[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.
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.
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.
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.