[Ord. No. 5814 §1(29.1), 4-27-2004]
The purpose of this Article is to articulate the basis for use
of certain special land use tools and techniques such as overlay and
design districts to supplement and modify basic zoning regulations
in parts of the City and provide a context within which these tools
are to be utilized to guide development and redevelopment where they
are applicable. This Article will also set out the procedures for
the Plan Commission, Architectural Review Board and Board of Aldermen
to adopt rules, standards and administrative procedures to amplify
on and implement the City's zoning and related ordinances.
[Ord. No. 5814 §1(29.2), 4-27-2004]
A.
Overlay
zoning districts are specific areas of the City for which special
regulations have been adopted to address specific subjects that require
special treatment in light of historic and/or topographic features,
existing land use circumstances within and near the district, geographical
characteristics and/or sound zoning policies.
B.
Each
overlay district shall be established by ordinance in accord with
the procedures provided in State law and this Code of Ordinances for
adoption of zoning ordinances. The area encompassed by each overlay
district shall be described in the adopting ordinance and shown on
the City's official Zoning Map.
C.
Where
an overlay district has been designated within the City, the regulations
of that overlay district shall supersede or supplement, as applicable,
the regulations of the base zoning district(s) and the provisions
of this Chapter of the Municipal Code. All property in an overlay
district shall be used and developed or improved in conformity with
the overlay district requirements as if such requirements were set
forth in this Chapter.
[Ord. No. 5814 §1(29.3), 4-27-2004]
A.
Design
districts are specific areas of the City for which special regulations
have been adopted to preserve and enhance the special character and
aesthetic value of designated areas of the City by providing criteria
for quality development and protection of the established character
of such area. The districts are intended to ensure compatibility of
infill development and renovations with adjacent structures and the
surrounding area and improve the predictability and consistency of
design regulations and review procedures.
B.
Each
design district shall be established by ordinance in accord with the
procedures provided in the State law and this Code of Ordinances for
adoption of zoning ordinances. The area encompassed by each design
district shall be described in the adopting ordinance and may be shown
on the City's official Zoning Map. The ordinance establishing a district
may include, or shall reference separately, the design standards being
adopted and to be required for all new structures and renovation of
existing structures within the district. Design standards may be established
to govern all aspects of the location and configuration of improvements,
architectural and aesthetic elements of all improvements, all landscaping,
all accessory structures, the height, scale, mass and design of all
structures and other features pertinent to the objectives which the
design district is intended to achieve.
C.
Where
a design district has been designated within the City, the regulations
of that design district shall supersede or supplement, as applicable,
zoning and building code regulations which would otherwise govern
property within the district. All new structures and renovation of
existing structures within a design district shall conform to the
applicable design standards as if such standards were set forth in
this Chapter.
[Ord. No. 5814 §1(29.4), 4-27-2004]
A.
Subject
to approval by the Board of Aldermen as hereinafter set forth, the
Plan Commission and the Architectural Review Board may adopt, promulgate,
revise, implement and enforce such rules and standards for the filing,
processing and review of applications and otherwise ordering and conducting
their affairs as may be consistent with the requirements of the ordinances
of the City and consistent with thorough and efficient consideration
of matters brought before them.
When the Plan Commission or Architectural Review Board proposes
to adopt or revise such rules or standards it shall submit a copy
thereof to the Board of Aldermen. The Board of Aldermen may, by resolution,
approve, reject, revise or delete all or any portion thereof. Upon
approval by the Board of Aldermen, at least one (1) copy thereof shall
be filed with the following officials for public inspection and copying:
the City Clerk, the Director of Public Works, the Director of Planning
and Development Services and the secretary of the Plan Commission
or Architectural Review Board. Thereafter, all applications to the
Plan Commission or Architectural Review Board shall be accepted and
processed under the rules and standards so adopted.
B.
The
Plan Commission may adopt, promulgate and revise uniform standards
and/or guidelines for evaluation of site and landscaping plans and
exterior lighting on property before the Plan Commission for review
in association with the development or use of property in the City.
Such standards may, among other elements, specify:
1.
Standards of site design, access, internal traffic flow, configuration
of improvements on lots, grading, drainage, stormwater control measures
and similar site elements; and/or
2.
Standards for site development, including the relationship of structures
to the site upon which they are located and the relationship of the
site and structures to existing or anticipated nearby structures and
properties; and/or
3.
