The requirements and procedures set forth herein are established to ensure new development and redevelopment proposals consider and mitigate the impacts of proposed development on the natural and built environments through appropriate design. The consideration and mitigation of development impacts will promote the health, safety, and welfare of surrounding property owners by ensuring high quality and safe design, preserving natural environments and scenic vistas, and promoting efficient traffic and circulation patterns. Development applications should be reviewed in a consistent, timely, and reasonable manner. Specifically, the review process is intended to promote the goals and objectives of the General Plan by:

A.

Protecting, preserving and enhancing the natural beauty and quality of the landscape and other natural resources such as scenic vistas, landforms, open space, native vegetation, wildlife, air and water;

B.

Recognizing major environmental, economic and social opportunities and problems concerning community development;

C.

Encouraging design decisions that will promote development of high environmental and visual quality throughout the Town;

D.

Assisting applicants in the preparation of design review applications by providing greater clarity of design criteria;

E.

Assisting decision making by the Director of Community Development and Planning Commission through the detailed review of development plans;

F.

Ensuring compliance with the provisions of this title.

A.

This chapter applies to the following projects in all zones:

1.

Construction of any new structure or building;

2.

Reconstruction, modification, alteration, or expansion of an existing building or structure; and

3.

A newly established use of land, a change in a building's or structure's use, or an expansion of an existing use of land.

B.

This chapter does not apply to any of the following projects:

1.

Routine maintenance which does not alter the design or appearance of a building or structure; or

2.

Interior reconstruction or remodeling.

A.

An application for a building permit may not be accepted or considered for any project described in subsection 10-15-2A until the project has been approved under this chapter. No building permit may be issued for any project described in subsection 10-15-2A until an approval is received under this chapter.

B.

The drawings, plans, and other materials that are submitted as part of an application for a building permit must not deviate in any material respect from the drawings, plans, and other materials that are approved under this chapter. No building permit may be issued until the deviation is corrected.

C.

The applicant and property owner have a continuing obligation to comply with the requirements of this title throughout all stages of development, including during the design/development review process, the request for a building permit, and the project construction.

A project that is described in subsection 10-15-2.A. may be approved under this chapter only if it conforms to the following:

A.

Land use regulations for the zone in which the project is located.

B.

Architectural regulations and design guidelines contained in chapter 16 of this title.

C.

Color regulations contained in chapter 17 of this title.

D.

Landscaping requirements contained in chapter 18 of this title.

E.

Off-street parking requirements contained in chapter 23 of this title.

F.

If the project will contain signage, the signage requirements contained in chapter 24 of this title.

G.

If the project will contain new public or private streets, the street standards contained in chapter 25.

H.

The goals and objectives of the General Plan.

I.

All other applicable Town ordinances and policies.

J.

The additional standards listed below:

1.

The proposed project must contain adequate pedestrian and vehicular ingress, egress, and internal circulation. If the project is a commercial or multi-family residential project, it must include pedestrian pathways that connect to any existing or planned sidewalks, trails, or other pedestrian facilities; and

2.

The proposed development must adequately protect adjoining properties and structures from excessive and unreasonable noise, vibrations, gases, odors, light pollution, glare or view degradation.

The following process is required for any approval under this chapter.

A.

Preapplication meeting: Before substantial design of proposed buildings, structures, and uses, the project proponent is encouraged to meet with Town representatives, including the Director of Community Development (DCD), utility superintendent, engineer, and fire marshal, to discuss the proposed project and the natural characteristics of the site where the proposed project will be developed, as well as design/development review submittal requirements. Town staff may provide non-binding, general input regarding land use ordinances and site development requirements.

B.

Site visit: After the preapplication meeting, the DCD may conduct a site review of the subject property. The DCD may identify any special conditions which could affect the development of the site, such as the locations of any steep slopes, floodplains, significant drainages, poor soils, geologic hazards, and significant natural vegetation and rock outcrops. The DCD is encouraged to forward a written report of the site visit to the applicant. Site constraints and natural characteristics of the property identified in the DCD's site visit report may be addressed in the applicant's site analysis, and the project should be designed to respond to these issues.

1.

If the property is in the foothill residential zone, two members of the Planning Commission may accompany the DCD on the site visit and make a preliminary determination about whether the parcel would be considered a normal parcel or a high impact parcel under chapter 9A of this title.

2.

