Legislator offers more detail on building design

The Press March 1, article on HB #480 did not explain it allows beautification powers for commercial and industrial buildings on the exterior surfaces, just not a structural re-design. The bill limits Cities’ mandating a costly and time consuming structural re-design. In commercial and industrial structures, building form is related to building function. A carwash looks different from a C-store; and an office looks different than a retail building.

Using zoning powers to legislate building beauty is highly subjective and arbitrary. Land uses are regulated, and buildings are typically regulated by height, setbacks, densities, width, yard areas, lot sizes, etc. Building codes further regulate designs. Most buildings precede beautification requirements and provide a rich variation of building architecture, with no need for government censure. How did we ever build Idaho without cities mandating building beauty?

Existing zoning law requires all permit standards be clear. The City of Coeur d’Alene design standards analyze “mass, bulk, and orientation”. Is that clear? Like most Idaho cities, the standards lack specific criteria. Project review in Coeur d’Alene incorporates the Comp Plan. These are vague and subjective standards, exercised by a separate design board. The scope of what buildings fall within design review are set by staff in some cases. Both the scope of review and some decisions are delegated to staff and a design board, contrary to state law . Vague standards invite arbitrariness; and put property owners at risk from oppressive decisions, or vulnerable to appeals, costs, and delays. This is bad for jobs, new investment, and it is an infringement on property rights.

The City claims they have to re-write their zoning ordinance. If the ordinance was compliant, the City could simply exclude commercial and industrial building re-design, and regulate surface finishes. The City does need to redraft their ordinances, but not because of HB # 480; it’s from the vague and subjective standards like “mass, bulk,” and from powers and authority delegated to the staff .

Laws must be specific, and contain clear, ascertainable standards. Another problem with beautification requirements is current law mandates all standards be uniform for buildings. Current law does not allow a subjective piecemeal re-design process, although many cities employ such a process. Monotonous designs are worse than market variations in architecture. HB # 480 is a measured step to reform the subjective beautification powers now used when cities haven’t adopted clear visual standards that recognize structures will vary in form and function, and owners must retain decision control over costly structural changes.