§ 88-605-06. OVERLAY DESIGN REVIEW BOARD FOR NEIGHBORHOOD CONSERVATION OVERLAY DISTRICTS

88-605-06-A. ESTABLISHMENT AND PURPOSE

The overlay design review board is established for the purpose of reviewing applications for and recommending to the city plan commission and city council neighborhood conservation overlay districts and reviewing development applications and determining compliance with the standards and design guidelines incorporated in enabling neighborhood conservation overlay district ordinances. The overlay design review board may:

1.

evaluate applications for exterior building work, demolitions, and new construction per the guidelines and standards established for each overlay district;

2.

issue certificates of overlay design review board appropriateness and demolition; and

3.

review and make recommendations per the design guidelines and standards for zoning variances to the board of zoning adjustment.

88-605-06-B. MEMBERSHIP

1.

The overlay design review board shall consist of 5 core members plus 2 overlay district representatives from each neighborhood conservation overlay district.

2.

The mayor must appoint all members.

3.

All members serve without compensation.

88-605-06-C. TERMS

1.

Appointments must be for a term of 3 years, to expire on July 31 of the respective year, except that the core members of the first overlay design review board must serve the following terms: one for one year; 2 for 2 years; and 2 for 3 years. If appointed after commencement of the term, a member will be deemed to have served from August 1 of the respective year.

2.

All members may continue in office as such until the respective successors have been appointed and qualified.

3.

Appointing officials or bodies. The mayor must fill vacancies occurring for reasons other than the expiration of terms within 60 days of the vacancy for the period of the unexpired term.

4.

A member of the overlay design review board may be reappointed for a second term. After 2 consecutive terms or 6 years, a member is ineligible for reappointment until one calendar year has elapsed from the date of termination of their second term.

88-605-06-D. QUALIFICATION AND NOMINATION OF MEMBERS

1.

CORE MEMBERS

a.

The designated architect or a design professional serving on the historic preservation commission;

b.

Two additional members of the historic preservation commission;

c.

A member of the city plan commission;

d.

At least one person possessing a demonstrated interest in, competence in, or knowledge of urban planning.

e.

The historic preservation commission and the city plan commission may make recommendations to the mayor as to the appointment from the respective commission.

f.

Four of the five members must be residents of the city.

2.

DISTRICT REPRESENTATIVE MEMBERS

With the adoption of each overlay district, the mayor, upon recommendation of the overlay design review board, must appoint 2 representatives of that district to the overlay design review board. Representatives must be property owners, residents, tenants or business owners within the adopted district boundaries.

3.

PARK, BOULEVARD AND PARKWAY REPRESENTATION

The director of parks and recreation or designee shall serve as an ex-officio member of the board, without vote.

4.

LAPSED QUALIFICATIONS

A board member who no longer meets the qualifications for serving on the board will automatically be deemed to have resigned from the board without further action.

88-605-06-E. QUORUM, OFFICERS, MEETINGS

1.

OFFICERS

The board must elect a chair and vice-chair to serve one-year terms. The chair and vice chair must be core members.

2.

QUORUMS

a.

VOTING

1.

Core members vote on all issues to come before the overlay design review board.

2.

District representative members vote on all overlay design review board administrative issues and on those cases within the adopted boundaries of the overlay district.

b.

Recommendations for approval of an overlay district and approval of accompanying design guidelines and standards must be made by the core members.

c.

Recommendations for removal or modification of an overlay district and/or the accompanying design guidelines and standards must be made by the core members and the district representatives for the district under consideration.

d.

A majority vote of 3 core members and 1 voting district representative is required for district specific business (i.e. certificate of appropriateness, modifications to district design guidelines and standards, etc.).

e.

A majority vote is required for approval of overlay design review board administrative decisions, which include election of chair and vice-chair, election of district representatives to the nominating committee, adoptions of rules and regulations, or other matters as defined the rules and regulations.

3.

The board must establish a regular meeting time and must meet at least monthly, unless the chairperson and the city planning and development director or designee, jointly determine that there is no business requiring that a meeting take place, in which case meetings may be cancelled. The chair or a majority of the overlay design review board members may call special meetings.

4.

