum of five types of architectural features from the list below or other features as approved by the reviewing authority. Such architectural features shall be incorporated, at a minimum, along 80% of the horizontal facade.
(a) Recesses.
(b) Projections.
(c) Columns.
(d) Bands.
(e) Wall insets.
(f) Balconies.
(g) Arcades.
(h) Awnings.
(i) Building projection.
(j) Window display areas.
(k) Landscape structures or planter boxes.
(l) Decorative light fixtures.
(2) In the C-2 and C-5 Zones, any exterior wall with a public entrance shall be designed with windows totaling a minimum 10% of the first floor wall area, unless restricted by the current Building or Energy Code. In the C-1, C-3 and C-5 Zones, any exterior wall facing a public street shall be designed with windows totaling a minimum of 35% of the first floor wall area. In the case of a single story building, the first floor shall be considered the wall area below the lowest point of the roof line or the area below 16 feet in height, whichever is less.
(3) Buildings shall incorporate clearly defined, highly visible customer entrances using features such as bay and transom windows, canopies, porticos, arcades, arches, wing walls, integral planters, and patio/seating areas.
(4) Buildings with exterior walls and/or roof lines greater than 35 feet in horizontal length shall be constructed utilizing a combination of architectural features and variety of building materials to break up the vertical and/or horizontal span(s). See subsection (D)(1) of this section for a list of architectural features.
(5) Architectural methods shall be used to conceal flat rooftops; however, a maximum of 30% of the building elevations visible from the adjacent right-of-way may include flat roof components.
(6) Building materials such as smooth-faced concrete block, undecorated tilt-up concrete panels, or pre-fabricated steel panels may only be used as accents and not dominate the building exterior of the structure unless the mass of the building is broken up into various facades with varied articulation. Metal roofs may be allowed only if compatible with the overall architectural design of the building or hidden by parapets.
(7) Fluorescent, neon, metallic and excessively bright or other high intensity paint colors shall be prohibited on any building subject to this section. Any proposed wall mural not included as approved signage is subject to review and approval by the Prineville City Council.
(8) The following landscape requirements shall be installed in accordance with the landscaping requirements set forth in § 153.087:
(a) A minimum of 15% of the total area shall be landscaped. Such landscaping shall consist of a mix of trees, shrubs and/or ground cover plants distributed throughout. At a minimum, one tree per ten parking spaces total shall be planted within the parking areas. All landscaped areas for trees shall have minimum dimensions of four feet by four feet to ensure adequate soil, water, and space for healthy tree growth.
(b) A minimum ten-foot landscaped buffer strip, not including right-of-way, shall be required along any adjacent right-of-way or adjacent residentially zoned property. The C-1 Downtown Zone is exempt from this buffer standard.
(c) A five-foot landscaped buffer strip shall be required along any other property line, with the exception of approved cross access points into adjacent properties.
(d) Buffer strips required in subsections (D)(8)(b) and (c) of this section shall incorporate at least one tree for every 25 feet of street frontage as well as shrubs and plantings to achieve a minimum of 50% vegetative coverage. All plant materials shall be installed in accordance with the landscaping requirements set forth in § 153.087.
(e) All loading/delivery areas shall be entirely screened from view from any adjacent public street or neighboring residentially zoned property.
(9) Pedestrian circulation shall be clearly defined by sidewalks, alternate raised materials, and/or painted crosswalks to ensure safe pedestrian circulation from all points of the parking area to the building entrance(s). Pedestrian access shall be provided from public sidewalks adjacent to the site to building entrances via the shortest, most direct route.
(10) The site shall be designed to ensure adequate visibility and lighting for safety and monitoring of the site. Access points and internal circulation shall be designed sufficiently to allow entrance onto and maneuvering within the site for emergency and delivery vehicles.
(11) All mechanical units, including those located on the roof of a structure, trash enclosures and outdoor storage areas shall be completely screened from public view. Screening materials shall be consistent with the primary architectural style of the building.
