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The requirements of this section apply to all areas subject to review under the provisions of this chapter.

A. Applicability. Applications for design review shall be submitted prior to any other required applications, including but not limited to zoning permit, site development plan, or conditional use permit review. Design review is required for the following:

1. Any exterior alteration in the Old Town design district.

2. Any new structure in the Old Town design district.

3. Any new or remodeled large retail structure meeting the applicability criteria in TMC 18.145.030.

4. Major public improvements, when referred to the committee by the city council.

B. Exemptions from Review. Review by the architectural review committee is not required under the following circumstances:

1. Alteration to existing property that involves only a change in exterior paint color.

2. Any new or replacement wall, fence, commercial sign, or awning.

3. Changes to the interior of the structure unless interior features are cited as a significant part of a structure’s nomination to the National Register, or as a significant factor in the designation of the structure as a Talent landmark.

4. Maintenance or repair of any exterior architectural feature that does not entail a change in design or materials.

5. Remediation of Unsafe Conditions. Construction, reconstruction, alteration, restoration, demolition or removal of any feature when the building official evaluates the situation and determines that such action is required for public safety because the structure poses imminent danger that cannot be rectified otherwise is exempt.

6. Civic infrastructure construction, upgrade and improvement, including, but not limited to, street, sidewalk, and curb; sewer, water, electric, and gas utility, except when referred to committee by the council, as stated above in subsection (A)(4) of this section.

C. Application Requirements. An application for design review shall include the following:

1. The city’s standard design review form.

2. A narrative description of the project addressing each of the review criteria listed in the design standards or any other applicable design standards and guidelines adopted by ordinance.

3. Accurate scale drawings of the proposed alteration or new structure, including, at a minimum, elevation drawings of the proposed design. Elevations must include sufficient detail to show scale, bulk, building materials, and architectural details of the structure.

4. Specifications of the materials to be used for exterior surfaces and trim.

5. Illustrations of existing conditions and historic photos of the original and adjoining structures may be required for design review at the request of the committee or the city planner.

6. For new structures or exterior alterations to existing structures, the application shall include an accurate plot plan showing the location of all existing and proposed structures, nonstructural improvements such as driveways, trees and fences, and exterior alterations as defined in TMC 18.175.020. The plot plan shall also show the distances of all new and proposed structures and other improvements from property lines.

D. Procedure. Design review shall be conducted by the architectural review committee according to the following procedures:

1. Applicant submits an application form to the city planner, who shall review the application for completeness, then place the application on the agenda for a regularly scheduled meeting of the committee. The planner may also recommend arranging a site visit in advance of the regular meeting. Applications are due no less than two weeks before the scheduled meeting date.

2. The committee shall conduct the design review within 45 days of submission of a complete application and shall make a recommendation to the planner or planning commission.

E. Recommendation. Design review shall conclude with one of the following:

1. A recommendation to the city planner or planning commission that the project be approved as submitted. A recommendation may include suggested conditions of approval appropriate for the integrity of the district, building or site; or

2. Findings that the project as submitted does not meet the intent and purposes of this chapter, in which case the applicant may request a hearing before the planning commission.

F. Use of Committee’s Recommendation. Depending on the type (or level) of review, the recommendation will be used as follows:

1. Types I and II. The city planner will consider the recommendation of the committee and either issue or not issue a design review permit, which will detail the work that has been approved to be done and any conditions of approval. If the planner acts contrary to the recommendation of the committee, he or she shall detail the reasons for the decision and report the change to the committee at the next scheduled meeting.

2. Type III. The city planner will include the recommendation in its report to the planning commission on applications over which they have jurisdiction. The commission may make use of, use in part, or disregard the recommendation, but should detail its reasons for accepting or not accepting the recommendation when making its findings.

G. Approval. The project may begin when the applicant has the final approval of the city, including the city planner’s signature on the construction drawing, final plot plan for the project, and, if applicable, when the Oregon Special Tax Assessment Program or other statewide incentive approval has been received from SHPO.

H. Hearings. Nothing in this section shall preclude the planning commission from scheduling a public hearing for a design review if the committee, commission or city planner finds that the proposal warrants wider community involvement. Such hearing shall be conducted as specified in Chapter 18.190 TMC.

I. Appeal. The decision of the planning commission may be appealed as specified in Chapter 18.190 TMC.

J. No Permits Without Review. Building permits may not be issued for any type of construction subject to this chapter without a design review consultation with the architectural review committee and approval by the city planner or planning commission, as described above.

K. Special Assessment or Other Statewide Benefits. If the property has qualified or is proposed to be qualified for the Oregon Special Tax Assessment Program, or any other incentive program available through the state of Oregon, a separate application must be filed for review by the property owner with the State Historic Preservation Office (SHPO). [Ord. 851 § 3; Ord. 817 § 8-3L.730, 2006.]