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22 Aesthetics, Community Character,and the Law In attempting to interpret and apply this code, the commissioners charged with that task were left only with their own individual,sub- jective"feelings"about the"image of Issaquah"and as to whether this project was"compatible" or"interesting." The point we make here is that neither Anderson [the developer] nor the commissioners may constitutionally be required or allowed to guess at the meaning of the code's building design requirements by driving up and down...looking at"good and bad"examples of what has been done with other buildings,recently or in the past.This is the very epitome of discretionary,arbitrary enforcement of the law.(at 76) The Issaquah case underscores The Issaquah case underscores the main point to remember regarding the main point to remember standards for design review: Standards must be sufficiently clear so as to regarding standards for design give effective and meaningful guidance to applicants as to what is being review:Standards must be required in terms of design without them having to guess,and to the pub- sufficiently clear so as to give lic officials responsible for enforcing the standards.12 Otherwise, the regu- effective and meaningful lations will be challenged frequently and may have a difficult time with- guidance to applicants as to standing judicial review. what is being required in terms of design without them having to guess,and to the Recent Developments public officials responsible for enforcing the standards. As discussed, a rapidly growing number of communities are paying at- tention -tention to design review in areas outside historic districts, spurred by growing citizen concern and supported by favorable court decisions.This section discusses some of the more important recent developments in the field,including the use of new tools and approaches to ensure compatibil- ity of new construction with its surrounding architectural and environ- mental context,such as conservation districts. We also consider the use of design review to combat traditionally prob- lematic development types, such as big-box retail stores and corporate franchises. Conservation districts. Conservation districts,geared to preserving the character of existing neighborhoods, are being considered or have beer adopted in a growing number of jurisdiction strict�egulations.the eNlany con jd States a. .one alternative to more stringent servation districts have been implemented for areas that fall short of meet ing the criteria for a local,state,or national historic designation,but whicl nevertheless have important cultural, visual, or other significance. Somi are intended as step-down, buffer, or transition areas immediately sur rounding a protected historic district.Others are directed at preserving th ;f:!! rsidential character of a neighborhood,maintaining a unique communit , center,or emphasizing an important cultural element of a community. � ._ Conservation districts Design flexibility is an important attribute of conservation districts generally are an effective compared to historic districts. Whereas the primary purpose of a histor means of protecting district is to protect the historic integrity of an area(usually by preventin neighborhood character.They demolition and requiring appropriate renovation or highly compatib can be specifically tailored to new construction),conservation districts can, depending on how they a the needs of a discrete area,grdrafted,be much more flexible and can allow design elements that mig for problemsro sing the associatedpottal for with accent or complement a particular neighborhood feature as long as ti vague design standards general character of the area remains intact.Conservation districts also ci applicable to large areas. easily accommodate the protection of more than one style or era within t] district. Conservation districts generally are an effective means of protecti: neighborhood character.They can be specifically tailored to the needs o discrete area, greatly reducing the potential for problems associated w vague design standards applicable to large areas. Moreover, conservati district regulations are typically less stringent than historic district regu