The purpose of design review is to:

A.

Preserve the buildings and character of those areas of the city which are either historic in nature or are close to historic structures.

B.

Promote the harmonious appearance of structures in other parts of the town which are not of a historic character.

C.

Protect and enhance the historic gold rush period architecture, 1852 to 1900, in the historic area.

D.

Establish design elements which are compatible with those and other areas of the city having special aesthetic interest.

E.

Establish a method for determining compliance with this title and to promote the orderly development of the city, the stability of land values and investments, and the general welfare, by preventing the impairment of land values through the erection of structures, or alterations, or additions without proper attention to compatibility of design.

F.

Ensure building design that encompasses the unifying values of human scale and the use of natural materials and their role in preserving character and avoid out-of-scale or incompatible design.

G.

Maintain a tradition of architectural diversity that enhances the character of the commercial districts.

(Ord. 808 § 2 (part), 2012; Ord. 569 § 1, 1989; Ord. 569 § 2, 1982; Ord. 525 § 4, 1979.; Amended by Ord. 860 on 10/7/2019; Repealed by Ord. 860 on 10/7/2019)

Editor's note— Ord. 860, § 1, adopted Oct. 7, 2019, deleted former Section 17.32.020, which pertained to uses allowed by right and derived from Ord. 808 §2 (part), 2012; and Ord. 525 § 3, 1979.

The requirements of this chapter shall apply to:

A.

All property within the commercial zone, general commercial zone, limited manufacturing zone and tourist and administrative zone, and

B.

Historic area: All property within an area bounded on the north by Elkin Street, on the south by Church Street, on the east by the centerline of Stewart Street and on the west by the centerline of Green Street. For the purposes of this chapter, the above described area shall also be known as the "historic area."

(Ord. 808 § 2 (part), 2012; Ord. 647 § 1, 1989; Ord. 569 § 2, 1982; Ord. 5 25 § 4, 1979.; Amended by Ord. 860 on 10/7/2019; Repealed by Ord. 860 on 10/7/2019)

Editor's note— Ord. 860, § 1, adopted Oct. 7, 2019, deleted former Section 17.32.040, which pertained to planning commission serving as the design review/historic committee and derived from Ord. 808 §2 (part), 2012; Ord. 569 § 3, 1982; and Ord. 525 § 5, 1979.

A.

Each applicant for a building permit which would authorize new construction, or exterior alterations, additions or modifications of any building or structure, or part thereof within the design review boundary shall first obtain approval of the building plans and materials for the proposed exterior changes from the planning commission. An applicant for new construction or exterior alterations, additions or modifications shall furnish complete elevation details (i.e., drawings of the building exterior) and specifications, plot plan, and such other information as the planning commission may require.

B.

Nothing in this section shall be construed to require design review approval by the planning commission, in the following situations:

1.

Ordinary maintenance or repairs of any such structure which does not involve a change in design, exterior material or original appearance of a structure;

2.

Any construction, reconstruction, alteration, or removal of any feature, or appurtenance which has been determined by the city building official to be necessary to protect health or safety;

3.

New single family residential construction.

4.

Any exterior alterations, additions or modification of any single family residence less than fifty years of age.

5.

Any construction, reconstruction, alteration or removal of an awning or roofing material provided that such awning or roofing material is aesthetically, architecturally, and historically appropriate as determined by the community development director.

(Ord. 808 § 2 (part), 2012; Ord. 569 § 4, 1982; Ord. 558, 1981; Ord. 549, 1981; Ord. 525 § 6, 1979.; Amended by Ord. 860 on 10/7/2019)

A.

When considering the approval of plans for a building which is itself a historic structure, or is adjacent to a historic structure, the planning commission shall consider its conformity with the features found either on the original building or on those typical of the period in which the structure was constructed. The following structures are deemed to have historical significance and are typical, in design features, of buildings which exemplify "Gold Rush or Mother Lode" architecture of the 1852-1900 period:

1.

77 N. Washington Street;

2.

First level, 132 N. Washington Street;

3.

84 N. Washington Street;

4.

Upper level, northwest corner of N. Washington and Dodge;

5.

51 N. Washington Street;

6.

23 N. Washington Street;

7.

21 N. Washington Street;

8.

38 N. Washington Street:

9.

24 N. Washington Street:

10.

139 S. Washington Street;

11.

258 S. Washington Street;

12.

286 S. Washington Street;

13.

64 S. Washington Street.

B.

In any review of the exterior features of a proposed new structure or remodeling, the planning commission shall be guided by the features found in the above listing, and by design guidelines as may be adopted by resolution of the city council. The design and exterior materials of construction shall reflect the traditional architectural characteristics of the community, blend with the adjacent neighborhood, or be consistent with any applicable design standards in the general plan or as provided in this title. Any new structure which is adjacent to historic buildings shall be designed to be compatible with its neighboring buildings.