(12) All primary drive aisles for entering the site shall include designated bicycle lanes on each side of at least four feet in width. The site shall have at least one covered, securable bicycle parking facility with a minimum of one bicycle space for every 25 parking spaces.
(13) Special amenities required. Buildings with a footprint greater than 40,000 square feet shall provide at least three of the pedestrian amenities listed below. Additional amenities may be proposed by the applicant which may also satisfy these requirements, subject to approval of the review body.
(a) A plaza, courtyard, square, or extra-wide sidewalk with an unobstructed minimum width of eight feet next to the building entrance.
(b) Sitting space (i.e., dining area, benches or ledges) between the building entrance and sidewalk.
(c) Building canopy, awning, pergola, arcade, or similar weather protection with a minimum projection of five feet from the building over a sidewalk or other pedestrian space.
(d) Public art (e.g., fountain, sculpture, etc.) or wall decoration (e.g., wall mural, art display case/window, etc.).
(e) Other amenity as approved by the reviewing body.
(14) Signage. Monument or ground mounted signs and wall signs, including projecting signs, are permitted subject to the requirements of this section and City Sign Code regulations (Chapter 152), with the following restrictions:
(a) Pole signs are prohibited in all commercial zones. Existing pole signs may be utilized but may not be moved or replaced, nor may the existing sign area be increased.
(b) Flashing lights or flashing signage is not permitted unless using neutral tones of liquid crystal devices (LCDs) to express time, date and temperature. Such devices shall not exceed 20% of the allowable sign area, and in no circumstance shall they interfere with traffic control devices as determined by the City Engineer and/or Police Chief. Publicly owned community events signs and any signs erected in conjunction with an operation related to public safety are exempt from this restriction.
(Ord. 1180, passed 6-14-11)
BUILDING DESIGN REVIEW
(A) Purpose.
(1) The purpose of the design review provisions of this chapter is to ensure that development within the city complies with standards and limitations set forth within the applicable zoning regulations, other city standards and requirements, and with applicable county, state and federal regulations. It is also the intent of these provisions that some level of review be exercised regarding the aesthetics of developments for the goal of maintaining the desirable character and living quality of the community or of specific areas within the community. The overall community character and living quality is defined by the following: keeping buildings in scale; honoring the beauty and ecology of the city’s natural setting; and recognizing that historical and natural features are an integral part of the community’s overall character.
(2) This broad purpose is furthered by the following specific purposes of design review:
(a) To implement the goals and policies of the Comprehensive Plan.
(b) To foster development that is designed, arranged and constructed in a manner that provides a safe, efficient and aesthetically pleasing community asset.
(c) To encourage originality and creativity in site design, architecture and landscape design.
(d) To ensure required public and site improvements and ensure that the arrangement of all functions, uses and improvements of a development reflect the natural amenities, capabilities and limitations of its site and adjacent areas.
(e) To encourage development where the various structures, use areas and site elements are integrated in a manner that is visually harmonious within the development and the surrounding area.
(f) To encourage development and landscape design that complements the natural landscape and setting, improves the general appearance of the community and enhances specific elements of the manmade environment, both presently and historically.
(B) Applicability. The following uses and developments shall be subject to the provisions of this section:
(1) All new development and changes of use. A building permit shall not be issued prior to approval by the city. Site clearance activities such as grading, excavation or filling shall not be permitted unless specifically allowed by the city prior to approval.
(C) Exemptions. The following are exempt from the site and building design review process:
(1) Single-family and two-family/duplex dwellings and their accessory structures.
(2) Outright uses existing on or before the effective date of the ordinance codified in this chapter.
(3) Exterior remodeling and/or expansion of a use up to and not exceeding 25% of the total square footage (including upper floors) of all structures on a specific lot or parcel under unit ownership; however, it shall meet the site design evaluation criteria in subsection (G)(2) of this section.
