Chapter 17.70
DESIGN REVIEW
Sections:
17.70.010 Intent and objectives.
17.70.020 Areas and developments requiring design review.
17.70.030 Supplemental materials adopted by reference.
17.70.035 Community conference requirements.
17.70.040 Submittal requirements.
17.70.060 Approval authorities and processes.
17.70.010 Intent and objectives.
A. Design review of certain types of development is intended to encourage orderly community growth for the health and safety of all residents and protect and enhance property values for the community as a whole.
B. The design review process is intended to provide opportunities for development to enhance Mount Vernon’s character more effectively than through application of standard zoning regulations.
C. The design review standards contained in this chapter have the following overall objectives:
1. To improve site planning.
2. To encourage developments with amenities designed to strengthen a sense of community and promote community pride.
3. To minimize potential incompatibility with existing uses.
4. To protect and enhance community property values.
5. To support the desired character of various neighborhoods, areas and zoning districts and promote an attractive visual environment.
6. To implement and advance the city’s planning efforts supporting the character and functionality of the city’s zoning districts and subareas identified in the city’s comprehensive plan as now, or hereafter, amended.
7. To preserve the aesthetic qualities that contribute to the city’s small town character that attracts residents, businesses and customers.
D. Additional objectives specific to design review in the historic downtown and surrounding areas are to:
1. Enhance the long-term economic vitality by preserving, protecting, enhancing and perpetuating elements of the district’s cultural, economic, architectural, and historical value.
2. To foster civic pride in the significance and accomplishments of the district’s past, and to provide a legacy for the future.
3. To stabilize and improve the aesthetic and economic vitality to the city of Mount Vernon, local property owners and local businesses within the district.
4. To enhance the character and promote the local identity of the area.
5. To ensure development is at a human scale and relates to the desired character of its setting.
6. To provide a pleasant, appealing and diverse experience for pedestrians. (Ord. 3773 § 3, 2018).
17.70.015 Definitions.
In this chapter the below-listed words are defined as follows:
A. “Department” means the development services department.
B. “Development” means proposals to build, locate, construct, remodel, alter or modify structures, facades, visible element(s) of a facade, landscaping, parking lot layout, signs, placement of outdoor furniture or accessories, outdoor lighting fixtures, fences, walls and roofing materials.
C. “Director” means the development services director or his/her designee.
D. “Historic downtown and surrounding areas” means areas that are established in Map 1.0 found in MVMC 17.70.020.
E. Ordinary Maintenance and Repairs. “Ordinary maintenance” means acts to prevent a decline of a physical feature. “Ordinary repair” means acts to restore a physical feature to its original size, shape, configuration, and external appearance. To qualify as ordinary maintenance and repairs the feature being maintained or repaired is required to have complied with the Mount Vernon Municipal Code in effect when the feature was constructed/installed.
F. “Proposals” means actions sought by an applicant that are ordinarily represented to the department in applications, permits, approvals, and land use actions. (Ord. 3880 § 11, 2023; Ord. 3773 § 3, 2018).
17.70.020 Areas and developments requiring design review.
A. The design review standards for residential structures, contained within and adopted by reference, in this chapter shall apply to all of the following:
1. All duplex and multifamily structures regardless of what zoning designation they are constructed within.
2. Subdivisions permitted through the planned unit development process contained within Chapter 17.69 MVMC.
3. Subdivisions that utilize transfer of development rights permitted through Chapter 17.119 MVMC.
4. Short plats or standard plats and all of the residential structures associated with said plats where the average lot size is 7,600 square feet or less. In calculating the average lot size only lots where single-family homes will be constructed can be utilized.
5. Development on existing lots not described in subsections (A)(1) through (4) of this section, when a deviation from the development standards is requested.
6. Any building footprint expansion or addition (not including private garages or carports) over 50 percent of an existing multifamily structure or duplex.
B. The design review standards for areas in and surrounding the historic downtown identified in Map 1.0 shall apply to all activities/work as noted below:
1. All 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, signs, placement of outdoor furniture or accessories, outdoor lighting fixtures, fences, walls and roofing materials. This includes exterior painting. See MVMC 17.70.060 for information on how design review standards apply to different types of projects.
C. Design review standards for areas in and surrounding the historic downtown identified in Map 1.0 shall not apply to the following activities/work:
1. Ordinary maintenance and repairs as defined in this chapter; examples include cleaning of exterior facades, reroofing, and interior tenant improvements so long as the resulting improvements are not visible from abutting rights-of-way.
