Division III. Types of Permits, Applications and Requests
Chapter 18.100
SITE DESIGN REVIEW
Sections:
18.100.030 Types of applications.
18.100.050 Special conditions.
18.100.060 Compliance with approvals.
18.100.070 Residential design requirements.
18.100.010 Purpose.
The council finds that projects involving building design and development of land should have special review in order to promote and protect the public health, safety, and welfare of the city, to promote orderly growth of the community, to enhance aesthetic values, to assure development which is suitably related to its environment, to prevent both extremes of monotonous uniformity and substantial dissimilarity, and to conform with the comprehensive plan of development of the city, and, that to promote and implement these policies requires consideration of the particular character and impact of new development over and above that included in the zoning, subdivision and building code, ordinances and regulations.
(A) Purposes and Objectives. The council declares that the purposes and objectives of site development requirements and the site design review procedure are to:
(1) Encourage originality, flexibility, and innovation in site planning and development, including the architecture, landscaping, and graphic design of said development.
(2) Discourage monotonous, drab, unsightly, dreary, bright, showy, gaudy or cheaply ornate, and inharmonious development.
(3) Conserve and enhance the city’s natural beauty, visual character, and charm by insuring that structures, signs, and other improvements are properly related to their sites, and to surrounding sites and structures, with due regard to the aesthetic qualities of the natural terrain and landscaping, and that proper attention be given to exterior appearances of structures, signs, and other improvements.
(4) Protect neighboring owners and users by assuring that reasonable provisions have been made for such matters as surface water drainage, suitable sound and sight buffers, the preservation of views, light and air, and those other aspects of design included under the zoning provisions of this code which may have substantial effects on neighboring land uses.
(5) Ensure timely, orderly, and efficient administration of development permits.
(B) Professional Quality Design Required. All development plans for Type II or Type III site design reviews shall be designed and drawn by a person trained, skilled, and knowledgeable in site planning and development. Such plans shall be of typical architectural, engineering, or drafting quality and accuracy as to scale and design detail. [Ord. 665 § 1, 1987; Ord. 810, 2000; Code 2000 § 11.30.11; Ord. 2020-05 § 1 (Exh. A), 2020.]
18.100.020 Authority.
(A) Facilities and Design Review Committee. The city manager shall establish a facilities and design review committee (the “committee”) consisting of at least four city staff members, authorized consultants, or other agency staff, each with appropriate expertise, to properly evaluate proposed development plans. The committee at a minimum shall include representatives from the following departments: community development, public works, building and fire. The committee shall review all Type II and Type III requests. The committee members shall individually or collectively critique and comment on the plans relative to applicable code criteria and requirements. The community development director shall consider the committee comments and prepare a staff report for review by the applicant and interested parties.
(B) Jurisdiction and Powers. The community development director may make an initial determination whether a proposed project is subject to the criteria in this chapter or whether the project is exempt. Nothing in this chapter shall be construed to require the design review approval of ordinary repair, maintenance or replacement of any part of a building, structure, or landscaping. For purposes of this section, the term “major remodeling” means any work that changes the exterior appearance of a building or structure more than 25 percent.
(C) The provisions of design review shall pertain and conform to the following activities and standards specified in CMC 18.100.030(A), (B), (C) and 18.100.040. No permit for building or site development shall be issued until the plans and other documents required by this title have been reviewed, approved and found to be in conformity with these standards. Design review Type I requests shall be processed per CMC 18.15.010(A), Type I – Administrative Review. Design review Type II requests shall be processed per CMC 18.15.010(B), Type II – Administrative Review. Design review Type III requests shall be processed per CMC 18.15.010(C), Type III – Commission Review.
(D) Cumulative Action. As of the date of the ordinance codified in this chapter, cumulative design review actions shall be considered the sum total percent of proposed change(s) to already approved plans. Where applicable:
(1) Design review Type I actions that propose to exceed a sum total of 10 percent change(s) to an approved plan shall be processed as a design review Type II request. The appropriate city application and fee shall be required.
(2) Design review Type II actions that propose a sum total of 50 percent or more change to an approved plan shall be processed as a design review Type III request. The appropriate city application and fee shall be required. [Ord. 665 § 1, 1987; Ord. 810, 2000; Code 2000 § 11.30.12; Ord. 841 Exh. 2, 2003; Ord. 2020-05 § 1 (Exh. A), 2020.]
18.100.030 Types of applications.
(A) Design review Type I actions are minor changes to plans already approved by the facilities and design review committee or community development director. Design review Type I actions include:
(1) Site clearing, fill and grading involving more than 20 and less than 50 cubic yards, prior to the issuance of a development permit.
(2) Site plans for detached single-unit dwellings, prefabricated dwellings, middle housing and accessory dwelling units.
(3) Moving of residential and other structures.