(4) Changes of uses that occupy an existing building or site that is either similar to the previous use or of equal or lesser impact to the site with regard to water, sewer and traffic as determined by the Planning Director and City Engineer. A change of use application may be required to make this determination (converting a residence to a commercial use is always considered a greater impact). Conditional use procedures still apply for those applications that require it. As a conditional use, improvements may be required that are exempted in this section.
(5) Painting, replacement of roofing and siding, and other normal maintenance and upkeep requirements which are not subject to regulation under the provisions of this chapter or any other applicable city, county, state and/or federal regulations.
(6) Activities that are determined to comply with § 153.120, Exception - Minor repair/rehabilitation).
(D) Improvements required. Uses requiring a design review application shall be subject to public improvements and/or site improvements. Improvement requirements and standards are found in § 153.194 and the City’s Standards and Specifications. Public improvements and site improvements include but are not limited to the following:
(1) Streets. Right-of-way dedication, street extensions, sidewalks, access management. Double frontage lots may require improvements on both frontages.
(2) Utilities. Connection to municipal water and sewer and other utilities as necessary.
(3) Landscaping. Per standards set forth in § 153.087.
(4) Paved parking including access and maneuvering areas as set forth in §§ 153.085 and 153.086.
(5) Storm water drainage. Per the City’s Standards and Specifications.
(E) Design review authority. The authority for design review is set forth as follows:
(1) For those uses subject to design review and classified as outright or Type I conditional uses, the City Planning Official and/or the City Manager, and the City Superintendents of Streets and Public Works, the City Fire Chief and the City Police Chief shall be responsible for the design review thereof. As deemed necessary, the County’s Environmental Health Officer, as well as other agency and/or organizational representatives, may be requested to participate in the design review of specific use and/or development proposals. Any outright or Type I conditional use may be referred to the City Planning Commission based on neighbor concerns, or potential significant impact on the community as determined by the Planning Director in accordance with § 153.250.030 (permit processing).
(2) The City Planning Commission shall be responsible for the design review of all uses classified as Type II conditional uses as well as any outright use or Type I conditional use that is referred to the City Planning Commission by the Planning Director.
(F) Design review procedure. The following procedure shall be used in reviewing site and building design plans:
(1) Pre-application conference. Prior to applying for design review plan approval, applicants are encouraged to meet with the City Planning Official, City Engineer, and Superintendents of Streets and Public Works, or designees thereof, and present a preliminary plan which shall contain, in an approximate manner, the information required on a design review plan application.
(a) The purpose of the preliminary site plan review is to enable the applicant to obtain advice from the city as to the intent, standards, criteria and provisions of this section, this chapter, other city ordinances, standards and regulations, and state and federal rules and regulations which may be pertinent to the proposal.
(b) Information presented for preliminary discussion shall be considered confidential if so requested by the applicant.
(2) Consolidation of land use actions. Where a proposed use or development requires a variance, conditional use, partitioning, subdivision or other action which requires site plan or Planning Commission approval, the design review and applicable land use action by the respective reviewing authority may be combined into a single process.
(3) Application. A property owner or authorized representative thereof may initiate a request for design review plan approval by filing an application with the city using forms prescribed by the city together with the required filing fee. In addition to the application form, the applicant shall submit the following information:
(a) Requirements for information submitted. Information provided on the design review plan shall conform to the following:
1. Drawings depicting the proposal shall be presented on sheets not larger than 24 inches by 36 inches in the number of copies directed by the city, but in no case less than five.
2. To facilitate public reviews and notice, at least one copy of the proposal shall be provided on a sheet of paper not larger than 11 inches by 17 inches.
3. Drawings shall be at a scale sufficiently large enough to enable all features of the design to be clearly discerned.
4. The city may require that a digital copy of the drawing, development plan or other information be provided to the city in a format adaptable to the city’s computer systems.
(b) Site analysis diagram. If required by the reviewing authority, this element of the design review plan, which may be in schematic or free hand form to scale, shall indicate the following site characteristics:
1. Location and species of existing trees greater than six inches in diameter when measured four feet above the natural grade, and an indication of which trees are proposed to be removed.
