Design review is required in order to provide for the orderly development and redevelopment of the central business district, the boundaries of which are defined in the adopted Sturgis master plan, and to maintain and enhance property values, to promote the economic and general prosperity of the district and to protect the health, safety and welfare of the community by facilitating development where the physical, visual and spatial characteristics are established and reinforced through appropriate design; to provide for a design review committee of the planning board to act in the application of this provision; to encourage creativity in the development and redevelopment of property in the central business district; and to ensure the standards and guidelines established by the ordinance are administered so as to encourage the disposition of development proposals without undue delay or cost to property owners in the district.

A.

Definitions. Because many of the words or terms used in design review are not in common usage, or they could be misconstrued as to meaning, the following definitions are to be used in the context of the use of this section. Terms not herein defined shall have the meaning customarily assigned to them, unless otherwise defined in this ordinance.

1.

Appearance. The outward aspect of a building structure or site visible to the public.

2.

Appropriate. Sympathetic, or fitting, to the context of the site and the whole community.

3.

Appurtenances. The visible, functional objects accessory to and part of buildings.

4.

Architectural concept. The basic aesthetic idea of a building, or group of buildings or structures, including the site and landscape development, which produces the architectural character.

5.

Architectural feature. A prominent or significant part or element of a building, structure, or site.

6.

Architectural style. The characteristic form and detail, as of buildings of a particular historic period.

7.

Central business district. The area designated on the adopted Sturgis master plan as the central business district.

8.

Character. The combination of traits which, when considered together, distinguish specified land and/or development from other specified land and/or development. In assessing character, the following may be considered, along with any other expressly identified factors:

a.

Percentage of a lot covered by structures and other impervious improvements;

b.

Type or style of structure;

c.

Traffic flow and pattern, and the relationship of traffic to pedestrian and vehicular thoroughfares;

d.

Density of land uses and;

e.

Intensity of uses.

9.

External design feature. The general arrangement of any portion of a building, sign, landscaping or structure and including the kind, color, and texture of the materials of such portion and the types of roof, windows, doors, lights, attached or ground signs or other fixtures appurtenant to such portions, as will be open to public view from any street, place or way.

10.

Graphic element. A letter, illustration, symbol, figure, insignia, or other device employed to express and illustrate a message or part thereof.

B.

Design review committee.

1.

Creation. A design review committee shall be appointed by the planning commission for the purpose of assisting the planning commission to preserve, protect and enhance the aesthetic appeal of the central business district; protect property values through the application of good design principles; and promote the general health, safety and welfare of the central business district and the community. The design review committee will also be charged with reviewing all applications and making a recommendation to the planning commission for all internally-illuminated signs in the B-C district per section 1.1006(H)(5) and all special land use marquee signs per section 1.0603(JJ). For the purpose of this review (marquee signs) will be judged on their individual design with building scale and architectural compatibility being key elements.

2.

Membership. The design review committee shall consist of not less than three regular members and shall include one member of the planning board, one member of the downtown development authority and one member at large. The review committee, as it determines necessary or appropriate, shall utilize the assistance of planning, architectural and other consultants. The review committee shall seek the assistance of relevant experts in an effort to achieve accord in those instances in which the applicant objects to the decision of the review committee.

3.

Requirement for approved design; nature of review. In the central business district no permit required under the ordinances of the city for a sign or for the erection, construction, alteration, or repair of any building or structure which involves an exterior design feature, or any painting of a commercial building other than "touch-up" painting of the same color, shall be issued by the city unless the project meets all requirements of the design guidelines listed in article XIII. If the building official cannot determine if the project meets the proposed standards, or it is mandated by other sections of this zoning code, the building official shall refer the project to the design review committee for its determination and recommendation to the planning board.

4.

The design guidelines established by the downtown development authority for the central business district shall serve as a guide to the design review committee in the review of plans.

C.

Administration.

1.

Application. As a separate and distinct part of site plan review, drawings and plans shall be submitted to the city at a scale in sufficient detail to illustrate clearly the design for which approval is sought. Such plans shall show the following:

a.

Existing conditions (both public and private) and natural features, all structures and uses, improvements, public street rights-of-way, sidewalks, public and private easements and restrictions for the subject site and immediately abutting property.

b.

Site plan in accordance with the requirements of the zoning ordinance containing the information as prescribed by the rules of the planning board.

c.

Architectural drawings of all exterior building elevations, colors of exterior walls, trims and roofs, lighting materials, ornamental, pictorial or decorative material to be used in or about the exterior of the structure. Samples of building materials and colors may be required to be submitted.

d.

Such other information as may be required by the design review committee to permit reasonable consideration of the application.

D.

Design review committee action. The design review committee shall recommend to the planning board approval, conditional approval or disapproval of the application. Such action shall not be in lieu of site plan review by the planning board.

1.

Enforcement. Upon the granting of an approved design or amendments thereto, and following site plan review by the planning board, the exterior drawings, sketches, landscape and site plans, renderings and materials upon which an approved design or amendment was granted shall be turned over to the building department, whose responsibility it shall be to determine, from time-to-time as the project is in progress and finally upon its completion, that there have been no deviations therefrom.

a.

It shall be the duty of the person, firm or corporation to whom an approved design has been granted to comply therewith, and to obtain such inspections as may be necessary in order to assure compliance. The building department may notify such person of any deficiencies found to exist. Failure to comply with an approved design will constitute a violation of this ordinance.

b.

Before any use may be made of improvements constructed under these provisions of design review, a final inspection of the premises must be obtained from the building department. An occupancy permit will not be issued unless such an inspection has been made and the completed work found to be in compliance with plans approved.