(4) Remodeling that changes by 20 percent or more the exterior appearance of the building or structure elevations.
(5) All fences that are nonresidential or require a building permit shall be reviewed relative to screening, buffering, safety, building code and security.
(6) Change in use or business that does not meet the threshold for a Type II or III review, but is identified as a different use by the off-street parking standards or as a change of occupancy as defined by the building official.
(7) Conversion of an existing, legal multi-family residential dwelling (i.e., apartments) to condominiums.
(8) Outdoor seating and outdoor display or storage in the central mixed use, core commercial, and gateway mixed use districts.
(9) Other minor changes to a site or building not meeting the threshold of a Type II or Type III review, as determined by the community development director.
(10) Conversions of a single-family dwelling to a duplex, triplex, quadplex, or cottage cluster dwelling, provided the following criteria are met:
(a) The converted housing type is allowed in the underlying zone.
(b) With the exception of minimum off-street parking requirements, the conversion does not create a nonconforming situation or does not increase nonconformance.
(c) Separate utility connections are provided for each additional unit.
(d) With the exception of cottage clusters, additional design requirements are not required for a conversion.
(B) Design review Type II actions are changes to previously approved design review plans or other moderate changes to structures or sites, which meet certain thresholds. Type II actions include:
(1) Increases in building area of between 10 and 50 percent when materials substantially match the originals.
(2) Addition or subtraction of similar or compatible approved parking spaces between 10 and 50 percent.
(3) Addition or subtraction of similar or compatible approved landscape area between 10 and 50 percent.
(4) Modification of loading facilities.
(5) Resubmittal of Type III plans which have expired pursuant to CMC 18.100.060(A), and are being resubmitted within one year of expiration and exactly as originally approved.
(6) Review of minor development modifications to previously approved master plans/planned unit developments.
(7) Site clearing, fill and grading involving 50 cubic yards or more, prior to the issuance of a development permit.
(8) Other moderate changes to structures or sites.
(9) New development of multi-unit dwelling developments in the core residential district.
(C) Design review Type III actions are those which are major and include:
(1) Review of major development revisions to previously approved master plans/planned unit developments.
(2) General site plans for new development or substantial redevelopment.
(3) New development, buildings or structures not part of a previously approved master plan.
(4) Variances proposed with a design review request.
(5) Building additions with an increase of over 50 percent of the existing building area.
(6) Addition or subtraction of approved parking over 50 percent of the existing area.
(7) Addition or subtraction of approved landscape area over 50 percent of the existing area. [Ord. 665 § 1, 1987; Ord. 810, 2000; Code 2000 § 11.30.13; Ord. 841 Exhs. 1, 2, 2003; Ord. 916 § 1 (Exh. A), 2010; Ord. 2019-10 § 1 (Exh. A), 2019; Ord. 2020-05 § 1 (Exh. A), 2020; Ord. 2022-03 § 1 (Exh. A), 2022.]
18.100.040 Approval criteria.
In addition to the other requirements of the zoning code and other city ordinances, a project submitted for design review shall comply with the standards and criteria in subsections (A) and (B) of this section; all applications for a sign permit subject to the provisions of the sign code, Chapter 18.175 CMC, inclusive, shall comply with the rules and regulations of the committee adopted under the provisions of Division III of this title and other applicable provisions of the Cornelius Municipal Code.
(A) Technical Standards. Where applicable, required off-site improvements shall be based on proportional analysis.
(1) Facilities and Services. The public and private facilities and services provided by the development are adequate as to location, size, design and timing of construction in order to serve the residents or establishments to be accommodated and meet city standards and the policies and requirements of the comprehensive plan. The service provider is presumed correct in the evidence which they submit;
(2) Traffic Generation. Based on anticipated vehicular and pedestrian traffic generation and the standards and policies of the comprehensive plan, adequate right-of-way and improvements to streets, pedestrian ways, bikeways, transitways and other ways are provided by the development in order to promote safety, reduce congestion, conserve energy and resources, and encourage transit use, bicycling and walking. Consideration shall be given to the need for constructing, widening and/or improving, to the standards of the comprehensive plan and this code, public streets, bicycle, pedestrian, and other ways in the area of the proposed development impacted by the proposed development. This shall include, but not be limited to, improvements to the right-of-way, such as installation of lighting, signalization, turn lanes, median and parking strips, traffic islands, paving, curbs and gutters, sidewalks, bikeways, transit facilities, street drainage facilities, traffic calming devices, and other facilities needed because of anticipated vehicular, transit, bicycle, and pedestrian traffic generation. Access and street design shall comply with the standards identified in Chapter 18.143 CMC, Transportation Facilities, and Chapter 5 of the adopted public works standards. Street trees shall be installed to the standards identified in Chapter 5 of the adopted public works standards. In lieu of actual construction of off-site improvements, the committee may accept written waivers of remonstrance to the formation of local improvement districts for the purpose of providing the needed off-site improvements or cash payment to the city in an amount equal to the estimated cost of said off-site improvements;
(3) Dedication. Adequate dedication or reservation of real property for public use, as well as easements and right of entry for construction, maintenance and future expansion of public facilities and services, shall be required to protect the public from any potentially deleterious effects resulting from the proposed use to fulfill the need for additional, improved services, whether on or off site, created by the proposed use, and to effect the implementation of the standards and policies of the comprehensive plan;