2. On sites that contain steep slopes, potential geological hazards or unique natural features that may affect the proposed development, the city may require contours mapped at five-foot intervals.
3. Natural drainage ways, depths of any ground water tables less than 12 feet, any areas of surface water accumulations and any other significant natural features.
4. All buildings, roads, retaining walls, curb cuts and other manmade features, both existing and proposed.
5. Natural features, including trees, riparian habitat and stream channels and structures on site or on adjoining properties that have or may have a visual impact or other significant relationship with the site and the proposed development thereon.
(c) Site photographs. Photographs depicting the site and its relationship to adjoining sites and the general area may be required if deemed necessary by the reviewing authority.
(d) Site development plan. This element of the design review plan shall indicate the following:
1. Legal description of the property.
2. Boundary dimensions and site area.
3. Location of all existing and proposed structures, including distances from the property lines.
4. Area and percent of the site to be covered by structures, existing and proposed.
5. All external dimensions of existing and proposed buildings and structures.
6. Location of building entrances and exits.
7. Parking and circulation areas, including their dimensions.
8. Service areas, for such uses as the loading and delivery of goods.
9. Locations, descriptions and dimensions of any easements.
10. Grading and plans, including spot elevations and contours at five-foot intervals.
11. Location of areas to be landscaped, including existing trees and natural landscaping to be retained.
12. Outdoor recreation and/or play areas.
13. Pedestrian and bicycle circulation and amenities.
14. Location of mechanical equipment not enclosed within a building, garbage disposal areas, utility appurtenances and similar structures.
15. Exterior lighting.
16. Location, size and method of illumination of signs.
17. Provisions for ADA compliance.
18. Other site elements which will assist in the evaluation of site development.
19. Location, names, surface and right-of-way widths and improvement standards of all existing and proposed streets within or adjacent to the proposed development.
(e) Accompanying written summary. In addition to the foregoing site development plan requirements, a written summary of the proposal shall be required showing the following (unless such is shown on the site development plan):
1. Commercial and nonresidential development.
a. The square footage contained in the site area to be developed.
b. The percentage of the area to be covered by structures when developed.
c. The percentage of the area to be covered by parking areas and the total number of parking spaces.
d. The total square footage of all landscaped areas, including the percentage consisting of natural materials and the percentage of hard surfaced areas such as courtyards.
2. Residential development.
a. The total square footage of the lot or parcel.
b. The total square footage of all structures in the development.
c. The number of dwelling units in the development.
d. Percentage of lot coverage by structures, parking/driveway areas, recreation areas and landscaping.
(f) Landscape plan. A landscape plan shall be submitted and shall indicate the following:
1. The size, species and locations of plant materials to be retained or placed on site.
2. The layout of irrigation facilities.
3. Location and design details of walkways, plazas, courtyards and similar areas.
4. Location, type and intensity of outdoor lighting.
5. Location and design details of proposed fencing, retaining walls and trash collection areas.
(g) Architectural drawings. This element of the design review plan, if required by the reviewing authority, shall indicate the following:
1. A plan specifying the building footprint and dimensions, including all points of access. Floor plans of interior spaces to the extent required to clarify access functions and the relationship of the spaces to decks, porches, balconies and stairs or other features shown on the building elevations. The floor plans shall be provided for all building floors and shall include appropriate dimensions.
2. Exterior elevations showing building heights, windows, doors, exterior light fixtures, stairways, balconies, decks and other architectural details. These elevations shall be provided for every exterior wall surface, including those which are completely or partially concealed from view by overlapping portions of the structure. Existing and finished grades at the center of all walls shall be shown with elevations of floors indicated and a dimension showing compliance with height limitations.
3. For any building proposed in any of the airport zones (AA, AO, AD, AC, AM and AR), exterior elevations shall include a description of the color and texture of finish materials and shall specifically identify any proposed reflective materials. Samples of the materials and color ranges of siding, roofing and trim may be required if deemed necessary by the Planning Director in order to review any potential safety hazards related to the airport operations. Any use within any airport zone shall be subject to review and approval of the Federal Aviation Administration (FAA).
