Chapter 19.01
DESIGN STANDARDS
Sections:
19.01.030 How the design standards are applied.
19.01.050 Design standards and regulations applicability.
19.01.060 Design standards and regulations application requirements.
19.01.070 Administrative review – Appeals.
19.01.080 Design deviation – Planning commission review – Appeals.
19.01.090 Duration of approval.
19.01.010 Purpose.
The purpose of this title is to keep design standards and regulations to a minimum while still accomplishing the following goals:
A. To enhance the safety and function in the commercial zones through internal vehicular circulation, driveway, and sidewalk regulations.
B. To minimize the negative impacts of service elements.
C. To ensure that developments are diverse and safe.
D. To ensure that duplexes are similar in design and construction to single-family homes.
E. To ensure that lighting does not have a negative impact on adjacent parcels. (Ord. 2024-06 § 2 (Exh. A), 2024).
19.01.020 Definitions.
Defined words below are italicized throughout the title for user convenience.
A. “Articulation” means the giving of emphasis to architectural elements (like windows, balconies, entries, etc.) that create a complementary pattern or rhythm, dividing large buildings into smaller identifiable pieces.
B. “Articulation interval” means the measure of articulation, the distance before architectural elements repeat.
C. Blank Wall.
1. A ground-floor wall or portion of a ground-floor wall over six feet in height that has a horizontal length greater than 15 feet and does not include a transparent window or door; or
2. A portion of a ground-floor wall having a surface area of 400 square feet or greater that does not include a transparent window or door.
D. “Cut sheet,” also known as a “data sheet,” “technical data sheet,” and/or “specification sheet,” means a document that summarizes the information and characteristics of a product, material, or piece of equipment.
E. “Facade” means the face of a building, especially the principal front that looks onto a street or open space.
F. “Foot-candle” means the measure of light intensity equal to one lumen.
G. “Mechanical and utility equipment” means fixtures and apparatus appurtenant to structures that provide power and function and/or provide water, sewer, stormwater, or electrical services.
H. “Natural features” means components and processes present in or produced by nature.
I. “Pedestrian-oriented facade” means and includes all the following elements:
1. Primary building entrance must face the street and must open to the public during all business operating hours. For street corner properties, entries shall be placed along both facades or directly at the street corner.
2. The facade must include transparent windows and/or doors along 75 percent of the ground floor at heights between two to eight feet above the ground. Glazed windows and doors that limit clear visibility into the building shall not count as “transparent.” For sloping sites, the transparent windows must be positioned between three to eight feet above the ground on average.
3. The facade must include weather protection at least six feet wide along at least 75 percent of the facade.
J. “Pedestrian-oriented space” means publicly accessible spaces that enliven the pedestrian environment by providing opportunities for outdoor dining, socializing, and relaxing and provide visual amenities that can contribute to the unique character of the subarea. Design criteria for pedestrian-oriented space:
1. The following design elements are required for pedestrian-oriented spaces:
a. All open spaces shall be physically and visually accessible from the adjacent street or major internal pedestrian route. Open spaces shall be in locations that the intended user(s) can easily access and use, rather than simply leftover or undevelopable space in locations where very little pedestrian traffic is anticipated.
b. Paved walking surfaces of either concrete or approved unit paving (permeable paving encouraged).
c. Pedestrian-scaled lighting (no more than 14 feet in height) at a level averaging at least two foot-candles throughout the space. Lighting may be on-site or building-mounted lighting.
d. At least three feet of seating area (bench, ledge, etc.) or one individual seat per 60 square feet of plaza area or open space. This provision may be relaxed or waived where there are provisions for movable seating that meet the intent of the standard as determined by the planning director.
e. Spaces must be positioned in areas with significant pedestrian traffic to provide interest and security, such as adjacent to a building entry.
f. Landscaping components that add seasonal interest to the space (low impact development techniques encouraged).
2. The following features are encouraged in pedestrian-oriented space:
a. Pedestrian amenities such as a water feature, drinking fountain, and/or distinctive paving or artwork.
b. Provide pedestrian-oriented facades on some or all buildings facing the space.
c. Transitional zones along building edges to allow for outdoor eating areas and a planted buffer.
d. Movable seating.