Map 1.0: GEOGRAPHIC AREAS SUBJECT TO CHAPTER 17.70
(Ord. 3802 § 43, 2019).
17.70.030 Supplemental materials adopted by reference.
In addition to the design standards development regulations contained in this chapter the city has created a supplemental document, titled Mount Vernon Design Standards Handbook, that is hereby adopted by reference as though fully set forth herein, a copy of which is on file with the finance department. For the convenience of the public a copy of these materials can be viewed on the city’s website and paper copies are available by request through the development services department. (Ord. 3773 § 3, 2018).
17.70.035 Community conference requirements.
Except for applications for development set forth in subsection G of this section, where a community conference is not required, applications for development subject to design review and located in the historic downtown identified in Map 1.0 in MVMC 17.70.020 are required to comply with the requirements below for a community conference. The purpose of the community conference is to receive community input regarding design standards prior to submitting an application or early in the application process so that the information received may be meaningfully considered and incorporated into the proposed project.
A. At least 14 days prior to the neighborhood meeting, the applicant shall give written notice of the date, time, and location of the community conference to the director and to all persons and entities identified in MVMC 14.05.150(C) and in the same manner required by MVMC 14.05.150(C).
B. The notice shall briefly describe the proposed project and include a map and contact information for the applicant or representative who may be contacted for additional information about the proposed project.
C. The community conference shall be held by the applicant within the city limits of Mount Vernon and be held any time between the hours of 5:30 p.m. and 8:00 p.m. on weekdays or any time between the hours of 9:00 a.m. and 8:00 p.m. on weekends.
D. The community conference shall include the following:
1. A sign-up sheet for meeting attendees’ names, addresses, and email addresses;
2. Introduction of the meeting organizer (applicant, owner, etc.);
3. A description of the project and how it will incorporate the design standards and design elements; and
4. An opportunity for attendees to provide comments and other information regarding the project and its proposed use of the design standards and design elements.
E. Within 10 days of holding the community conference, the applicant shall submit to the department the following:
1. A written report of the issues raised during the community conference and how the applicant will address the issues raised or why an issue will not be addressed;
2. Copies of all written materials submitted at the community conference;
3. The list of attendees; and
4. A copy of the notice sent in subsection A of this section and the mailing list of persons notified.
F. The community conference shall be held prior to submittal of an application under MVMC 17.70.040 when feasible. When a community conference is held after submittal of an application, review for completeness in accord with MVMC 14.05.110(D)(1) will be done, and a hold will be placed on the application under MVMC 14.05.110(D)(4) until the requirements of this section are completed.
G. The following items shall not require a community conference required under this chapter:
1. Installation, removal, or alteration of: fire escapes, ducts, conduits, HVAC vents, grilles, pipes, panels, weatherheads, wiring, meters, utility connections, downspouts and gutters, or other similar mechanical, electrical or telecommunication elements necessary for the normal operation of the site, building or structure.
2. Installation, removal, or alteration of exterior light fixtures, exterior security lighting, and security system equipment.
3. Installation, removal, or alteration of signage.
4. Installation, removal, or alteration of awnings or canopies.
5. Alteration to exterior paint colors and other finishes when painting a previously painted or otherwise finished material.
6. Installation, removal, or alteration of the following landscape elements: shrubs; perennials; annuals; and similar low-lying plantings.
7. Installation, removal, or alteration of the following site furnishings: benches; movable tables and seating; movable planters; movable water features; trash/recycling receptacles; and bike racks.
8. Rights-of-way alterations, including but not limited to alterations to sidewalks, curbs, and the roadway.
9. Installation of improvements for accessibility compliance.
10. Installation, removal, or alteration of fire and life safety equipment.
11. Emergency repairs that are not already considered in-kind repair, if the proposed replacement material used for the repair is compatible with the existing historic building material.
12. In the historic downtown district and surrounding area, alteration of existing doors and windows, including changing a door to a window or a window to a door, as long as the proposed alterations do not destroy existing historic building materials. (Ord. 3880 § 12, 2023).
