The mayor and council of the City of Sylvania, under its powers to protect the welfare of its citizens, find it desirable to provide by ordinance for the preservation of the aesthetic beauty of Sylvania, and further to promote the maintenance of property values and an adequate tax base for its citizens, by requiring the approval by a planning and design commission as hereinafter established of the building design and architectural compatibility of new improvements made in R-1, R-2, R-3, PI, C-1, C-2 and H zones within the City of Sylvania.

(Ord. No. 360, § IV, 10-6-98)

Architectural feature. The exterior architectural treatment and general arrangement of the portions of an improvement and site as shall be open to external view, including, but not by way of limitation, the kind, color and texture of building materials, types of windows and doors, attached or detached signs, and other fixtures appurtenant to such portions.

Improvements. Any new construction or remodeling or additions to an existing structure which in any way affects the "architectural feature," as defined above, of the structure.

Neighborhood. An area within 500 feet of any part of an improvement.

Surrounding area. An area within 500 feet of any part of an improvement.

There is hereby created a planning and design commission for the city, which shall have the powers, duties and functions as hereinafter provided.

14-3.1. Membership. The planning and design commission shall consist of five members, two of which shall be selected from the professions of architecture, real estate broker or agent, civil engineering, building construction or surveying. The remaining members shall be lay persons. Any three of the five members shall constitute a quorum and may act. Each member shall be a resident of the State of Georgia. One member shall be appointed for a four-year term, two members for a three-year term. Any person appointed to fill a vacancy shall serve the remainder of the unexpired term. Any member whose term has expired shall continue to serve into the successive term for a like term until such member voluntarily resigns or a different person at some point in time is appointed for the next successive term. The mayor shall appoint all members of the planning and design commission, subject to confirmation by council. The mayor, with the concurrence of a majority of the council, shall have the authority to remove any members without cause.

14-3.2. Meetings. All meetings of the planning and design commission shall be called by the building inspector for the City of Sylvania. Such meetings shall be held within ten days of the receipt of an application for a building permit by the building inspector unless such time period is waived by the applicant. The meeting shall be chaired by the building inspector, who [shall] have no vote except in the event of a tie.

14-3.3. Powers of the commission. No building permit or other required permit shall be issued by the city for any improvement except upon prior approval of the planning and design commission, and no significant changes shall be made in or to an architectural feature of any improvement without the prior approval of the planning and design commission. Deviations from a plan approved by the planning and design commission shall be permitted only upon the filing and approval of an amended plan.

14-3.4. Action by planning and design commission. The planning and design commission shall approve or disapprove the issuance of a building permit based only upon the criteria set forth in this ordinance. Approval or disapproval shall be within ten days of the meeting of the planning and design commission, unless such time period is waived by the applicant, which approval or disapproval shall be set forth in writing. In the event of disapproval, the reasons for disapproval shall be set forth. Nothing contained herein shall in any way limit the powers of the building inspector to issue or deny building permits within any timeframe allowed based upon other applicable laws, ordinances or regulations, except that the building inspector shall issue no building permit until approved by the planning and design commission.

14-3.5. Appeal. Any applicant for a building permit may appeal the decision within a reasonable time, in accordance with section 8-3016-1 et seq. of [appendix B of] the Code of Ordinances of the City of Sylvania, to the zoning board of adjustment.

An applicant seeking planning and design commission approval shall submit to the building inspector prior to the meeting of the planning and design commission a site plan and exterior elevations of the improvement, together with a detailed explanation of the kind, color and texture of building materials, types of windows and doors, attached or detached signs and other fixtures appurtenant to portions of the improvement and site, as shall be open to external view. The building inspector shall in turn refer such documents to the planning and design commission at or prior to the meeting.

The planning and design commission shall make decisions based only upon the following criteria:

14-5.1. Relationship of building and site to surrounding area:

(a)

The height and scale of each improvement shall be compatible with its site and adjoining improvements.

(b)

Harmony in textures, lines and masses shall be provided in the design of buildings in the surrounding area.

(c)

Attractive landscape transition to adjoining properties shall be provided.

(d)

Any nonresidential buildings in an R-1 or R-2 zone shall be consistent with the established neighborhood character.

(e)

There shall be harmony of "architectural feature" (as defined herein) of each improvement with the established neighborhood character and surrounding area.

14-5.2. Building design:

(a)

While no particular architectural style is prohibited by this ordinance, evaluation of a project shall be based on quality of its design and relationship to surroundings.

(b)

Buildings shall be of proportionate size to be in harmony with permanent neighborhood development.

(c)

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

(d)

Colors shall be used harmoniously and with restraint. Excessive brightness and brilliant colors should be avoided, except when used for accent, and then only where appropriate.

(e)

Design attention shall be given to mechanical equipment or other utility hardware on roof, ground or buildings so as to screen them from view.

(f)

Exterior lighting shall be part of the architectural concept. Fixtures, standards and all exposed accessories should be harmonious with building design.

(g)

Monotony of design in single or multiple building projects shall be avoided. Variety of detail, form and siting shall be used to provide visual interest. In multiple buildings projects, variable siting of individual buildings may be used to prevent monotonous appearance.

14-5.3. Signs:

(a)

Signs, where allowed by other law or ordinance, shall be part of the architectural concept. Size, materials, color, lettering, location, number and arrangement shall be harmonious with the building design.

(b)

The number of signs shall be minimized in order to avoid visual clutter.

(c)

Colors shall be used harmoniously and with restraint. Excessive brightness and brilliant colors should be avoided. Lighting shall be harmonious with the design. If external spot[lighting] or floodlighting is used, it shall be arranged so that the light source is shielded from view.

The planning and design commission is authorized to appoint one of its members to act for the commission as a whole without the necessity of a meeting of the commission as a whole for single-family residential dwellings and accessory buildings to single-family residential dwellings only. Provided, however, if either the building inspector or such designated member of the planning and design commission fails to approve any such structure under this special provision, a meeting of the commission as a whole shall be held in accordance with the provisions of this ordinance.

Notwithstanding any other provisions of the design regulations set forth in sections 8-3014-1 through 8-3014-6, said regulations shall be applicable in areas within developmental zones within the city. In developmental zones, the terms "neighborhood" and surrounding area" are defined to mean an area within 1,500 feet of any part of an improvement located in an area zoned R-1, R-2, R-3, P-1, C-1, or C-2. In the event there is no improvement within 1,500 feet of the building site for which a building permit is requested within an area zoned R-1, R-2, R-3, P-1, C-1 or C-2, the design regulations shall be inapplicable to the structure for which a building permit is requested.

(Ord. No. 335, § III, 7-5-94)

Notwithstanding any other provision of the design regulations set forth in sections 8-3014-1 through 8-3014-7, this article shall not be applicable to an historic property or to properties within an historic district after the property or district has been designated as an historic property or district by the city council under the city's historic preservation ordinance. After such designation, such properties shall fall under the jurisdiction of the historic preservation ordinance and dealt with in accordance with said ordinance by the historic preservation commission.

(Ord. No. 449, 2-3-09)

Cross reference— Historic properties and districts, ch. 14, art. IV.