Chapter 20.614

     DESIGN REVIEW

Sections:

20.614.010 Applicability.
20.614.020 Application for design review.
20.614.030 Procedures for design review.
20.614.040 Findings.
20.614.050 Decision on design review and appeal.

      20.614.010 Applicability.
      A. Development subject to design review shall include all new construction, exterior remodeling, additions, or changes in use requiring additional parking, which involves structures used for multi-family residential, commercial, industrial or public purpose and are identified as permitted subject to design review in the specific zoning districts. No building permit shall be issued for a development subject to design review until a design review has been approved in accordance with this chapter and conditions of approval have been met.
      B. The following uses are exempt from the design review requirements:
            1. Interior remodels which do not result in substantial changes in the character of the occupancy or use, or cause greater impact on traffic, water or sewer usage, as determined by the director;
            2. Repair and maintenance of structures or parking areas constrained by the existing structure and not altering existing drainage patterns or easements;
            3. Replacement or repair of a structure partially destroyed by fire, flood or other natural occurrence, when the repair of such structure is determined by the director to be consistent with the design, use and intensity of the original structure and consistent with the zoning and master plan designations;
            4. Reductions of floor area or building area within a previously approved design review where it is determined that the modification would not result in a significant change in site design, building design, or functionality of the site;
            5. Single-family residential development.
      C. The following projects are subject to minor design review:
            1. Accessory dwelling units;
            2. Expansions of multi-family residential, institutional, commercial or industrial buildings of less than 25% in total floor area, where the proposed expansion will not cause increased impacts on existing infrastructure and public services, as determined by the director;
            3. Changes in use requiring additional parking, where the proposed use will not cause increased impacts on existing infrastructure and public services, as determined by the director, and the use is proposed in existing structures;
            4. Exterior remodeling;
            5. Residential multi-family projects consisting of two dwelling units.
            6. Telecommunications sites as defined in section 20.660.130.H.

            7. Non-commercial telecommunications site, multiple structures, or those not meeting setback or height requirements, including station antenna structures, as defined in section 20.660.150(I), with notice to adjoining landowners, pursuant to section 20.20.040.  (Ord. 1036, 2003; Ord. 1007, 2002; Ord. 871, 1997; Ord. 801, 1997; Ord. 763, 1996; Ord. 641, 1994; Ord. 501, 1989; Ord. 400. 1982; Ord. 205, 1973; Ord. 196, 1972; Ord. 167, 1968)   

      20.614.020 Application for design review.
      A. An application for design review may be submitted by the property owner or by an agent on the owner’s behalf.
      B. The application shall be submitted in accordance with chapter 20.04 to the community development department. The application shall be processed as provided in chapter 20.04.
      C. If the design review is submitted concurrent with a request for a division of land, an application for a land division permit shall be submitted in conjunction with the application for design review.  Approval of the design review shall not become effective until final approval of the land division permit; provided, that if the land division is proposed in phases, the approval of the design review shall take effect upon final approval of the phase of the land division containing the property on which the design review is to be located. (Ord. 763, 1996)    

      20.614.030 Procedures for design review.
      The director shall be the final decision-maker for design review applications.  Design review applications are subject to administrative review and do not require a public hearing.  Notice of the filing of the project shall be in accordance with section 20.20.040. (Ord. 763, 1996; Ord. 501, 1989; Ord. 400, 1982; Ord. 167, 1968)    

      20.614.040 Findings.
      When considering applications for design review, the director shall evaluate the impact of the design review on and its compatibility with surrounding properties and neighborhoods to ensure the appropriateness of the development and make the following findings:
      A. The proposed development is consistent with the goals and policies embodied in the adopted master plan and the general purpose and intent of the applicable district regulations;
      B. The proposed development is compatible with and preserves the character and integrity of adjacent development and neighborhoods and includes improvements or modifications either on-site or within the public rights-of-way to mitigate development related adverse impacts, such as traffic, noise, odors, visual nuisances, or other similar adverse effects to adjacent development and neighborhoods.  These improvements or modifications may include but shall not be limited to the placement or orientation of buildings and entryways, parking areas, buffer yards, and the addition of landscaping, walls, or both;
      C. The proposed development will not generate pedestrian or vehicular traffic which will be hazardous or conflict with the existing and anticipated traffic in the neighborhood;
      D. The proposed development incorporates roadway improvements, traffic control devices or mechanisms, or access restrictions to control traffic flow or divert traffic as needed to reduce or eliminate development impacts on surrounding neighborhood streets;
      E. The proposed development incorporates features to minimize adverse effects, including visual impacts, of the proposed development on adjacent properties;
      F. The project is not located within an identified archeological/cultural study area, as recognized by the county. If the project is located in a study area, an archeological resource reconnaissance has been performed on the site by a qualified archeologist and any identified resources have been avoided or mitigated to the extent possible per the findings in the report;
      G. The proposed development complies with all additional standards imposed on it by the particular provisions of this chapter, the Douglas County design criteria and improvement standards and all other requirements of this title applicable to the proposed development and uses within the applicable base zoning district, including but not limited to, the adequate public facility policies of chapter 20.100; and
      H. The proposed development will not be materially detrimental to the public health, safety, convenience and welfare, or result in material damage or prejudice to other property in the vicinity. (Ord. 763, 1996)    

      20.614.050 Decision on design review and appeal.
      A. The director shall approve, deny or conditionally approve the design review within 30 working days of the project being deemed complete in accordance with chapter 20.04.  Appeal of the director’s decision shall be to the planning commission.
      B. The director in his sole discretion may refer the design review for review and decision by the planning commission in lieu of rendering a decision on the application.  In such event, the planning commission shall consider the design review at a public hearing and render its decision in accordance with section 20.28.020.  Appeal shall be to the board in accordance with section 20.28.020.  The planning commission and the board shall apply the standards set forth in this chapter in acting on the design review.
      C. The director shall approve, deny or conditionally approve a minor design review within five working days of the project being submitted to the community development department. (Ord. 801, 1997; Ord. 763, 1996; Ord. 641, 1994; Ord. 501, 1989; Ord. 167, 1968)