The applicant may rebut this preliminary determination before the Planning Commission during the review described in subsection D. of this section.

C.

Site analysis:

1.

After receiving input at the preapplication meeting and from the DCD site visit report, the project proponent must prepare a site analysis that inventories the natural characteristics of the site and presents a detailed land use proposal. The form and content of the site analysis will conform to standards adopted by the Town Council by resolution, and which may be amended from time to time by council resolution. The site analysis must include detailed and specific information, drawings, and plans showing existing natural conditions on the site. To increase the effectiveness of the Planning Commission review and to maintain flexibility in structure design, the site analysis will not require fully engineered drawings of proposed structures, but will require accurate plans and drawings of the design and appearance of proposed structures.

2.

The site analysis must include graphic cross sections as shown in chapter 15A, drawn parallel to all exterior elevations at a location within the structure demonstrating the highest point(s) of the structure, demonstrating compliance with the applicable height restriction. The cross sections must label uniform, cut, fill, and natural grades as appropriate and must show the virtual plane elevated above those grades as determined by section 10-15A-5 of this chapter. At least two such cross sections, perpendicular to each other, must be provided.

3.

The project proponent will submit the site analysis to the DCD, together with the applicable design/development review fee.

4.

Upon receipt of a site analysis, the DCD will conduct an initial review to determine completeness. If the site analysis is incomplete, the DCD will return the submittal to the applicant with direction to correct the deficiencies. A site analysis will not be considered complete until the applicable design/development review fee has been paid.

5.

Once the site analysis is found to be complete the DCD will schedule the project for Planning Commission review.

D.

Commission design/development review: The Planning Commission will review the site analysis for conformance with applicable Town ordinances and with the specific requirements of this chapter. The commission will hold a public hearing if required by section 10-15-6 of this chapter.

1.

If the commission finds the project is in conformance with all applicable Town ordinance and the specific requirements of 10-15-4 of this chapter, the commission shall grant a design/development review approval.

2.

If the commission finds the project fails to conform to Town ordinances or the requirements of 10-15-4 of this chapter, the commission shall direct the applicant to redesign the project with specific direction regarding the areas where the project fails to meet Town ordinances. The applicant must revise the site analysis based on the commission's directions and submit the revised document to the DCD. The DCD will review the revised document for completeness and schedule the item for the next available commission meeting for review. To obtain design/development review approval, the process must be repeated until the project is in full compliance with all Town ordinances.

E.

Building, engineering, utility, and fire review: Once a project has received design/development review approval, the applicant shall prepare and submit complete engineered drawings of all proposed structures to the DCD. The engineered drawings must be consistent with the site analysis that is approved under subsection 10-15-5.D.1. The DCD will review the drawings to ensure they are in compliance with the design/development review approval and then distribute them for technical building review pursuant to section 9-1-4 of this Code.

F.

Final review: After all appropriate review bodies have reviewed and approved the complete engineered drawings for the project, the DCD shall conduct a final review to ensure no substantial changes to the project's design have occurred since the design/development review approval. Substantial changes include increases to a building or structure's height or size, alterations of the building or structure's footprint, changes to the building or structure's location or orientation on the lot, increases in the amount of grading or in the height of cut and fill slopes, addition or relocation of exterior windows or doors, road or driveway realignments, changes to exterior colors or materials, or any other changes or alterations the DCD determines to be substantial.

1.

If substantial changes have occurred, the DCD shall return the project to the Planning Commission for review at the next available meeting. The commission will review the project for conformance with the standards of section 10-15-4. If the commission finds the plans are in conformance with the standards of section 10-15-4 of this chapter, the commission shall grant a design/development review approval for the modified plans and the DCD shall issue a building permit authorizing the project. If the commission finds the project is no longer in compliance with the standards of section 10-15-4 of this chapter, the commission will direct the project proponent to revise and resubmit plans in accordance with subsection D.2. of this section.

2.

If no substantial changes have occurred and the project is still in compliance with the design/development review approval, the DCD shall issue a building permit authorizing the project.

G.

Monitoring inspections: The DCD will conduct regular monitoring inspections during the course of the project construction, including but not limited to layout, grading, and building height inspections. Each inspection must be passed before work may proceed on the project. The monitoring inspections are in addition to the required building inspections conducted by the building inspector. During the monitoring inspections, the DCD will assess whether the project complies with all aspects of the design/development review approval and any conditions thereof. If the DCD determines that the project construction is not in compliance with the design/development review approval, the DCD is authorized to take corrective measures, including the issuance of stop work orders.