The kind, amount, location and maturity of landscaping materials
and elements; and/or
4.
The amount, height, intensity, direction and appearance of exterior
lighting which have been determined to be appropriate for use in various
circumstances in the City, which shall be uniform in application within
similar areas of the City.
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In developing such standards, the Plan Commission shall consider:
good site design and sound planning standards and practices; the effect
of site design elements on adjoining and nearby land uses; the adaptability
of vegetation to the climate of the area; the effect of atmospheric
conditions on landscaping; the amount of maintenance necessary to
support landscaping in a healthy state; the longevity of landscaping
elements; the suitability of landscaping and exterior lighting elements
to accomplishment of the purpose for which the items are installed;
the desirability of limiting any negative impact upon surrounding
properties resulting from the use of a given property; and such other
considerations as may reasonably be related to promoting harmony among
different land uses and enhancement of the use, enjoyment and value
of property throughout the City.
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When the Plan Commission proposes to adopt or revise such standards,
it shall submit a copy thereof to the Board of Aldermen. The Board
of Aldermen may, by resolution, approve, reject, revise or delete
all or any portion thereof. Upon approval by the Board of Aldermen,
at least one (1) copy thereof shall be filed with the following officials
for public inspection and copying: the City Clerk, the Director of
Public Works, the Director of Planning and Development Services and
the secretary of the Plan Commission. Thereafter, all site and landscaping
plans and exterior lighting on property before the Plan Commission
for review in association with the development or use of property
in the City, or any modifications to existing site and landscaping
plans or exterior lighting, shall be reviewed and evaluated under
the standards and/or guidelines so adopted.
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C.
Subject
to approval by the Board of Aldermen as hereinafter set forth, the
Architectural Review Board may adopt, promulgate, revise and enforce
reasonable standards and/or guidelines for review and evaluation of
architectural elements of property and buildings in the City which
may come before the Architectural Review Board for review in association
with the development or use of property. Such standards may specify
standards for the design and appearance of structures which will promote
harmonious relationships between existing and proposed structures
and protect the utility and value of properties within the City.
In developing such standards, the Architectural Review Board
shall consider, among other things, design aspects which may impact
the use and appearance of property, the prevalence and adaptability
of various materials and exterior surfaces in the area in which the
property is located; the manner in which such standards will promote
the general welfare of the community and contribute to the preservation
and enhancement of property values; balancing creativity and innovation
with the promotion of harmonious relationships among existing and
proposed structures; avoiding garish, incongruent or incompatible
buildings or structures which would have a tendency to create visual
disharmony within the area; avoiding structures which are of limited
utility and adaptability or unusual, single-purpose buildings which
are likely to become vacant or unused in a relatively short time;
and development of coherent visual and aesthetic relationships throughout
the City and in the vicinity.
When the Architectural Review Board proposes to adopt or revise
such standards it shall submit a copy thereof to the Board of Aldermen.
The Board of Aldermen may, by resolution, approve, reject, revise
or delete all or any portion thereof. Upon approval by the Board of
Aldermen, one (1) copy thereof shall be filed with the following officials
for public inspection and copying: the City Clerk, the Director of
Public Works, the Director of Planning and Development Services and
the secretary of the Architectural Review Board. Thereafter, any applications
to the Architectural Review Board shall be subject to review, evaluation
and approval by the Architectural Review Board as to conformity with
the architectural standards so adopted. No permit or other authorization
for the matter reviewed will be issued or approved unless the Architectural
Review Board shall determine that the proposed work complies with
the standards authorized by this Subsection.
[Ord. No. 5814 §1(29.5), 4-27-2004]
Any person aggrieved by a determination of the Plan Commission
or Architectural Review Board as to compliance with standards adopted
as herein provided may request review and reconsideration of the matter
by the Board of Aldermen by filing a written application with the
City Clerk within fifteen (15) days after the determination in question
setting forth in detail all reasons asserted by the applicant as to
wherein and why the Plan Commission or Architectural Review Board
acted improperly in reference to the matter. Upon review the Board
of Aldermen may act summarily on the application as presented or hold
such hearings or other inquiry as it may determine and may affirm,
modify or reverse the determination of the Plan Commission or Architectural
Review Board as the Board of Aldermen may determine to be warranted
by the evidence before it.
