Title 19 ZONING
Chapter 19.45 DESIGN REVIEW BOARD
19.45.010 Design review board established.
19.45.015 Intent.
19.45.020 Membership--Appointment--Term--Compensation--Vacancy--Removal.
19.45.030 Meetings--Notice--Rule promulgation--Records--Quorum.
19.45.035 Residential design variance criteria.
19.45.040 Decision by the design review board.
19.45.010 Design review board established.
A design review board is established for the purpose of reviewing exterior
design of buildings proposed for construction of multifamily dwellings, the
construction, reconstruction or remodeling of commercial buildings in all
commercial zones and signs as required in Chapter 19.33 of this code. Those
appointed should be capable of the following:
A. Reading and understanding
building design drawings;
B. Having an appreciation of architecture and
landscape architecture;
C. Having an understanding and appreciation of the
“European/Dutch” theme proposed in the Front Street area. (Ord. 1000
§ A(part), 1995).
19.45.015 Intent.
The intent in establishing the design review board is to enhance the
character of the commercial and multifamily areas, provide a visible linkage
between the downtown and other commercial areas, and ensure that new development
maintains or enhances the character and aesthetic appearance of neighborhoods.
The guidelines adopted by the design review board and the city council will be
considered as a tool for the implementation of the comprehensive plan. (Ord.
1000 § A(part), 1995).
19.45.020 Membership--Appointment--Term--Compensation--Vacancy--Removal.
The design review board shall consist of five members, all of whom shall
serve without salary. The members shall be appointed by the mayor with the
consent of the council.
In case any vacancy should occur in the membership
of the board, for any cause, the mayor shall fill such vacancy by making an
appointment with the consent of council. The members of the design review board
may be removed by the mayor, subject to the approval of the council, for such
causes as he/she deems sufficient, which shall be set forth in a letter filed
with the council. The initial membership shall consist of one member appointed
for one year, one for two years, one for three years, and two for four years.
Each appointment hereafter shall be for four years. (Ord. 1000 § A(part),
1995).
19.45.030 Meetings--Notice--Rule promulgation--Records--Quorum.
Meetings of the design review board shall be held at least once every six
months, and at other times as the chairperson of the design review board may
determine or a request for design review is made by an applicant. There shall
be a fixed place of meeting, and all regular design review board meetings shall
be open to the public.
Notice of all meetings shall be given at least ten
days in advance of the meeting date. The owner of the property for which the
review is sought shall notify all adjacent property owners. In the case of
review of construction, or remodel within the historical business district,
notice shall be given to all property owners along Front Street within the block
where construction is proposed. In the case of review of new multifamily
construction, notice shall be given to all property owners within three hundred
feet of the property on which construction is proposed. Notification, in all
cases, shall be by certified mail or registered mail, and satisfactory evidence
of such notice must be provided prior to the hearing date. Notification is not
required for the review and approval of signs unless a variance is requested
under LMC Section 19.33.140.
The design review board shall adopt its own
rules or procedures and keep a record of its proceedings, findings and action in
each case, and the vote of each member on each question considered in the
proceedings. The presence of three members shall be necessary to constitute a
quorum. (Ord. 1292 § E, 2007: Ord. 1000 § A(part),
1995).
19.45.035 Residential design variance criteria.
Plans submitted to the design review board for a variance to the
residential design criteria, processed as noted in Chapter 19.47 of the Lynden
Municipal Code must be stamped by a licensed architect, registered in Washington
State, and must meet the following criteria:
A. Granting the variance would
not be inconsistent with privately recorded covenants, conditions or
restrictions;
B. The proposed structure would meet all building and fire
codes as determined by the building official;
C. The applicant is not
varying more than two of the criteria. (Ord. 1292 § F,
2007).
19.45.040 Decision by the design review board.
The design review board shall review each application to determine if the
design meets the guidelines as adopted in the design review guidebook for signs,
and commercial and multifamily construction. It shall:
A. Grant approval of
the proposed exterior design or sign; or
B. Deny the proposed design;
or
C. Approve the exterior design with conditions, which shall be noted by
the building inspector.
The building official shall enforce the decisions of
the design review board when granting a building permit. All designs shall be
subject to the International Building Code as well as all Lynden Municipal
Codes.
The design review board shall not impose conditions which are
contrary to the requirements of any applicable building codes.
The decision
of the design review board shall be final, unless appealed within ten days to
the Lynden city council. (Ord. 1292 § G, 2007: Ord. 1000
§ A(part), 1995).
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