Chapter 15.44
DESIGN REVIEW
Sections:
15.44.010 Intent.
15.44.020 Review authority.
15.44.025 General requirements.
15.44.030 Standards for review.
15.44.040 Design review established.
15.44.050 Duties and procedures.
15.44.060 Authority of committee.
15.44.065 Effect of decision.
15.44.070 Waivers.
15.44.075 Appeal.
15.44.080 Additional duties.
15.44.090 Compliance with building code.
15.44.100 Enforcement.
15.44.010 Intent.
The intent of design review is to encourage better design and site planning throughout the city of developments which are significant in impact; encourage developments which feature amenities designed to strengthen a sense of community; to minimize potential incompatible uses; and to increase community property values. (Ord. 1642-09 § 1 (Exh. A)(part), 2009: Ord. 1486-04 § 5 (part), 2004)
15.44.020 Review authority.
A. Central Business District. All new construction, alterations, demolition, or remodeling of existing buildings, and all exterior changes, including but not limited to change in paint color or materials, windows, awnings, permanent window signs, and all other signs, except for residential dwellings not used for commercial purposes within the central business district as delineated on the city zoning map, shall comply with this chapter.
B. All Other Zones. In all other land use zones throughout the city, the following land use actions and permits shall comply with this chapter:
1. All planned residential developments;
2. All permits and land use actions which require environmental review under Chapter 2.88. (Ord. 1642-09 § 1 (Exh. A)(part), 2009: Ord. 1486-04 § 5 (part), 2004)
15.44.025 General requirements.
A. All applications for building permits or approvals required by this chapter shall be accompanied by three complete sets of plans and blueprints clearly defining the construction, changes, alterations or remodeling and stating the proposed location, dimensions, and all colors accurately portrayed and type of construction and design. Such plans and blueprints shall be drawn to scale and shall clearly define the roofing materials and siding materials to be used together with the finish, paint or other procedure to be used or applied on all exterior walls and trims. In the central business district, the applicant shall include plans showing the partial building elevations of the adjacent buildings showing modulations and materials of the building facades.
B. The application and plans shall state a contemplated date of commencement and completion of such construction, change, alteration or remodeling. Such plans shall become the property of the city upon submission of the application.
C. Additional information may be required such as a vicinity map, legal description, topographic survey showing contours, existing structures and environmental conditions, photographs identifying existing characteristics of the site, grading plan, building plans, landscaping plans, parking and access plans, special studies, or SEPA checklist as required by the director.
D. Fees. Fees for design review shall be established by resolution of the Sedro-Woolley city council. (Ord. 1642-09 § 1 (Exh. A)(part), 2009: Ord. 1518-05 § 1, 2005: Ord. 1486-04 § 5 (part), 2004)
15.44.030 Standards for review.
A. All applications subject to design review shall comply with the city of Sedro-Woolley design standards and guidelines as adopted by the city.
B. The city of Sedro-Woolley design standards and guidelines shall be adopted by the city council following a recommendation by the planning commission. The city of Sedro-Woolley design standards and guidelines shall be adopted by ordinance in the same manner as a development regulation. (Ord. 1642-09 § 1 (Exh. A)(part), 2009: Ord. 1486-04 § 5 (part), 2004)
15.44.040 Design review established.
A. The planning department shall perform design review under this chapter.
B. Any party who wishes to move the decision of the director to the planning commission as a de novo hearing may do so as a Type I land use process under Chapter 2.90. (Ord. 1642-09 § 1 (Exh. A)(part), 2009: Ord. 1486-04 § 5 (part), 2004)
15.44.050 Duties and procedures.
Applications submitting any activity regulated by this chapter shall be made to the planning department. (Ord. 1642-09 § 1 (Exh. A)(part), 2009: Ord. 1486-04 § 5 (part), 2004)