4. Location and type of exterior light fixtures, including the lamp types and the levels of illumination that they provide.
5. Location, size and method of illumination of all exterior signs.
(h) Property survey. A survey of the property by a licensed land surveyor shall be required and shall clearly delineate property boundaries and show the location of the corners of proposed buildings and other significant features proposed for the site. The requirement for a survey of the exterior boundaries of a site may be waived where it is found that there is a recent survey that can be used to clearly establish the applicant’s property boundaries.
(4) Complete application. Upon receipt of an application for design review, the city shall review the application to ensure that it is complete. If the application is found to be incomplete, the applicant shall be provided with a description of the items required to complete it. The city shall not begin processing the application until found to be complete.
(5) Investigation and reports. As applicable, the City Planning Official, or a designee thereof, shall prepare a report to the applicable review authority on the conformance of the application with the pertinent zoning requirements. The report shall be available to the applicant at no cost and to the public, at a reasonable cost, seven days prior to the date set for the public hearing or review authority review.
(G) Design review criteria. To ensure that the stated purposes of the design review process are met the reviewing authority shall be governed by the following criteria as it evaluates and renders a decision on a proposal:
(1) Statement of intent.
(a) The design review criteria are intended to provide a frame of reference for the applicant in the development of a site, building and landscape plans, as well as providing the city with a means of reviewing proposed plans.
(b) These criteria are not intended to be inflexible requirements, nor are they intended to discourage creativity. The specification of one or more architectural styles is not intended by these criteria.
(c) The reviewing authority is not authorized as a part of the design review process to approve projects which exceed specific development standards set forth by the applicable zone unless the exceptions are approved in accordance with specific variance or other provisions set forth in this chapter.
(2) Site design evaluation criteria. A development shall make the most effective use possible of the site topography, existing landscaping and building placement so as to preserve existing trees and natural features, preserve vistas and other views from public ways, minimize visibility of parking, loading and storage areas from public ways and neighboring residential uses and to minimize intrusion into the character of existing developments and land uses in the immediate area. The following are additional criteria that shall be used in evaluating site development plans:
(a) The arrangement of all functions, uses and improvements has been designed so as to reflect and harmonize with the natural characteristics and limitations of the site and adjacent sites.
(b) In terms of setback from streets or sidewalks, the design creates a visually interesting and compatible relationship between the proposed structures and/or adjacent structures.
(c) The design incorporates existing features, such as streams, rocks, slopes, vegetation and the like (for example, making use of a small stream rather than placing it in a culvert).
(d) Where appropriate, the design relates or integrates the proposed landscaping/open space to the adjoining landscape/open space in order to create a pedestrian/bike pathway and/or open system that connects several properties or uses.
(e) The arrangement of the improvements on the site does not unreasonably degrade the scenic values of the community and the surrounding area in particular.
(f) Where appropriate, the design includes a parking and circulation system that encourages pedestrian and bicycle traffic.
(g) The design shall screen all storage, mechanical equipment, utilities and/or waste collection facilities from view, both from within and from outside the site.
(h) Any proposed building with a footprint over 40,000 square feet located in a commercial zone or a building with over 40,000 square feet of retail area in an industrial zone shall comply with the special requirements as specified in § 153.021.
(3) Landscape design evaluation criteria. The following criteria shall be used in evaluating landscape plans:
(a) The overall design substantially complements the natural environment of the city and the character of the site and the surrounding area.
(b) The design acknowledges the growing conditions for this climatic zone, and the unique requirements that its specific site location makes upon plant selection.
(c) Provision has been made for the survival and continuous maintenance of the landscape and its vegetation.
(d) The design contributes to the stabilization of slopes and the protection of other natural features and resources where applicable.
(e) The design delineates and separates use areas, where it is desirable to do so.