H.

Certificate of occupancy issued: Upon completion of the project, and after a successful final inspection by the building inspector and the DCD, the project will be issued a certificate of occupancy pursuant to section 10-1-11 of this title.

The Planning Commission will hold at least one public hearing pursuant to section 10-3-1 of this title during the design/development review process if:

A.

The proposed project will have a commercial use; or

B.

The proposed project will have a multi-family residential use.

The DCD may conduct the design/development review required by subsection 10-15-5D of this chapter in the place of the Planning Commission for projects meeting the criteria listed below. The DCD may alter, revise, or reduce the requirements of the site analysis for such projects. The DCD will complete the review and issue a written approval or denial of the project within 30 days after a complete application is submitted. If in the opinion of the DCD the project is complex, problematic, controversial, or otherwise beyond the ability of the DCD to adequately review, the DCD may forward the project to the Planning Commission for review, even if it meets the criteria listed below. In determining if a project is eligible for DCD review, one of the following criteria must be met:

A.

The project is not on property used as a single-family residence and individually or cumulatively is less than 1,000 square feet in area.

1.

If a project is proposed on a building, structure, or site where a previous DCD review of a project has occurred within the last two years, the proposed project is not eligible for DCD review if the combined area of the previous project and proposed project is greater than 1,000 square feet, and

2.

To be eligible for DCD review the project must not involve renovation, remodeling, or other alteration of: a) a building's facade or b) a building's frontage that faces any public right-of-way.

B.

The project is a single-family residence.

Public hearings are not required for the DCD's review of a project. For projects that would otherwise require a public hearing pursuant to section 10-15-6 of this chapter, notice of design/development review application shall be mailed or delivered, by the Town staff, to the owners of properties within 300 feet of the subject property in conjunction with the DCD review of a project. The notice shall state the nature and location of the proposed improvements and advise of opportunity for review and comment on said improvements within the timeframe for review as herein established. A notice of design/development review shall be posted within the proposed project's property boundaries in a conspicuous location and at three other prominent locations within the Town at least ten days prior to the conclusion of Director of Community Development's established review period.

A design/development review approval will lapse and become void one year after the date on which the approval became effective, unless before the expiration of one year, the project has been diligently pursued toward completion on the site which was the subject of the approval, or a certificate of occupancy is issued for the structure which was the subject of the application, or the site is occupied if no building permit or certificate of occupancy is required.

A.

A design/development review approval may be renewed prior to its lapse for one additional period of six months; provided, that at least 60 days before the expiration date, an application for renewal is filed with the DCD. The applicant shall clearly demonstrate, to the satisfaction of the DCD or the Planning Commission, as applicable, that:

1.

In spite of the good faith efforts of the applicant, circumstances beyond the applicant's control have prevented the timely pursuit of the project and completion of the necessary requirements within the original timeframe;

2.

The applicant has completed substantial property improvements; incurred substantial nonrecoverable monetary expenditures or commitments; or has completed supporting project related improvements or retained the services for preparation of supporting data in reliance upon the approval of the request; or

3.

The applicant has submitted a building permit application which has been formally accepted as complete by the Town.

B.

To obtain any renewal under subsection 10-15-10A, the applicant must show that the applicant has, in good faith, continued to diligently pursue implementation of the proposal to the degree authorized by regulatory authority.

Any revisions or changes to an approved design/development review application shall be resubmitted for consideration in the same manner as originally reviewed.

No building permit may be issued for any project that is inconsistent with the approval that is given under this chapter. It is a Class B misdemeanor for the owner of a building, structure, or sign that has been approved under this chapter to violate or deviate from the requirements, conditions, or stipulations of the design/development review approval. The DDR plans are the approved plans controlling the building placement, setbacks, design, size, height, outdoor lighting, landscaping, and other land use controls affecting the property. All development on a property must be consistent with the approved DDR plans. A project that deviates from the design/development review approval is hereby declared a nuisance, and is subject to penalty and abatement pursuant to sections 4-3-6 and 4-3-7 of this Code. All project construction shall be consistent with the drawings, plans, and other materials that are approved under this chapter. The issuance of a building permit does not excuse an applicant's obligation to comply with the requirements of this title. The applicant bears the ultimate responsibility of complying with this title.