(Ord. 808 § 2 (part), 2012; Ord. 767, 2004.; Amended by Ord. 860 on 10/7/2019)

In addition to the provisions of Section 17.32.060, the following activities within the design review boundary shall first obtain approval from the planning commission:

A.

Sandblasting of all masonry surfaces on buildings or structures fifty years or older;

B.

The placement of nonresidential manufactured or modular buildings.

C.

Accessory structures, which are in excess of one hundred twenty square feet and require a building permit.

D.

Murals, defined as the temporary or permanent application of a picture, illustration, scene, depiction, or graphic representation, either painted or applied through other media or materials, directly on a wall or on panels attached to walls. Murals are considered an integral part of the architectural theme, and primarily are not intended to direct attention to products, goods, services, events or entertainment, and are therefore considered to be public art, and not signs. Mural sponsor and artist names may be incorporated but shall be discreet and not exceed five percent of the design. The mural shall have a weatherproof and vandalism-resistant coating. The mural must be properly maintained to ensure that material failure is corrected and vandalism removed promptly. The maintenance of the mural will be the responsibility of the property owner. Review criteria to include:

1.

The installation of the mural shall complement and enhance the building and be incorporated architecturally into the building facade.

2.

The location of the mural on the building shall not cover or detract from significant or character-defining architectural features.

3.

Murals shall enhance and complement the character of the surrounding neighborhood.

4.

The scale of the mural shall be appropriate to the building and the site.

5.

The mural shall be an original design.

6.

Preference shall be given to murals with a subject matter having an historic/cultural theme reflecting the history and background of the city and/or Tuolumne County.

7.

Qualifications of the mural artist, paint and/or other media or materials to be utilized.

(Ord. 808 § 2 (part), 2012; Ord. 744 § 1, 2000; Ord. 736, 1998; Ord. 693 § 1, 1994; Ord. 676 § 1, 1992.; Amended by Ord. 860 on 10/7/2019; Amended by Ord. 891 on 6/9/2023)

When considering the plans for a structure which is outside the historic area, the following shall be considered by the planning commission:

A.

All structures shall be in good proportions; have simplicity of mass and detail and shall not be inharmonious with the other buildings in the city of like class and type; there shall be an appropriate and fitting use of materials; colors shall be in good taste and never harsh or garish, but in harmony with themselves and their environment.

B.

The size, location, design, color, number, lighting and materials of all signs and outdoor advertising structures shall be reviewed by the community development department. Signs within the historic area shall be reviewed by the community development department in accordance with the requirements of Section 15.28.165. No signs shall be approved in excess of the limits or requirements of any ordinance of the city without prior approval of the planning commission as per Section 15.28.440.

(Ord. 808 § 2 (part), 2012; Ord. 525 § 7 (part), 1979.; Amended by Ord. 860 on 10/7/2019)

Applications for design review approval shall be submitted to the community development department on forms provided by the city for that purpose. Such applications shall be accompanied by a fee as adopted by resolution by the city council.

(Ord. 808 § 2 (part), 2012; Ord. 600 § 4 (part), 1985; Ord. 525 § 8, 1979.; Amended by Ord. 860 on 10/7/2019)

The planning commission may approve or disapprove all or any part of plans or may approve subject to specified changes, additions or conditions. Disapproved plans may be resubmitted, after revision or correction, without payment of additional fee by applicant.

(Ord. 808 § 2 (part), 2012; Ord. 569 § 6, 1982; Ord. 525 § 9, 1979.; Amended by Ord. 860 on 10/7/2019)

Any appeal from a decision of the planning commission shall be filed as follows: by filing a notice of appeal in writing, along with the one hundred dollar appeals fee, to the community development department, prior to the close of the tenth day following the day of action of the planning commission. Any notice of appeal shall set forth specific grounds upon which the appeal is taken and shall be signed by the person or persons appealing. Either the applicant or proponent or any interested person may appeal a decision of the planning commission. Such decision becomes final if an appeal is not filed within the time herein specified.

(Ord. 808 § 2 (part), 2012; Ord. 600 § 4 (part), 1985; Ord. 525 § 10, 1979.; Amended by Ord. 860 on 10/7/2019)

Upon the filing of such appeal, the city clerk shall place the appeal on the agenda of the next regular meeting of the city council.

(Ord. 808 § 2 (part), 2012; Ord. 525 § 11, 1979.; Amended by Ord. 860 on 10/7/2019)

At the time set for hearing the appeal, the city council shall proceed to hear and determine the same. The hearing may be continued, at the discretion of the city council, in order to obtain further facts or hear further witnesses. Any determination by the city council shall be final and conclusive and not subject to further appeal.

(Ord. 808 § 2 (part), 2012; Ord. 525 § 12, 1979.; Amended by Ord. 860 on 10/7/2019; Repealed by Ord. 860 on 10/7/2019)

Editor's note— Ord. 860, § 1, adopted Oct. 7, 2019, deleted former Section 17.32.130, which pertained to secretary/community development director and derived from Ord. 808 §2 (part), 2012; and Ord. 525 § 13, 1979.