(H) Revision of plans. Construction documents (plans, drawings and specifications, etc.) shall conform to all aspects of the approved design review plan. Where circumstances, unknown or unforeseen at the time the plans are approved, make it undesirable or unfeasible to comply with some particular aspect of the approved plan, the applicant shall request in writing that the city review proposed modifications. The reviewing authority that originally approved the plans shall review the proposed modifications to determine whether they constitute a major or minor revision of the approved plans.
(1) Major modifications.
(a) Major modifications are those which result in a significant change in the initial plans. The following are examples of major modifications: changes in the siting of a building; modification of areas to be landscaped; and modifications to a plan element that was the subject of a design reviewing authority condition of approval.
(b) If the reviewing authority determines that the proposed change is a major modification, the proposed alteration shall be reviewed and processed in the same manner as the original application and as a new application.
(c) The fee shall be in accordance with the city’s fee schedule.
(2) Minor modifications.
(a) Minor modifications are those which result in an insignificant change in the initial plans. Examples are: limited dimensional or locational changes to building elements such as windows or doors; changes in building materials where only a limited area is affected; and substitution of landscape materials which does not affect the overall landscape design.
(b) If the city determines that the proposed change is a minor modification, the reviewing authority may proceed with the review of the plans; however, if the reviewing authority is different than the original reviewing authority, the original reviewing authority shall be notified of the proposed change and given an opportunity to comment relative thereto prior to final approval of such change.
(c) The fee shall be in accordance with minor modifications on the city’s fee schedule.
(I) Development in accordance with permit approval. Development, including any site grading or landscape removal activities, shall not commence until:
(1) The applicant has received all of the appropriate land use and development approvals (i.e., site development review approval), grading permits and building permits.
(2) The applicant has entered into an improvement agreement with the city (e.g., for phased developments and developments with required off-site public improvements), and required bonding or other assurances of site improvements have been submitted to the city.
(J) Phased development. Phasing of development plans may be requested at the time of application for site and building design review, subject to the following standards and procedures:
(1) Any phased development shall be reviewed by the Planning Commission.
(2) A proposed phasing plan shall be submitted with the site and building design review application. The Planning Commission may approve a time schedule for developing a site in phases, but in no case shall the total time for all phases be greater than five years without obtaining additional Planning Commission approval. In no case may the total time for all phases be greater than ten years without submitting a new application. The first phase of the project shall begin no later than 12 months from the date of city approval for site and building design review.
(3) Approval of a phased site development proposal requires satisfaction of the following criteria:
(a) The public facilities required to serve each phase are constructed in conjunction with or before each phase, or bonded at the discretion of the City Engineer.
(b) The phased development shall not result in requiring the city or other property owners to construct public facilities that are necessary to support the development proposal.
(c) An application for phasing may be approved after site and building design review approval as a modification to the approved plan, in accordance with § 153.259.030.
(d) Requests for phasing periods longer than five years shall include supportable analysis showing why such an extension is warranted.
(K) Bonding, assurances and occupancy. The city may require a bond or other assurance of required improvements pursuant to § 153.197. These improvements shall include all required public and private site improvements including required off-site improvements. An occupancy permit shall not be issued unless improvements are completed pursuant to § 153.198. Exceptions to occupancy may only be granted for circumstances necessitating delay of paving or landscape installation. If such an exception is granted, a bond or other assurance of improvement pursuant to § 153.197 shall apply.
(Ord. 1180, passed 6-14-11; Am. Ord. 1208, passed 12-9-14)
(A) Purpose. Improving the function and appearance of the community’s commercial areas is an important goal of the Prineville Comprehensive Plan. Programs, policies, and implementation strategies outlined in the Plan focus on the ways and means to improve the built environment in the key commercial areas like the downtown core, highway commercial areas and other commercial nodes throughout the city. Large buildings, defined in this section as those with footprints over 40,000 square feet, particularly have the potential to affect the character of the community. Specific goals of applying special design requirements to development of large buildings in commercial zones include the following:
(1) Implement development patterns that promote quality design, support economic development, and promote the plan of the City Council and its Comprehensive Plan policies in an efficient and effective manner.