Board members must disclose any potential direct gain or loss that could flow from a board decision. It is recognized that most neighborhood conservation and pedestrian-oriented overlay district representatives may receive an indirect gain or loss that could flow from a board decision. Where a potential conflict of interest may be perceived but the board member has no tangible interest at stake, disclosure and affirmation of unbiased decision-making is still important. If a board member bases his or her decision on personal knowledge and expertise, it should be acknowledged in the record.

5.

The powers conferred upon the board must be exercised by resolution or motion and adopted by a majority vote of its voting members and recorded in the minutes with ayes and nays.

6.

All meetings of the overlay design review board must be in public. The chair, or in the chair's absence the vice-chair, may administer oaths and compel the attendance of witnesses. The board must keep minutes of the proceedings and reports, showing the vote of each member upon every question, or, if absent or failing to vote, indicating such fact, and must keep complete public records of this examination and other official actions on all proceedings before the board.

88-605-06-F. POWERS AND DUTIES

The overlay design review board must hear and decide all matters referred to it or upon which it is required to pass under this zoning and development code, including but not limited to:

1.

Review and make recommendations to the city plan commission regarding the designation of overlay districts per this zoning and development code, prepare documentation supporting such nomination, and maintain a register of designated overlay districts;

2.

Approve design guidelines and standards in accordance with this zoning and development code;

3.

Review, approve, conditionally approve, or deny ordinary maintenance, new construction, alterations, removals, and demolitions as approved in the design guidelines and standards governing each district, including review of plans for vacant lots through the issuance or denial of certificates of appropriateness;

4.

Review and make recommendations to the city plan commission the termination of an overlay district;

5.

Review and make recommendations to the board of zoning adjustment regarding authorized zoning variances pursuant to 88-565 as modified by the provisions of the ordinance creating each neighborhood conservation or pedestrian-oriented overlay district; and

6.

Undertake any other activities as provided for by the city council in a duly passed ordinance.

7.

From time to time, such rules and regulations as it may deem necessary to carry out its powers and duties.

88-605-06-G. MEETING ATTENDANCE

1.

Any core member who misses 3 consecutive regular meetings or one-half of the regular meetings in a calendar year without an excuse approved by the overlay design review board will be considered to have resigned from membership on the overlay design review board. In this event, the overlay design review board must notify the appointing body so that a replacement may be appointed.

2.

Any district representative member who misses 3 consecutive meetings where business regarding their district is on the agenda will be considered to have resigned from membership on the overlay design review board. In this event, the overlay design review board must notify the appointing body so that a replacement may be appointed.

88-605-06-H. EFFECTS OF DECISIONS

Unless appealed, the determinations of the overlay design review board on certificates of overlay design review board appropriateness and certificates for demolition or removal are final. Actions taken or recommendations made by the board that are subject to the review by the city plan commission, board of parks and recreation commissioners or the city council are not binding on those bodies, and the reviewing body may decide a matter contrary to recommendations or actions of the overlay design review board.

88-605-06-I. ENFORCEMENT

1.

No building permit, license, certificate, or other approval or entitlement may be issued or given by the city or any department or employee thereof with respect to any improvement subject to design review until the design of the improvement or demolition permit has been approved as provided in the overlay enabling ordinance. No certificate of use and occupancy or similar approval may be issued or given for any improvement subject to design review hereunder, unless and until the representative of the planning division has certified that the improvement has been completed in accordance with the design approved pursuant to the enabling overlay ordinance.

2.

After a certificate of appropriateness has been issued, the city planning and development director or designee must from time to time inspect the work undertaken pursuant to the decisions of the overlay design review board.

3.

Members of the overlay design review board are encouraged to, from time to time, tour overlay districts to familiarize themselves with the features of the districts and to observe the impacts of their decisions.

4.

The overlay design review board must establish a system for taking citizen complaints with regard to possible overlay ordinance violations.

5.

The overlay design review board may file a petition with the city planning and development director requesting inspection of specific projects for compliance with the requirements of the enabling overlay ordinance or overlay design review board decisions.

6.

The city planning and development director or designated staff must provide a quarterly report to the overlay design review board concerning number and nature of complaints filed, number and nature of inspections made, number of correction notices issued and steps taken or being taken to remedy violations.

88-605-06-J. ANNUAL REPORT

The overlay design review board must provide an annual report to the city council on its activities for the past year.

(Ord. No. 150064, § A, 2-26-2015)