(4) Internal Circulation. There is a safe and efficient circulation pattern within the boundaries of the site. Consideration shall include the layout of the site with respect to the location, number, design and dimensions of vehicular, transit, and pedestrian access, exits, drives, walkways, bikeways, transit stops and facilities, building location and entrances, emergency equipment ways and other related on-site or off-site facilities so that there are adequate off-street parking and loading/unloading facilities provided in a safe, well designed and efficient manner. Consideration shall include the layout of parking, storage of all types of vehicles and trailers, shared parking lots and common driveways, garbage collection and storage points, as well as the surfacing, lighting, screening, landscaping, concealing and other treatment of the same. Developments shall provide a safe and reasonably direct pedestrian connection from the main entrance to the public right-of-way and/or the pedestrian system or both. The pedestrian connection shall be reasonably free of hazards from automobile traffic, so as to help encourage pedestrian and bicycle travel;
(5) Maintenance of Private Facilities. Adequate means are provided to ensure continued maintenance and necessary normal replacement of private common facilities and areas, drainage ditches, streets and other ways, structures, recreation facilities, landscaping, fill and excavation areas, screening and fencing, ground cover, garbage storage areas and other facilities not subject to periodic maintenance by the city or other public agency. Materials, including wastes, shall be stored and managed, and grounds shall be maintained in a manner that will not attract or aid in the propagation of insects or rodents or cause a health hazard;
(6) Public Facilities. The structures and public facilities and services serving the site are designed and constructed in accordance with adopted codes and/or city standards at a level which will provide adequate fire protection and protection from crime and accident, as well as protection from hazardous conditions due to inadequate, substandard or ill-designed development;
(7) Security. Adequate facilities shall be provided to prevent unauthorized entries to the property, facilitate the response of emergency personnel, and optimize fire protection for the building and its occupants. Adequate facilities may include, but not be limited to, the use of lighted house numbers and a project directory for multi-unit dwelling development;
(8) Grading. The grading and contouring of the site takes place and site surface drainage and on-site storage of surface waters facilities are constructed so there is no adverse effect on neighboring properties, public rights-of-way or the public storm drainage system and that said site development work will take place in accordance with the city site development code;
(9) Utilities. Prior to the development of a site, utilities shall be extended to serve the site or financially secured for extension to serve the site. Connection to city utilities shall be required prior to final inspection and occupancy. Electric, telephone, and other utility services to new development shall be located underground. New utilities for redeveloped parcels shall be located underground from the right-of-way to the redeveloped parcels;
(10) Accessibility. Access and facilities for physically handicapped people are incorporated into the site and building design with particular attention to providing continuous, uninterrupted access routes;
(11) Bicycle Lanes and Sidewalks. Where street improvements on arterials and collectors are required as a condition of development approval, they shall include bicycle lanes or off-street multi-modal pathways, and sidewalks constructed in accordance with city standards.
(B) Nonresidential Design Standards.
(1) Relation of Building to Site. The proposed structures shall be related harmoniously to the terrain and to existing buildings which have a visual relationship to the proposed structure. Building height, bulk, lot area, coverage, setbacks, and scale should be particularly considered with regard to achieving compatible relationships. Screening, except in the industrial zone, exposed storage areas, utility buildings, machinery, service and truck loading areas, solid waste disposal cans, containers and other structures, and other accessory uses and structures, shall be adequately set back and screened. If a building is constructed, enlarged or altered to meet Type II thresholds and is located within 500 feet of a bus/transit stop, a main entrance door shall be placed on the street side of the bus/transit line and located as close as structurally possible to the bus/transit stop in compliance with this title;
(2) Trees and Vegetation. The development has been designed to, where possible, incorporate and preserve existing trees or vegetation of significant size and species. Consideration shall be given to whether habitat, survival of the tree species, and aesthetics can best be achieved by preserving groves or areas of trees as opposed to only individual trees;
(3) Historic Structures. Consideration is given to the effect of the proposed development on historic buildings or features both on the site and within the immediate area;
(4) Grading and contouring of the site shall take place with particular attention to minimizing the possible adverse effect of grading and contouring on the natural vegetation and physical appearance of the site;
(5) Landscaping. The quality, location, size, and structural and aesthetic design of walls, fences, berms, traffic islands, median areas, hedges, screen planting and landscape areas are such that they serve their intended purposes and have no adverse effect on existing or contemplated abutting land uses;
(6) Lighting. Adequate exterior lighting shall be provided to promote public safety, and shall be designed to avoid unnecessary glare upon other properties;
(7) Solar Access. In determining the appropriate relation of the building or structure to the site, the committee shall require that the building or structure be located on the site in a location and direction that will maintain, where feasible, solar access for adjacent properties and buildings or structures within the site. [Ord. 588 §§ 1, 2, 1981; Ord. 665 § 1, 1987; Ord. 810, 2000; Code 2000 § 11.30.14; Ord. 874 Exh. (1)(B), 2006; Ord. 916 § 1 (Exh. A), 2010; Ord. 2018-02 § 1 (Exh. A), 2018; Ord. 2019-10 § 1 (Exh. A), 2019; Ord. 2020-05 § 1 (Exh. A), 2020; Ord. 2022-03 § 1 (Exh. A), 2022.]