E.

Design criteria.

1.

Criteria. The purpose of these criteria is to establish a checklist of those items which affect the physical aspect of the central business district environment. Pertinent to appearance is the design of the site, building and structures, planting, signs, street hardware, and miscellaneous other objects which are observed by the public. The design guidelines established by the downtown development authority shall serve as the guideline for review by the design review committee.

These criteria are not intended to restrict imagination, innovation, or variety, but rather to provide a guide for decision making and assist in focusing on design principles which can result in creative solutions that will continue to develop and enhance a satisfactory visual-appearance within the central business district.

2.

Relationship of building site.

a.

Parking areas where provided shall be treated with decorative elements, building wall extensions, plantings, berms or other innovative means so as to largely screen parking areas from view from public ways.

b.

The height and scale of each building shall be compatible with its site and adjoining buildings.

3.

Relationship of building and site to adjoining area.

a.

Adjacent buildings of different architectural styles that are in harmony with the overall downtown development authority design guidelines shall be respected in the design or alterations of a building site.

b.

Harmony in texture, lines, and masses is required.

c.

To the extent reasonably feasible, the building and site shall not be inconsistent with the character (as defined in this ordinance) of the area.

4.

Building design.

a.

Architectural style is not restricted. Evaluation of appearance of a project shall be based on quality of its design and relationship to surroundings.

b.

Buildings shall have good scale and be in harmonious conformance with permanent neighboring development.

c.

Materials shall have good architectural character and shall be selected for harmony of the building with adjoining buildings.

d.

Materials shall be selected for suitability to the type of buildings and the design in which they are used. Buildings shall have the same materials, or those which are architecturally harmonious, used for all building walls and other exterior building components wholly or partly visible from public ways.

e.

Inappropriate materials and methods, and those which will produce inconsistency with the structure of the building, shall be avoided.

f.

Materials shall be of durable quality.

g.

Building components - such as windows, doors, eaves, and parapets - shall have good proportions and relationship to one another.

h.

Colors shall be harmonious, and not used to draw attention, e.g., serving as a sign.

i.

Mechanical equipment or other utility hardware on roof, ground, or buildings shall be screened from public view with materials harmonious with the building, or they shall be located so as not to be visible from any public ways.

j.

Exterior lighting, including external and interior lighted signs, shall be part of the architectural concept. Fixtures, standards, and all exposed accessories shall be harmonious with building design.

k.

Refuse and waste removal areas, service yards, storage yards, and exterior work areas shall be screened from view from public ways, using materials as stated in criteria for equipment screening.

l.

Inappropriate, incompatible, bizarre, and exotic designs shall be avoided.

m.

The provisions of the zoning ordinance in regard to lot, yard, height, and area regulations and standards, which directly affect appearance, shall be part of the criteria of this subsection.

n.

To the extent reasonably feasible, the building design shall not be inconsistent with the character (as defined in this ordinance) of the area.

F.

Signs. The provisions of the zoning ordinance in regard to signs shall be part of the criteria of this subsection. In addition to zoning ordinance standards the design guidelines established by the downtown development authority shall serve as a guide for sign design.

1.

Wall signs shall be part of the architectural concept. Size, color, lettering, location, and arrangement shall be harmonious with the building design, and shall be compatible with signs in conformance with zoning standards on adjoining buildings. Signs shall have good proportions.

2.

Identification signs of a prototype design shall conform to the criteria for signs.

3.

Materials used in signs shall have good architectural character and be harmonious with building design and surrounding landscape.

4.

Every sign shall have good scale in its design and in its visual relationship to buildings and surroundings.

5.

Colors shall be used harmoniously. Brilliant colors shall be avoided. Lighting shall be harmonious with the design. If external spot or ground lighting is used, it shall be arranged so that the light source is shielded from view. Internally lighted signs, with the exception of those utilizing neon, shall use soft lighting sources that do not overwhelm or distract from the atmosphere of the building or surrounding area.

G.

Miscellaneous structures and street hardware.

1.

Miscellaneous structures include any structures, other than buildings, visible to view from any public way or ways. Street hardware includes all objects not commonly referred to as structures and located in streets and public ways and outside of buildings.

2.

Miscellaneous structures and street hardware located on private property shall be designed to be part of the architectural concept of design and landscape. Materials shall be compatible with buildings, scale shall be good, colors shall be in harmony with buildings and surroundings, and proportions shall be attractive.

3.

Miscellaneous structures and street hardware located in public ways and other public property shall be harmonious with design of adjacent buildings and other structures and landscape.

4.

Lighting in connection with miscellaneous structures and street hardware shall meet the criteria applicable to site, landscape, buildings and signs.

5.

The provisions of the zoning ordinance in regard to area and bulk regulations and standards, and of those portions of the building code which directly affect appearance, shall be part of the criteria of this subsection.

H.

Maintenance—planning and design factors.

1.

Continued good appearance depends upon the extent and quality of maintenance. The choice of materials and their use, together with the types of finishes and other protective measures, must be conducive to easy maintenance and upkeep.

2.

Materials and finishes shall be selected for their durability and wear as well as for their beauty. Proper measures and devices shall be incorporated for protection against the elements, neglect, damage and abuse.

3.

Provision for washing and cleaning of buildings and structures, and control of dirt and refuse, shall be included in the design. Such configurations that lend to catch and accumulate debris, leaves, trash, dirt and rubbish shall be avoided.

(Ord. of 2-14-2007; Ord. of 1-26-2011; Ord. of 5-22-2013; Ord. of 4-23-2014)