17.70.040 Submittal requirements.
Applications for development opting, or required, to use the design standards shall be accompanied by the following when applicable for the development being proposed:
A. Design standards application form.
B. Architectural building elevations containing the items listed in the definition of architectural elevations in MVMC 14.05.220(E) with additional sufficient detail to determine compliance with the requirements of this chapter. At a minimum the following additional information shall be included: proposed building exteriors, alterations or remodeling, types of exterior materials and construction, roofing design, placement of all windows and doors, siding and trim materials to be used together with the finish, and other materials to be used or applied on all exterior walls.
C. Floor plans as defined in MVMC 14.05.220(F).
D. Plans identifying building-to-building relationships.
E. Site plan as defined in MVMC 14.05.220(S).
F. Landscape plans as defined in MVMC 14.05.220(L).
G. All other items listed in MVMC 14.05.210. (Ord. 3880 § 13, 2023; Ord. 3773 § 3, 2018).
17.70.050 Creation of design review board and processes.
Repealed by Ord. 3880. (Ord. 3773 § 3, 2018).
17.70.060 Approval authorities and processes.
A. The director shall perform design review for all proposals identified in MVMC 17.70.020(A) and (B). For ordinary maintenance and repairs identified in MVMC 17.70.020(C), the director shall review to confirm that the proposal is not subject to design review.
B. The director may require review from a licensed architect or professional building designer with demonstrated experience that shall be under contract with the department to complete such review. The applicant shall be responsible for paying the entire cost of the peer review.
C. All development subject to design review shall be classified as being administratively reviewed by the director as a Type I permit under Chapter 14.05 MVMC including but not limited to any existing or future design review permit decision requiring future design review approvals as a condition.
D. Consistent with MVMC 14.05.080(I), when design review is a required approval for a project with multiple permit applications/approvals design review shall be consolidated with the other permit approvals being processed concurrently. The highest level of review authority that applies to any of the required applications shall be the design review authority. When consolidated with other approvals, the director shall complete design review and forward its recommendation to the appropriate design review authority.
E. Those making recommendations and the approval authority for all proposals subject to design review are listed in the following table:
|
TYPE OF PROPOSAL |
RECOMMENDATION(S) MADE BY: |
APPROVAL AUTHORITY |
|---|---|---|
|
Design review for residential structures identified in MVMC 17.70.020(A), including requests for modifications and waivers |
Not applicable |
Director |
|
Design review for historic downtown and surrounding areas identified in MVMC 17.70.020(B), including requests for modifications and waivers |
Not applicable |
Director |
|
Ordinary maintenance identified in MVMC 17.70.020(C) |
Not applicable |
Director to confirm that the proposed project is ordinary maintenance and repairs not subject to design review |
|
Consolidated review of project permit applications including design review under MVMC 17.70.060(D), including requests for modifications and waivers |
Director (if not the approval authority) |
Highest level of review authority for the consolidated permits |
|
Revision – Major under MVMC 17.70.090 |
Director (if not the approval authority) |
Design review authority for the initial design review decision |
|
Revision – Minor under MVMC 17.70.090 |
Not applicable |
Director |
F. The design review standards codified within this chapter are supplemental to other development regulations contained within the MVMC. Should a standard found within this chapter conflict with requirements contained elsewhere in the Mount Vernon Municipal Code, the standards in this chapter shall prevail.
G. Compliance with the standards set forth in this chapter shall be demonstrated with the submittal of the plans and materials listed within MVMC 14.05.210 and 17.70.040 as applicable.
H. Part of preapplication review can include design review. To expedite applications and reduce development costs, the city of Mount Vernon offers a “predesign development” general information meeting for applications subject to design review requirements. This meeting can be scheduled before, after, or in conjunction with preapplication meetings required by Chapter 14.05 MVMC.
1. Predesign development meetings provide input from relevant department staff, the director, and the design review consultant regarding requirements needed for a proposed project, such as site design, required improvements and conformance with the applicable design standards.
2. This informal process helps alert developers to potential issues prior to expending resources on plans that may need alterations to meet city regulations.
I. The decision of the design review authority (i.e., city council, hearing examiner, or director) shall be documented and incorporated into the accompanying approvals, if any, for the permit, land use action, or other approval, and shall be binding on the applicant and his successors in interest. The city may reduce the design review approval into a document or plan which shall be incorporated into the approved plans for the project. For example, specific conditions for the creation and location of open space pursuant to a requirement of the design review process may be incorporated into a subdivision approval. (Ord. 3880 § 15, 2023; Ord. 3773 § 3, 2018).