3. The following are prohibited within pedestrian-oriented space:
a. Asphalt or gravel pavement, except where continuous gravel or asphalt paths intersect with the space.
b. Adjacent chain link fences.
c. Adjacent untreated blank walls.
d. Adjacent unscreened dumpsters or service areas.
K. “Pedestrian-scaled lighting” means lighting that helps illuminate sidewalks and improve pedestrian safety, security and comfort.
L. “Permeable paving” means surfaces that are made of either a porous material that enables stormwater to flow through it or nonporous blocks spaced so that water can flow between gaps.
M. “Service elements” means site design features that accommodate refuse and disposal for commercial and multifamily development.
N. “Streetscape” means the collective appearance of all buildings, footpaths and landscaping along a street.
O. “Transitional zone” means the area between buildings that allows for pedestrian movement, seating and landscaping. (Ord. 2024-06 § 2 (Exh. A), 2024).
19.01.030 How the design standards are applied.
Each section in Chapter 19.02 EMC contains a list of “intent” statements followed by “standards.” Specifically:
A. Intent statements are overarching objectives.
B. Standards using words such as “shall,” “must,” “is/are required,” or “is/are prohibited” signify required actions.
C. Regulations using words such as “should” or “is/are recommended” signify voluntary measures.
D. Exceptions are provided for some standards. These specific exceptions allow alternative designs subject to administrative approval by the planning director.
E. Deviations are similar to exceptions, but they require review and approval by the planning commission (see EMC 19.01.080.)
These design standards contain specific standards that are easily quantifiable and provide a level of discretion in compliance. With respect to the voluntary measures, the applicant must demonstrate to the planning director, in writing, how the project meets the regulation and the intent section. (Ord. 2024-06 § 2 (Exh. A), 2024).
19.01.040 Interpretation.
These standards shall serve as a supplement to EMC Title 18 (Zoning). Where there is a conflict between the standards herein and EMC Title 18, the design standards herein shall apply as they are crafted more specifically to the site/use type. (Ord. 2024-06 § 2 (Exh. A), 2024).
19.01.050 Design standards and regulations applicability.
The design standards and regulations apply to all proposals to subdivide land under the provisions of EMC Title 17, and to all new development including proposals to build, locate, construct, remodel, alter or modify any facade on any structure or building or other visible element of the facade of the structure or building or site, including, but not limited to, landscaping, parking lot layout (including parking garages), signs, outdoor lighting fixtures, walls, pedestrian crossings, mechanical equipment, lighting, service elements, driveways, and all as described in this title.
Design approval is also required for all outdoor proposals which require a building permit, clearing and grading permit, or which are part of a project or development requiring a site plan or conditional use permit. (Ord. 2024-06 § 2 (Exh. A), 2024).
19.01.060 Design standards and regulations application requirements.
A complete application for approval under the design standards shall meet the requirements of EMC 18.09A.060 and shall contain, where applicable, the following additional information:
A. Sign Plan. If signage is proposed, a sign plan showing the general location, type, and size of signage on buildings.
B. Equipment Screening. A description of how all mechanical and utility equipment will be screened.
C. Light Fixtures. A cut sheet showing typical parking and building lighting which includes pole height and mounting height. If proposed fixtures are near critical areas or natural vegetation retention areas, shielding shall be shown.
D. Planning Commission Deviations. A request for review for a deviation by the planning commission shall include a written statement addressing the criteria for approval as set forth in EMC 19.01.080. (Ord. 2024-06 § 2 (Exh. A), 2024).
19.01.070 Administrative review – Appeals.
All applications for approval under this title will be processed administratively unless a deviation is requested (and approved), as provided in EMC 19.01.080. The planning director (or his/her designee) shall process applications as follows:
A. After the application is determined complete under the procedures set forth in EMC 18.09A.060, the planning director shall issue a notice of allocation (as required by EMC 18.09A.070) for the application. The director shall determine whether the application conforms to the design standards and regulations. The burden is on the applicant to demonstrate that the application conforms to the design standards and regulations.
