ABSTRACT
The zoning ordinance of a midsize city requires special permit and site plan review processes for all uses except individual single-family houses. The city council then amends the ordinance, adding as an additional requirement a design review and approval process for all proposed buildings plans. The ordinance establishes an architectural review board to conduct the design reviews and issue approvals or denials. The ordinance establishes a legislative policy regarding design review of proposed building plans, but then delegate’s administration of the review process to a nonlegislative body, the architectural review board. The ordinance must establish standards of acceptable design that provide reasonable guidance to all applicants. Ordinances have also relied on standards that either seeks to achieve, or to avoid, similarity of design, depending on whether the legislative purpose was to avoid monotony or achieve compatibility. If the ordinance clearly articulates the bases for treating certain building types and districts differently than others, it should survive a challenge on grounds.
