Chapter 17.06A
DESIGN REVIEW
Sections:
17.06A.010 Purpose.
17.06A.020 Applicability.
17.06A.030 Design review and approval – Central Business District.
17.06A.040 Design departures.
17.06A.050 Modifications.
17.06A.060 Lapse of approval.
17.06A.070 Appeals.
17.06A.010 Purpose.
A. The purpose of this chapter is to provide a quick and efficient process for the review of proposed developments, activities or uses that require the application and compliance of the city’s design standards.
B. The design review process is structured to allow the city and the applicant to work closely and cooperatively to comply with relevant design standards and to allow for creative design and diversity of project architecture. (Ord. 2674 § 7, 2007; Ord. 2600 § 4, 2005)
17.06A.020 Applicability.
A. All development in the Central Business District shall comply with the design standards pursuant to the following chapters:
1. Chapter 17.120 BMC, Downtown Design Standards (BMC 17.120.020, Adoption and applicability).
2. Chapter 17.119 BMC, Wharf Zoning District Design Standards (BMC 17.119.020, Applicability).
B. Design review within the Central Business District shall be undertaken pursuant to BMC 17.06A.030 when required.
C. When design review is required, the applicant must demonstrate compliance with relevant design standards before a building permit can be approved and issued by the city. (Ord. 2674 § 7, 2007; Ord. 2600 § 4, 2005)
17.06A.030 Design review and approval – Central Business District.
A. Design Review Authority.
1. Design review for structures within the Central Business District – Market and Transition districts shall be undertaken by a third-party review specialist (a private sector licensed architect) and the community development director.
2. Design review for projects within the Central Business District – Wharf district shall be undertaken by a third-party review specialist, a representative from the Port of Bellingham, and the community development director.
3. The review specialist must be a licensed architect and selected by the city council for a one-year term.
4. The review specialist shall charge an hourly fee for design review services agreed to under contract.
5. The applicant shall compensate the city for expenses incurred for project-specific design review.
6. The community development director shall fully consider final recommendations of the review specialist before making a final determination of design compliance.
B. Pre-Design Clarification. An applicant is encouraged to meet with the director prior to submitting a project proposal for design review to discuss a project concept, establish which design standards apply to the proposed development, and to determine what drawings, perspectives or other materials the applicant will need to submit with the design review application.
C. Design Review Submission.
1. If a development permit is required, the applicant shall submit to the community development services department a conceptual design review application and three sets of related material as an integrated element of the development permit application.
2. If no development permit is required, the applicant shall submit an independent design review application with three sets of related material prior to submitting an application for a building permit.
D. Design Review.
1. Upon receipt of a complete conceptual design review application, the director will schedule a review meeting within 10 working days of the submission of a complete application. The applicant is encouraged to attend the meeting.
2. The review team shall review the conceptual design review application materials for compliance with the relevant design standards and policy direction and either approve, conditionally approve or deny the proposal.
3. The terms of design review approval will become conditions of approval applying to each subsequent development permit. No subsequent development permit will be issued unless it is consistent with the design approval.
4. The director shall send written notice of decision to the applicant and all other parties who participated in the conference(s) within five working days of the approval. (Ord. 2674 § 7, 2007; Ord. 2600 § 4, 2005)
17.06A.040 Design departures.
A. If a design departure is requested by the applicant, the design review decision, including the requested design departure, shall be reviewed and decided upon using the process contained in BMC 17.06A.030.
B. The director may grant a design departure only if the director finds that the following requirements are met:
1. The design departure request results in superior design and fulfills the policy basis for the applicable design standards;
2. The design departure will not have any substantial detrimental effect on nearby properties and the city or the neighborhood. (Ord. 2674 § 7, 2007; Ord. 2600 § 4, 2005)
17.06A.050 Modifications.
The director may independently approve a modification to a final design if:
A. The modification is minor and will not, in any substantial way, change the proposed development or violate any requirement contained in the design approval decision; and
B. The development that will result from the modification will be consistent with the design standards and comprehensive plan. (Ord. 2674 § 7, 2007; Ord. 2600 § 4, 2005)
17.06A.060 Lapse of approval.
A. Unless otherwise specified in the decision granting design review approval, the applicant must begin construction or submit to the city a complete building permit application for development of the subject property consistent with the design review approval within one year after the final design approval or that final decision becomes void. The applicant must substantially complete construction consistent with the design review approval and complete all conditions listed in the final design review approval within three years or the final decision becomes void. “Final decision” means the final decision of the director.
B. Extensions. The applicant may apply for a one-time extension, of up to one year, of the time limits under subsection A of this section. (Ord. 2674 § 7, 2007; Ord. 2600 § 4, 2005)
17.06A.070 Appeals.
Appeals of a final decision shall be submitted pursuant to BMC 17.06.180, Appeals. (Ord. 2674 § 7, 2007; Ord. 2673 § 2, 2007; Ord. 2600 § 4, 2005)