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Ordinance No. 74-10 CITY OF TIGARD, OREGON ORDINANCE No. 74- 10 } AN ORDINANCE AMENDING AND SUPPLEMENTING TITLE 1B OF THE TIGARD Etg MUNICIPAL CODE BY ADDING THERETO A NEW CHAPTER DESIGNATED Chapter 18.59, PROVIDING FOR ARCHITECTURAL DESIGN REVIEW BY THE "SITE DEVEL- OPMENT PLAN AND DESIGN REVIEW BOARD"; DESCRIBING THE PURPOSES THEREOF, PRESCRIBING JURISDICTION AND POWERS OF THE BOARD, AND PROCEDURES, CRITERIA AND STANDARDS OF REVIEW; PROVIDING FOR APPEALS FROM BOARD DECISIONS TO THE CITY COUNCIL; PRESCRIBING EFFECTIVE DATE. _ THE CITY OF TIGARD ORDAINS A5 FOLLOWS: Section 1: That Title 18 of the Tigard Municipal Code be, and the same is, hereby amended and supplemented by adding thereto a new chapter designated "Chapter 18.59 - ARCHITECTURAL DESIGN REVIEW" reading as follows: 1118.59.010 Jurisdiction and Powers of Design Review Board. "(a) Except for single family residential dwellings, (R-7, R-15, R-3D), no building permit shall be issued for a new building or major remodeling of an existing building, until the plans, drawings, sketches and other documents required under Section 18.59.040 have been revisued and approved by the Board in conformity with the criteria specified in Section 18.59.030. "(b) Nothing in this subsection shall be construed to prevent ordinary repair, maintenance and replacement of any part of the building or landscaping which does not involve a substantial change from the goals and objectives of Section 18.59.020. Proposed 'substantial changes' shall be submitted to the Design Review Board for approval and shall be subject to the procedures and requirements of the design review process applicable to neu proposals. "18.59.020 Purpgse. Excessive uniformity, dissimilarity, at inappropri3ness or poor quality of design in the exterior appearance of structures in the business, commercial, industrial and certain residential areas of the city hinders the harmonious development of the city, impairs the desira- bility of residence, investment or occupation in the city, limits the opportunity to attain the optimum use and value of land and improvements, adversely affects the stability and value of property, produces degeneration of property in such areas with attendant deterioration of conditions affecting the peace, health and welfare of the city, and destroys a proper relationship between the taxable value of property and the cost of municipal services therefore. "Therefore, the purposes and objectives of design review are to: (1) Encourage originality, flexibility and innovation of architectural design: Page 1 ORDINANCE No. 74- 16 $ .y C (2) Discourage monotonous; drab; unsinhfly; dre8ry and inharmonious architecture; (;) r�Qnserv9 the rity'8 ndtdral heaut•y :an_ visuai character and charm by insuring that structures are properly related to their sites, and to surrounding sites and structures, with due regard to the esthetic qualities of the natural terrain and landscaping, and that proper attention is given to exterior appearances of structures; (4) Protect and enhance the city's appeal to tourists and visitors and thus support and stimulate business ani industry and promote the desirability of investment and occupancy in business, commercial and industrial properties; (5) Stabilize and improve property values and prevent blighted areas and, thus, increase tax revenues; (6) Achieve the beneficial influence of pleasant environments for living and working on behavioral patterns and, thus, decrease the cost of governmental services; (7) Foster civic pride and community spirit so as to improve the quality and quantity of citizen participation in local government and in community growth, change and improvement. (8) Sustain the comfort, health, tranquility and con- tentment of residents and attract new residents by reason of the city's favorable environment; and thus, to promote and protect the peace, health and welfare of the city. 1118.59.030 Criteria and Standards. The Board shall, in exercising or performing its powers, duties or functions, determine whether there is compliance with the following: "(a) The proposed structure is in harmony with other developments in the general neighborhood. "(b) The location, design, color and materials of the exterior of all structures are compatible with the pro- posed development and appropriate to the character of the immediate neighborhood. "The Board in making its determination shall be guided by the objectives of Section 16.59.020 and such objectives shall serve as additional criteria and standards. 1118.59.040 Procedure. A prospective applicant for a build- ing permit sRall, if subject to design review, submit to the City Planning Department the following: "(a) Architectural drawings or sketches, drawn to scale, including floor plans, in sufficient detail to permit computation of yard requirements and showing all elevations of the proposed structures and other improvements as they will appear on completion of construction. "(b) Specifications as to type, color and texture of exterior surfaces of proposed structurQ4. , } Page 2 - ORDINANCE No. 74- /v f j "The Citv Planninq Director, or his designate, shall review all drawings, plans and specifications submitted for design review. If he finds that they meet all other require- ments of the ordinances of the City, he shall forward them to the Design Review Board. _ "Within 30 days from the date of submission to the City Planning Department, the Board shall approve, approve with conditions, or reject the plans of the applicant. Failure of the Board to so act within the 30-day period shall const- itute approval, unless the applicant consents to an extension of time. "If the Design Review Board disapproves the plans, it shall submit its findings in writing, together with reasons, to the applicant. "A decision of the Board shall become effective 10 days after the date of the decision, unless the decision is appealed to the Council. If the decision of the Board is appealed,-to the Council, the decision of the Council shall become effective immediately. 1118.59.050 Ualidit Period. A plan approved by the Design Review Doard shal remain valid for a prariod of ora year fol- lowing the date of its approval. If at the end of that time construction has not begun, then the plan approved shall lapse and shall be in effect only if resubmitted to the Board and approved again. All construction under any build- ing permit shall be in accordance with the plan approved by the Board. Any departure from such plan shall be a cause for revocation of a building permit or a denial of an occu- pancy permit. Any proposed changes in an approved plan shall be submitted to the Board for review and approval. - 1118.59.060 Appeals. Appeals shallbe govern�id by the following: "(a) A decision of the Board may be appealed to the City Council by the applicant, the City Planning Director, or any substantially aggrieved property owner within 200 feet of the outer boundaries of the property involved in the Board's decision. The appeal shall be filed in writing with the City Planning Director within 7 days after the Board has rendered its decision. An applicant shall have the right to appeal a decision of the Board atanytime within 15 days after the Board has rendered its decision, if a request for an extension of time to appeal is filed in writing with the City Planning Director within 7 days after such decision. "(b) The City Planning Director shall forthwith cause an appeal to be placed on the agenda for the next regularly scheduled Council meeting. The Council shall consider the appeal at such meeting and shall affirm, modify and affirm, or reverse the decision of the Board by a majority vote as it may deem appropriate regarding such application consistent with the objectives of Section 18.59.020." Page 3 - ORDINANCE No. 74- o 9 '� e Section 2 This ordinance shall be eftective on.and after the 31st day of emits passage by the Council and approval of the Mayor. PASSED: By unanimous vote of all Council members present, after being read three times by title and number only, this 29thday of January , 1974. � Q Recorder - City of Tiga (, APPROVED: By the Mayor, this 29th day of Jafwary , 1974. Mayor _fCity o igatd Page 4 ORDINANCE No. 74-_Z� G