17.70.070 Modifications.
Review of applications for design review under this chapter shall not consider, recommend approval, or approve any deviation from municipal code requirements found within MVMC Titles 12 through 17, except as allowed in subsection A of this section. Approval to modify from standards not expressly allowed in subsection A of this section must be obtained through deviation, amendment, or variance processes codified within MVMC Title 16 and this title, not through the design review process.
A. This chapter authorizes the design review authority to allow the following development standards except for lots abutting arterials:
1. Single-Family Residential Uses, Plats and PUDs and Duplex Developments.
a. Front Yard Setback. Front yard setback may be reduced not less than 10 feet from property line, access easement, or back of sidewalk. The front of private garages shall maintain at least 20 feet from the back of sidewalk, property line, or access easement.
b. Rear yard setback: not less than 10 feet.
c. Side yard setback: not less than five feet for single-story homes; provided, that nothing (e.g., eaves, bay windows, enclosed stair landings, chimneys, etc.) will be allowed to project into this reduced side yard setback area. For structures that have more than one story the side yard setback shall be a minimum of five feet with the total of the two side yards being not less than 15 feet. Where the side yard setback is six feet or more the eaves of a structure may project no more than 12 inches into the side yard.
d. To protect privacy, windows facing the side yard shall be offset from the adjacent residence.
e. The installation of fences, walls or hedges shall be required.
f. Lot Coverage. For detached single-family residential lots of any size the land covered by buildings shall be no more than 40 percent.
2. Multifamily Residential Uses and Developments.
a. Front yard setback: not less than 10 feet from property line, back of sidewalk, or access easement. The front of private garages shall maintain at least 20 feet from the back of sidewalk, property line, or access easement or from edge of pavement on private streets;
b. Side and rear yard setbacks: when adjacent to single-family residential zones the minimum building setback from the common property line shall be 20 feet; otherwise the minimum setback may be reduced to 10 feet for single-story buildings and 15 feet for multistory buildings. (Ord. 3880 § 16, 2023; Ord. 3773 § 3, 2018).
17.70.080 Waivers.
An applicant may request waiver(s) from element(s) of design review. Waivers to specific required elements of the design standards may be approved by the design review authority for the overall project. Waivers shall be approved in limited circumstances and only when an applicant demonstrates all of the following criteria have been satisfied:
A. The alternative design represents an equivalent or superior design solution to what would otherwise be achieved by rigidly applying specific requirements.
B. The alternative design meets the intent of the general requirements of this chapter.
C. Unique and unusual circumstances exist that warrant a waiver of the standard requirement. (Ord. 3880 § 17, 2023; Ord. 3773 § 3, 2018).
17.70.090 Revisions.
A. A major revision to an approved design review application requires a new application under this chapter. A major revision shall be reviewed by the design review authority designated to review the same category of permit that was initially approved. A minor revision to an approved design review application is reviewed for approval by the director as a Type I permit and does not require a community conference under MVMC 17.70.035.
B. Types of Revisions.
1. A major revision is any revision other than a minor revision.
2. Minor revision includes a change to any of the following previously approved items:
a. The installation, removal, or alteration of: fire escapes, ducts, conduits, HVAC vents, grilles, pipes, panels, weatherheads, wiring, meters, utility connections, downspouts and gutters, or other similar mechanical, electrical or telecommunication elements necessary for the normal operation of the site, building or structure.
b. Installation, removal, or alteration of exterior light fixtures, exterior security lighting, and security system equipment.
c. Installation, removal, or alteration of signage.
d. Installation, removal, or alteration of awnings or canopies.
e. Alteration to exterior paint colors and other finishes when painting a previously painted or otherwise finished material.
f. Installation, removal, or alteration of the following landscape elements: shrubs; perennials; annuals; and similar low-lying plantings.
g. Installation, removal, or alteration of the following site furnishings: benches; movable tables and seating; movable planters; movable water features; trash/recycling receptacles; and bike racks.
h. Rights-of-way alterations, including but not limited to alterations to sidewalks, curbs, and the roadway.
i. Installation of improvements for accessibility compliance.
j. Installation, removal, or alteration of fire and life safety equipment.
k. Emergency repairs that are not already considered in-kind repair, if the proposed replacement material used for the repair is compatible with the existing historic building material.
l. In the historic downtown district and surrounding area, alteration of existing doors and windows, including changing a door to a window or a window to a door, as long as the proposed alterations do not destroy existing historic building materials. (Ord. 3880 § 18, 2023).