18.100.050 Special conditions.
(A) Open Space, Parks and Recreation Areas. Major residential developments, 20 units or more, shall include park and recreation areas, or both. In all multi-family projects, the required park and recreation area shall include a children’s play area and play equipment for the use of residents and occupants of the multi-family project. The community development director shall have the power to approve plans for these recreation areas.
(B) Objectionable Uses. Odor, dust, smoke, fumes, noise, glare, heat, and vibration from commercial and industrial uses, or both, which might create a nuisance or be offensive to other uses in the area or be incompatible with such other uses shall be adequately eliminated or controlled by authorized measures. [Ord. 588 § 3, 1981; Ord. 665 § 1, 1987; Ord. 810, 2000; Code 2000 § 11.30.15; Ord. 841 Exh. 2, 2003.]
18.100.060 Compliance with approvals.
(A) Time Limit on Approval. Site design review approvals shall be void after two years unless a building permit has been issued and substantial construction pursuant thereto has taken place.
(B) Certificate of Occupancy. In order to assure completion of the work in the manner and at the time approved, the premises shall not be used or occupied for the purposes set forth in the application until the city has completed a final inspection or issued a certificate of occupancy following completion of the work in substantial conformance to the approved plan. Prior to the final completion of all work, a certificate of occupancy or approval to occupy may be issued for a portion of the premises or conditioned upon further work being completed by a date certain.
(C) Revocation of Approval. The community development director may, upon reasonable notice to the applicant and an opportunity for him to be heard, revoke design review approval previously given and may revoke a certificate of occupancy for any of the following reasons:
(1) Material misrepresentation of fact in the application or in testimony or evidence submitted, whether the misrepresentation is intentional or unintentional.
(2) Failure to complete work within the time and in the manner approved without obtaining an extension of time or modification of plans.
(3) Failure to maintain and use the property in accordance with the approved plans and conditions.
(D) Violation. It shall be unlawful to use or occupy premises for which design review approval is required, or to perform work for which design review approval is required, without complying with the provisions of CMC 18.100.010. It shall be unlawful to willfully violate any term or condition of an approved design review. [Ord. 665 § 1, 1987; Ord. 810, 2000; Code 2000 § 11.30.16; Ord. 841 Exh. 2, 2003.]
18.100.070 Residential design requirements.
(A) Each detached single-dwelling unit (site built, manufactured, and prefabricated dwellings on individual lots) and middle housing type must incorporate a minimum of three of the following design features:
(1) Eaves: minimum 12 inches.
(2) Dormer: minimum four feet wide.
(3) Window trim: minimum three inches.
(4) Recessed entrance: minimum two feet deep.
(5) Balcony with a railing: minimum four feet deep and six feet wide; railing minimum four feet tall.
(6) Porch: minimum four feet deep and six feet wide.
(7) Off-sets in building face or roof: minimum 16 inches.
(8) Recessed window: minimum three inches deep.
(9) Pitched roof: minimum 4:12 or 3:12.
(10) A variation of three different building materials, the least of which shall be five percent of the facade.
(11) Pillars or posts.
(12) Knee or eave braces.
(13) Brick, cedar shingles, or stucco covering 10 to 15 percent of the street-facing facade.
(14) Shutters on each ground level street-facing window: minimum 12 inches wide, 24 inches tall.
(15) Railing around all sides of a front porch: minimum three feet tall.
(16) Front door surface made of at least 25 percent glass or window.
(17) Window grids on all street-facing windows.
(18) Roof over front porch or balcony.
(19) Different colors between at least two of the following on the street-facing facade: trim, doors, windows, walls, shutters, railings, posts/pillars.
(20) Variation of at least two siding textures or styles among board and batten, vinyl, lap, brick, stone, natural wood, cedar, fiber cement siding, stucco, horizontal or vertical wood, or metal.
[Ord. 2022-03 § 1 (Exh. A), 2022.]