(2) Encourage originality and creativity in site layout, architecture and landscape design.
(3) Encourage development that complements the surrounding natural and built environment, enhances the pedestrian environment, and improves the general appearance of the community.
(4) Encourage efficient use of land resources, mixed uses and human-scaled design while protecting public health, safety, and general welfare of the community.
(B) Applicability. Any development of a building with a footprint of over 40,000 square feet which is located in one of the city’s commercial zones or a building with over 40,000 square feet of retail sales area in one of the city’s industrial zones shall be processed as a Type II conditional use and shall be subject to conditional use criteria as well as the following special design requirements:
(1) A building or buildings with abutting walls constructed at one time that cover multiple lots shall be considered a single building for the purposes of this section.
(2) Separate buildings with abutting walls constructed independently of one another at different times shall not be considered a single building as long as each building is under separate ownership, each is on its own lot and there are no internal access points between buildings.
(3) Any proposed addition to a building which is already in excess of 40,000 square feet or would become so with the addition shall be subject to these standards if it is visible from a public street. Any such addition which is visible from a public street and represents 25% or more of the original square footage of the building shall require the entire building to be improved to these standards.
(4) In the case where an addition is proposed to a building that has an abutting wall with a building on another legal lot under separate ownership, the building shall be treated as a stand-alone building for the purposes of applying design review standards.
(5) If it appears that an applicant is trying to avoid the design review criteria in this section by constructing abutting buildings under separate applications, the Planning Commission may review the proposals and determine whether the proposed buildings should be treated as separate developments or as a single development in applying the standards of this section.
(C) Exceptions. Buildings that are listed in the Inventory of Historic Sites within the Prineville Comprehensive Plan, or buildings designated on the Historic National Landmarks register are exempt from these special design requirements. Buildings located within the Crook County Fairground site shall also be exempt from these special design requirements. The Planning Commission may waive any specific requirement of this section based on the finding that a proposal meets the intent of the criteria.
(D) Special design requirements for buildings with a footprint of over 40,000 square feet.
(1) In regard to any wall visible from a public street, buildings shall incorporate a minimum of five types of architectural features from the list below or other features as approved by the reviewing authority. Such architectural features shall be incorporated, at a minimum, along 80% of the horizontal facade.
(a) Recesses.
(b) Projections.
(c) Columns.
(d) Bands.
(e) Wall insets.
(f) Balconies.
(g) Arcades.
(h) Awnings.
(i) Building projection.
(j) Window display areas.
(k) Landscape structures or planter boxes.
(l) Decorative light fixtures.
(2) In the C-2 and C-5 Zones, any exterior wall with a public entrance shall be designed with windows totaling a minimum 10% of the first floor wall area, unless restricted by the current Building or Energy Code. In the C-1, C-3 and C-5 Zones, any exterior wall facing a public street shall be designed with windows totaling a minimum of 35% of the first floor wall area. In the case of a single story building, the first floor shall be considered the wall area below the lowest point of the roof line or the area below 16 feet in height, whichever is less.
(3) Buildings shall incorporate clearly defined, highly visible customer entrances using features such as bay and transom windows, canopies, porticos, arcades, arches, wing walls, integral planters, and patio/seating areas.
(4) Buildings with exterior walls and/or roof lines greater than 35 feet in horizontal length shall be constructed utilizing a combination of architectural features and variety of building materials to break up the vertical and/or horizontal span(s). See subsection (D)(1) of this section for a list of architectural features.
(5) Architectural methods shall be used to conceal flat rooftops; however, a maximum of 30% of the building elevations visible from the adjacent right-of-way may include flat roof components.
(6) Building materials such as smooth-faced concrete block, undecorated tilt-up concrete panels, or pre-fabricated steel panels may only be used as accents and not dominate the building exterior of the structure unless the mass of the building is broken up into various facades with varied articulation. Metal roofs may be allowed only if compatible with the overall architectural design of the building or hidden by parapets.