B. The planning director shall issue a decision on the application, approving the application if it conforms to the design standards and regulations, and denying it if the application does not. If the application includes a request for a deviation, the director shall issue a recommendation on the application, and the planning commission shall issue a final decision.
C. The planning director shall issue a written decision or, in the case of a request for a deviation, a written recommendation within 30 days of the town having issued the notice of application.
D. An application for design review may be submitted prior to the submission of an underlying project permit application for a development on the same property. A complete underlying project permit application shall not be processed without a complete design review application.
E. Appeals.
1. Applicants will have 10 working days from the date of the planning director’s decision to appeal the decision to the planning commission. The town shall respond to said appeal with a notice of public hearing within 10 days of receipt of appeal.
2. If there is no underlying permit application, the appeal of the design decision shall be heard within 30 days of the date of the notice of public hearing.
3. If the design decision relates to an underlying permit application for development on the same property, the planning director’s decision shall be noted on the staff report for the underlying permit application. The hearing on the appeal of the design decision shall be held during the hearing on the underlying permit application (if any hearing is required for such underlying permit application).
4. The hearing body on such appeal shall be the planning commission unless this municipal code designates a different body with jurisdiction over the underlying permit application. (Ord. 2024-06 § 2 (Exh. A), 2024).
19.01.080 Design deviation – Planning commission review – Appeals.
A. An applicant may request a deviation to the design standards and regulations, as allowed in this chapter. The request must be submitted as part of the completed design standards application. The request for a deviation shall be processed as follows:
1. After the planning director determines the application is complete and issues a notice of application (see EMC 18.09A.060 and 18.09A.070), the planning director shall prepare a written recommendation regarding the requested design deviation.
2. If the design application is not part of the underlying development application for the same property, then the planning commission shall schedule an open record public hearing to consider the requested design deviation. This date shall be the earliest available planning commission meeting after the notice of application has been published while remaining compliant with notice requirements for open hearing. The planning commission shall deliberate the issue and issue a written decision at the next planning commission meeting.
3. If the design deviation request relates to an underlying permit application for development on the same property, the planning director’s recommendation shall be noted in the staff report for the underlying permit application. The hearing on the applicant’s request for a design deviation shall be held during the hearing on the underlying permit application.
B. Criteria for Deviation Approval. The planning commission may approve a deviation from the design standards, only if all the following are satisfied:
1. The applicant must meet the goals under EMC 19.01.010 as applicable to the specific deviation.
2. The deviation proposed by the applicant represents the most practicable solution for satisfying the intent of the code to what would otherwise be achieved by applying the design standards and regulations.
3. A deviation under this code must not cause a deviation from the standards or conditions of approval set forth in EMC Titles 16, 17, and 18.
C. Planning Commission Meeting.
1. Notice of public meeting shall be in accordance with the notice procedures set forth in EMC 18.09A.080. The procedures for the hearing shall be as set forth in EMC 18.09A.100.
2. The planning commission shall deliberate on the application presentations and comments and shall make findings and conclusions on the application.
3. After the meeting, the staff shall draft the commission’s findings and conclusions on the application and present the same to the commission at their next regularly scheduled meeting for approval.
4. Conditions for approval shall be contingent on the following:
a. The adjustment does not substantially modify the decision of the planning director or planning commission;
b. The adjustment does not substantially modify the approved architecture, site layout, natural vegetation retention areas and grading; and
c. The adjustment represents a superior or equivalent design solution to what would otherwise be achieved by rigidly applying specific requirements; and
d. The adjustment meets the intent of the design standards and regulations.
D. Appeals. Appeals from the design deviation decision shall be made in accordance with EMC 18.09A.180. (Ord. 2024-06 § 2 (Exh. A), 2024).
19.01.090 Duration of approval.
Construction on projects that receive approval under this title must commence within 24 months from the date of final design approval; otherwise, the approval is null and void. (Ord. 2024-06 § 2 (Exh. A), 2024).