Loading...
2628 ORDINANCE NO. 2& 8 AN ORDINANCE AMENDING ORDINANCE 1290, ESTABLISHING A COMMUNITY DESIGN REVIEW COMMISSION, DEFINING THE DUTIES OF THE COMMISSION, PROVIDING FOR THE APPOINTMENT OF COMMISSIONERS AND FOR OTHER PURPOSES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS,ARKANSAS: SECTION 1. CREATION AND PURPOSE. A Community Design Review Commission, hereinafter referred to as the "DRC", is hereby established to develop specific review procedures for all non-single- family-residential-detached construction or development and associated accessory structures having an influence upon the appearance of the environment of the community and to apply such procedures in either approving or disapproving proposals for such improvements in the City. SECTION 2. MEMBERSHIP.The DRC shall consist of five(5) members, including one (1)alderman designated by the Mayor. The other four(4) members shall be appointed,or reappointed, by the Mayor and the majority vote of the City Council. The Mayor may attend in his official capacity to establish a quorum, if necessary.The Mayor shall designate one(1) member of the commission to be chairman thereof. The commission shall meet and organize to select a vice-chairman. The City Building Inspector and the City Engineer shall be ex-officio members. SECTION 3. TERMS. Terms of all members of the DRC shall be for one (1)year and shall expire on the thirty-first day of December of each year, or until their successors are appointed.Any member of the DRC may be removed at any time without cause upon a majority vote of the City Council. If a vacancy is created or a new appointment is necessary,the Mayor is to appoint the replacement or the new member to fill the unexpired term. SECTION 4. MEETINGS. Meetings of the DRC shall be held at least monthly. A majority of the members shall constitute a quorum and a quorum shall be required to transact any business of the DRC. The commission shall keep minutes of its proceedings showing the vote of each member upon each question,or if absent or failing to vote, indicating such fact. Copies of such minutes shall be transmitted to the Mayor and the City Clerk monthly. A majority of the commission may adopt rules and regulations to govern the procedure before the commission. SECTION 5. BUILDING PERMIT APPLICATIONS. A. Submittals to commission. All plans for non-single-family-residential detached construction and associated accessory structures shall be submitted to the DRC for approval in accordance with established procedures prior to the issuance of permits by the Building Inspector. In no case shall plans be submitted to or approved by the DRC which do not conform in all respects to plans previously approved by the planning commission, if planning commission is required by ordinance. B. Due consideration. Within thirty(30)days after an application shall have been submitted to the DRC,the Building Inspector shall examine same and present it to the members of the DRC for examination and determination of whether the proposed structure will conform to proper urban design standards and be conducive to the proper architectural development of the City. At the meeting the DRC shall examine the plans, elevations, specifications, and any other evidence that may be pertinent or requested. The chairman of the DRC may request the applicant or his representative to appear at the DRC meeting. The DRC shall act as expeditiously as practicable,and in no event shall any applicant be caused unreasonable delay. C. Approval or disapproval. At the meeting or at any meeting within fifteen (15)days subsequent thereto,the DRC shall approve the application if, in its opinion,the proposed development will conform to proper urban design standards and be conducive to the proper architectural development of the City. The DRC shall disapprove and return the application to the applicant if it determines that the proposed development will be unsightly or unsuitable in appearance or detrimental to the environment of the community or differs in any way from plans previously approved by the planning commission. The DRC shall make comments and recommendations toward the end of informing the applicant,the Building Inspector,the Mayor and the City Council why the proposal is unsuitable and what might be done to help bring it into conformance. When an application is disapproved,the applicant is to be advised of their right of appeal. • -2- D. Project development contract.A project development contract,suitable to the City Council, must be executed by and between the City and the developer before a building permit can be issued for any new building construction, exterior remodeling,or reconstruction of a non-single-family-residential- detached nature. E. Issuance of Permit. If the DRC transmits the application to the Building Inspector with approval, the Building Inspector may issue the permit provided that all codes, ordinances, and requirements are met. SECTION 6. APPEALS. If any application or appeal is disapproved by the DRC under the provisions of this ordinance,the applicant may then appeal to the City Council to review the decision of the DRC at a regular meeting of the City Council not more than thirty(30)days after the appeal. The City Council, at the hearing, shall listen to all parties who desire to be heard and after the hearing shall approve or disapprove the application. Upon City Council approval of the appeal,the Building Inspector may issue the building permit forthwith, if the applicant has complied with all other codes,ordinances, regulations, and procedures regarding building permits. The action of the City Council in regard to the application, together with the report of the DRC,shall be entered in the minutes. SECTION 7. REPEALING CLAUSE. All ordinances or parts of ordinances in conflict herewith are hereby repealed. l,, �/�� PASSED AND APPROVED this /4 dayoiV)Id " 4 2023. MAYOR ATTEST: CITY CLERK SPONSORED BY: ECEIVED D� Clerk's ,� Aig