(7) Fluorescent, neon, metallic and excessively bright or other high intensity paint colors shall be prohibited on any building subject to this section. Any proposed wall mural not included as approved signage is subject to review and approval by the Prineville City Council.
(8) The following landscape requirements shall be installed in accordance with the landscaping requirements set forth in § 153.087:
(a) A minimum of 15% of the total area shall be landscaped. Such landscaping shall consist of a mix of trees, shrubs and/or ground cover plants distributed throughout. At a minimum, one tree per ten parking spaces total shall be planted within the parking areas. All landscaped areas for trees shall have minimum dimensions of four feet by four feet to ensure adequate soil, water, and space for healthy tree growth.
(b) A minimum ten-foot landscaped buffer strip, not including right-of-way, shall be required along any adjacent right-of-way or adjacent residentially zoned property. The C-1 Downtown Zone is exempt from this buffer standard.
(c) A five-foot landscaped buffer strip shall be required along any other property line, with the exception of approved cross access points into adjacent properties.
(d) Buffer strips required in subsections (D)(8)(b) and (c) of this section shall incorporate at least one tree for every 25 feet of street frontage as well as shrubs and plantings to achieve a minimum of 50% vegetative coverage. All plant materials shall be installed in accordance with the landscaping requirements set forth in § 153.087.
(e) All loading/delivery areas shall be entirely screened from view from any adjacent public street or neighboring residentially zoned property.
(9) Pedestrian circulation shall be clearly defined by sidewalks, alternate raised materials, and/or painted crosswalks to ensure safe pedestrian circulation from all points of the parking area to the building entrance(s). Pedestrian access shall be provided from public sidewalks adjacent to the site to building entrances via the shortest, most direct route.
(10) The site shall be designed to ensure adequate visibility and lighting for safety and monitoring of the site. Access points and internal circulation shall be designed sufficiently to allow entrance onto and maneuvering within the site for emergency and delivery vehicles.
(11) All mechanical units, including those located on the roof of a structure, trash enclosures and outdoor storage areas shall be completely screened from public view. Screening materials shall be consistent with the primary architectural style of the building.
(12) All primary drive aisles for entering the site shall include designated bicycle lanes on each side of at least four feet in width. The site shall have at least one covered, securable bicycle parking facility with a minimum of one bicycle space for every 25 parking spaces.
(13) Special amenities required. Buildings with a footprint greater than 40,000 square feet shall provide at least three of the pedestrian amenities listed below. Additional amenities may be proposed by the applicant which may also satisfy these requirements, subject to approval of the review body.
(a) A plaza, courtyard, square, or extra-wide sidewalk with an unobstructed minimum width of eight feet next to the building entrance.
(b) Sitting space (i.e., dining area, benches or ledges) between the building entrance and sidewalk.
(c) Building canopy, awning, pergola, arcade, or similar weather protection with a minimum projection of five feet from the building over a sidewalk or other pedestrian space.
(d) Public art (e.g., fountain, sculpture, etc.) or wall decoration (e.g., wall mural, art display case/window, etc.).
(e) Other amenity as approved by the reviewing body.
(14) Signage. Monument or ground mounted signs and wall signs, including projecting signs, are permitted subject to the requirements of this section and City Sign Code regulations (Chapter 152), with the following restrictions:
(a) Pole signs are prohibited in all commercial zones. Existing pole signs may be utilized but may not be moved or replaced, nor may the existing sign area be increased.
(b) Flashing lights or flashing signage is not permitted unless using neutral tones of liquid crystal devices (LCDs) to express time, date and temperature. Such devices shall not exceed 20% of the allowable sign area, and in no circumstance shall they interfere with traffic control devices as determined by the City Engineer and/or Police Chief. Publicly owned community events signs and any signs erected in conjunction with an operation related to public safety are exempt from this restriction.
(Ord. 1180, passed 6-14-11)