Chapter 2.38
DESIGN REVIEW BOARD1
Sections:
2.38.010 Created – Membership, terms, appointments, approval and compensation.
2.38.060 Roles and procedures.
2.38.010 Created – Membership, terms, appointments, approval and compensation.
A. There is established a design review board consisting of five members, plus an alternate and a construction advisor. The term of appointment to the board shall be four years and members can be reappointed for succeeding terms. Positions one, two, and five shall have terms expiring June 1st of succeeding years. Positions three and four shall have terms that expire December 1st of succeeding years. New appointments shall be made in a timely manner in order to assure staggering of time for appointments.
B. All members shall be appointed by the mayor and confirmed by a majority of the city council. Vacancies occurring other than through the expiration of a term shall be filled by the mayor with confirmation by a majority of the city council. Any member may be removed at any time by the mayor.
C. Members shall be selected without regard to political affiliation. Serving on the design review board requires residing within the boundaries of the Cascade School District or being a resident of Chelan County and owning a business within the city. Prior to appointment, members must demonstrate a fundamental knowledge of Old World Bavarian Alpine design and the purpose of the city’s ordinances regulating architectural design and signs. The mayor shall appoint members based on consideration of the candidates’ knowledge regarding the Old World Bavarian Alpine theme and/or demonstration of the following:
1. Travel throughout the Bavarian Alpine region of Bavaria;
2. Working or living in the Bavarian Alpine region of Bavaria;
3. Demonstrate a fundamental knowledge of Old World Bavarian Alpine architecture through the design or building of Old World Bavarian Alpine style structures;
4. Demonstrate a fundamental knowledge of Old World Bavarian Alpine design elements such as color, window treatment, murals, overhangs and building materials;
5. Demonstrate, via travel throughout Germany, Austria, and/or Switzerland, the ability to differentiate between regional design elements.
D. Members of the design review board, including the alternate and nonvoting construction advisor, who have completed and maintained all required training shall receive $50.00 for each design review board meeting they attend in full. Required training includes the Open Public Meetings Act and Public Records Act. Additional required training may be assigned by the mayor. “Attend in full” shall be defined to mean being in attendance via in person or on video for at least 80 percent of the meeting, as determined from the opening time to the adjourning time.
E. An alternate design review board member shall be appointed by the mayor, as outlined in subsection (B) of this section, and shall be selected as outlined in subsection (C) of this section. The alternate shall serve a term of four years from time of appointment and can be reappointed for succeeding terms. The alternate shall be called upon to attend design review board meetings which cannot obtain a quorum, and shall fill the seat of any regular member of the design review board that is absent. Should the full board be present and the alternate also be present, the alternate shall not make motions or vote but may participate in the discussion. The alternate shall automatically be appointed to a regular position should a vacancy in such position occur during the alternate’s tenure.
F. A nonvoting construction advisor may be appointed by the mayor, as outlined in subsection (B) of this section, and shall be selected as outlined in subsection (C) of this section. The advisor shall provide technical expertise to the design review board members when requested. They shall serve a term of four years from time of appointment and can be reappointed for succeeding terms. [Ord. 1645 § 1 (Att. A), 2022; Ord. 1609 § 1 (Att. A), 2020; Ord. 1426 § 1 (Att. A), 2012; Ord. 1311 § 1, 2008; Ord. 1169 § 1, 2001; Ord. 1127 § 1, 2000.]
2.38.020 Powers and duties.
A. Generally. The design review board shall perform all duties specified under Chapters 14.08 and 14.10 LMC, as the same now exist or are hereafter amended, together with any other duties or authorities which may be conferred upon them by the city council; provided, that nothing in this chapter shall be construed as limiting the right of the city to exercise any power granted to a code city as provided by law.
B. Rules and Procedures. The design review board may adopt rules of procedure for the conduct of meetings and other functions delegated to the design review board by the city council; provided, that the rules of procedure adopted are in accordance with state law and city ordinances. [Ord. 1645 § 1 (Att. A), 2022; Ord. 1609 § 1 (Att. A), 2020; Ord. 1426 § 1 (Att. A), 2012; Ord. 1127 § 1, 2000.]
2.38.030 Report to council.
The design review board shall, as requested by the council, make a written report to the mayor and city council. In its report, the design review board shall make written recommendations to the mayor and city council on matters that are covered under the prescribed duties and authority of the design review board. [Ord. 1645 § 1 (Att. A), 2022; Ord. 1609 § 1 (Att. A), 2020; Ord. 1426 § 1 (Att. A), 2012; Ord. 1127 § 1, 2000.]
2.38.040 Meetings.
The time and place of the board’s meetings shall be established in the bylaws. All meetings shall be open to the public and shall be conducted in accordance with Chapter 42.30 RCW, State Open Public Meetings Act, as the same now exists or is hereafter amended. [Ord. 1645 § 1 (Att. A), 2022; Ord. 1609 § 1 (Att. A), 2020; Ord. 1426 § 1 (Att. A), 2012; Ord. 1127 § 1, 2000.]
2.38.050 Quorum and voting.
A. Three members of the design review board shall constitute a quorum for the transaction of business.
B. A quorum shall be required for the transaction of any business of the design review board.
C. Each regularly appointed member, including the chairperson, shall be entitled to one vote on any matter that may come before the design review board. The alternate member shall vote when one of the regular members is absent; otherwise, the alternate shall participate but not vote. The record shall show the individual vote of each member.
D. Actions requiring a vote of the design review board must have a simple majority of the quorum present for a favorable vote.
E. If there are only three board members at a meeting and one member is subject to the appearance of fairness doctrine, the meeting may proceed under the doctrine of necessity. However, the board may postpone its review of an item until the next meeting if the affected applicant agrees to the postponement.
F. The design review board shall take action to approve, approve with conditions, deny, or continue a decision to another specified time and date on any matter which comes before it on which it is authorized to act. On any matter that the design review board is authorized to act, if there is failure to make a motion to approve, approve with conditions, or continue a decision on such matter, such shall be regarded as a denial. [Ord. 1645 § 1 (Att. A), 2022; Ord. 1609 § 1 (Att. A), 2020; Ord. 1426 § 1 (Att. A), 2012; Ord. 1127 § 1, 2000.]
2.38.060 Roles and procedures.
A. The design review board roles and responsibilities are defined in LMC 21.03.050.
B. All applications shall be processed consistent with LMC 21.09.050. [Ord. 1645 § 1 (Att. A), 2022; Ord. 1609 § 1 (Att. A), 2020; Ord. 1426 § 1 (Att. A), 2012; Ord. 1127 § 1, 2000.]
2.38.070 Appeals.
Any person aggrieved by a final decision on a sign or design application may appeal pursuant to LMC 21.11.025. [Ord. 1645 § 1 (Att. A), 2022; Ord. 1609 § 1 (Att. A), 2020; Ord. 1426 § 1 (Att. A), 2012.]
Prior ordinance history: Ords. 983, 992, 1012 and 1059.