15.44.060 Authority of committee.
The planning department shall have authority to approve, approve with conditions, or deny an application made pursuant to the provisions of this chapter. The planning department may consider modified plans, or attach conditions to an approval of an application. The action of the planning department shall be supported with specific findings of fact, and shall reference the Sedro-Woolley design standards and guidelines and other relevant documents. A copy of the approved plans shall be placed in the permit file. (Ord. 1642-09 § 1 (Exh. A)(part), 2009: Ord. 1486-04 § 5 (part), 2004)
15.44.065 Effect of decision.
The decision of the planning department shall be documented and incorporated into the accompanying approvals, if any, for the permit, land use action, or other approval, and shall be binding on the applicant and his successors in interest. The city may reduce the approval to a document or plan which shall be incorporated into the approved plans for the project. For example, specific conditions for the location of open space pursuant to a requirement of the design manual may be incorporated into a subdivision approval. (Ord. 1642-09 § 1 (Exh. A)(part), 2009: Ord. 1486-04 § 5 (part), 2004)
15.44.070 Waivers.
Waivers to the required elements of the design standards manual may be allowed by the planning department if the applicant demonstrates that the overall project meets the intent of the design manual and other adopted standards, through the incorporation of “encouraged” design elements from the city of Sedro-Woolley design standards and guidelines or other significant design elements which accomplish the same purpose. In evaluating alternative design elements, the planning department may consider the testimony of an architect or other design professional in making its decision. (Ord. 1642-09 § 1 (Exh. A)(part), 2009: Ord. 1486-04 § 5 (part), 2004)
15.44.075 Appeal.
Any applicant who is not satisfied with the decision of the planning department may appeal the decision as part of an appeal of the underlying permit, following the procedures set forth in Chapter 2.90 to the extent applicable. Such request for an appeal must be made in writing to the planning department within fourteen days of the decision. (Ord. 1642-09 § 1 (Exh. A)(part), 2009: Ord. 1486-04 § 5 (part), 2004)
15.44.080 Additional duties.
The planning department shall review mural applications. The department may also facilitate business community input into downtown revitalization plans or programs designed to enhance the appearance of, and promote, the central business district. It is not intended that the department replace existing organizations whose purpose is to promote such plans or programs, but rather to ensure that such programs or plans incorporate or complement, as appropriate, the adopted standards and intent of this chapter. (Ord. 1642-09 § 1 (Exh. A)(part), 2009: Ord. 1486-04 § 5 (part), 2004)
15.44.090 Compliance with building code.
The terms, provisions and requirements of this chapter shall be in addition to and not in lieu of the requirements as set forth in the most recently adopted building code, or any other ordinance, state statute or regulation applicable to the city. (Ord. 1642-09 § 1 (Exh. A)(part), 2009: Ord. 1486-04 § 5 (part), 2004)
15.44.100 Enforcement.
A. Civil Penalty. Violation of any of the terms and provisions of this chapter is deemed to be a civil infraction. Written notice shall be given by the city to the violator which written notice shall set forth the alleged violation and shall allow a reasonable time for the correction of such alleged violation. For purposes of this section, reasonable time for any nonstructural violation shall be not less than five days and reasonable time for any structural violation or violations including extensive remodeling shall not be less than twenty days. If said violation is not corrected within the time limit set forth in said notice, then and thereafter each day during which said violation exists shall be deemed to be a separate infraction. Any infraction under this chapter shall be punishable by a civil penalty in the amount of two hundred fifty dollars for each such infraction. Any offending building or structure or part thereof shall be removed at the owner’s expense.
B. Injunction and Abatement. The city, through its authorized agents, may, in addition to any other remedy provided herein, initiate injunction or abatement proceedings or other appropriate action in the appropriate court of law against any person who violates or fails to comply with any provision of this chapter or against the owner or user of any building or structure or part thereof which violates this chapter to prevent, enjoin, abate, or terminate violations of this chapter.
C. Remedies Cumulative. The remedies provided herein are cumulative and not alternative remedies and are in addition to any other remedy to which the city may be entitled by law. (Ord. 1642-09 § 1 (Exh. A)(part), 2009: Ord. 1486-04 § 5 (part), 2004)