(A) Introduction. The following section shall be known and cited as the "Town of Dewey-Humboldt Overlay Zone Ordinance," and shall be incorporated by reference into the Zoning Regulations of the town, providing the enabling ordinance for the creation of zones which are to be "overlaid" or superimposed on the general provisions and the use districts for the purposes specified herein.
(B) Design Review Overlay ("DRO") Zones.
(1) Purpose. A Design Review Overlay (DRO) Zone enables the establishment of additional design and development-related requirements or guidelines which would overlay or be superimposed upon the regulations for the existing zoning districts and general provisions applicable to a specific geographic area. The creation and administration of a specific geographic area DRO zone is authorized for the purpose of enriching the lives of the population residing, working and visiting in the area by promoting harmonious, safe, attractive, desirable and compatible growth and development of the area. Each DRO zone is thus intended to improve the public health, safety and welfare by pursuing objectives, including but not limited to the following:
(a) To ensure that the design and construction of all developments and structures within the DRO zone support or enhance the community character or value of the area within the zone;
(b) To ensure that all structures and developments within the DRO zone conform with the aesthetic character of their surroundings by properly relating to their site or sites;
(c) To ensure that the design and development of all structures, projects, roads, plantings, drainage ways and service facilities within the DRO zone protect and enhance the environmental qualities such as air, water, natural vegetation, scenic vistas and topography;
(d) To ensure the proper provision for design for proposed open spaces, parking areas, landscaping, signing and screening of noncompatible uses;
(e) To ensure the protection and enhancement of economic values, natural attractiveness, personal health and safety, and desirable relationships with the surrounding community; and
(f) To ensure compliance with other requirements of this chapter, the Town General Plan and any specific area plans relating to the DRO zone.
(2) Scope.
(a) A DRO zone may be created to apply to the design and construction of any structure within the geographic boundaries of the zone, which requires a building permit (including sign permit) within the scope and jurisdiction of the Town Planning and Zoning Ordinance. A DRO zone may also be created to apply to the design and development of nonstructural features which do not in and of themselves require a building permit, but which pertain to the purposes of the DRO zone and the Planning and Zoning Ordinance.
(b) A DRO zone may be created to apply to any or all use districts within its zone and to any or all uses within the use district, including but not limited to the following: single family residential, multi-family residential, recreational, commercial, industrial and semi-public uses.
(c) A DRO zone may establish guidelines or requirements in addition to the general provisions and use districts on which it is overlaid. Design guidelines or requirements for a DRO zone may include, but are not limited to architectural style, landscaping, façades and theme treatments, historic preservation considerations; building colors and materials, scenic areas, public facilities and utilities.
(d) The content of the design guidelines and requirements (along with other particulars herein described) shall be determined by the owners of private property within the area proposed for a DRO zone.
(e) A DRO zone shall include private properties owned by a minimum of three separate owners of record of three separate properties and shall have a minimum size of 20 contiguous acres or shall contain a minimum of 20 legal lots or parcels.
(f) The geographic area of a DRO zone shall fall entirely within the incorporated area of the town and shall constitute one contiguous area.
(g) A DRO zone shall not geographically overlap any other DRO zone, nor shall there be permitted any "islands" of non-DRO area completely surrounded by a DRO zone. However, a DRO zone may be surrounded by a subsequent DRO zone.
(h) Public land may be included in the area of a DRO zone; however, the DRO provisions shall not apply to the design, construction or development of publicly owned and operated facilities. Public agencies are encouraged to voluntarily comply with the guidelines of the DRO zone within which they are developing. Whenever public land is included in the geographic area of a DRO zone, signatures representing public land shall not be counted nor shall the acreage of the public land be included in any calculations of required area. However, wherever public land is included in a DRO zone, and the public land forms the perimeter of the DRO zone, the private land outside the DRO zone within 300 feet of the perimeter shall be included for purposes of the "external petitions" required in division (B)(4)(d) below. Whenever public land included in a DRO zone is used for private purposes and/or whenever such land comes into private ownership, the guidelines and requirements of the DRO zone shall become applicable.
(3) Nomination process.
(a) Nomination. Any group of three or more separate owners of record of three separate properties within the town may delineate an area containing their properties (and perhaps others) and nominate that area for a possible DRO zone. Nomination of a DRO zone shall be by letter to the Planning and Zoning Commission describing the geographic extent and proposed content of the DRO zone, together with signatures of supporting property owners as well as any local community groups wishing to express support of the DRO zone.
(b) Staff consultation. Upon receipt of the nomination letter, the Zoning Administrator shall arrange and hold a consultation with one or more representatives of the nominating group to discuss the procedure, regulations, plans, fees and other matters relating to the creation and administration of a DRO zone. When the Zoning Administrator is satisfied as to the state of preparation of the nominating group, the Zoning Administrator shall recommend to the Planning and Zoning Commission that the nomination for a DRO zone be discussed in a public hearing.
(c) Public discussion. The members of the Planning and Zoning Commission shall form a hearing committee and hold a public hearing within (or as near as practicable to) the proposed DRO zone area after due public notice, publication and posting within the area. The minimum hearing fee shall be paid by the nominating group for the application for public discussion.
(d) Invitation to apply. After discussion, the Planning and Zoning Commission may invite the nominating group to develop and submit a formal DRO zone application. No more than one DRO nomination will be accepted for formal application for any one area (i.e., no duplication or overlaps) at any one time. If several DRO zone applications are known to be in preparation for the same or adjacent general areas, the Planning and Zoning Commission may delay one or more applications to foster integration, consistency, compatibility or feasibility for the welfare of the larger community.
(4) Application process.
(a) Preparation. The nominating group shall prepare a full DRO zone application meeting the content requirements below. Upon completion, the nominating group shall submit the application to the Zoning Administrator for an advisory review of content and completeness.
(b) Filing. When advised of the completeness of the application, the nominating group shall file the application, along with an application fee, with the Zoning Administrator. Additional copies of the application shall be placed at points of local availability for review by local property owners in such locations as may be approved by the Zoning Administrator. Any change in the geographic area, content or other material change in the proposed DRO zone shall constitute a new application and shall require a complete new recording or an amendment to the original master form stating the specific portion or portions to be changed or deleted by reference to page and paragraph.
(c) Owners of record. The nominating group shall prepare and submit a certified list of the names, addresses, County Assessor's parcel numbers, and acreage of parcels of every owner of record of every parcel (as of the date of recording of the draft DRO zone) within the proposed DRO zone. The nominating group shall pay the cost (if any) of copying and/or computer services necessary to produce and certify this list.
(d) Support petitions from within the DRO zone. Within 12 months of the date of recording of the filed application, the nominating group shall obtain and submit to the Zoning Administrator the signatures, indicating support, of 57% by area and by number of the owners of record of properties within the defined DRO zone, on a petition which specifies the geographic area and the content of the DRO zone together with a citation of the recording of the full formal application.
(e) Certified list. The nominating group shall also prepare and submit a certified list of the names, addresses and County Assessor's parcel numbers of every owner of record of every parcel (as of the date or recording of the draft DRO zone) within 300 feet of the perimeter of the proposed DRO zone.
(f) Time limit. Failure to obtain the required percentage of valid signatures for the internal area of the DRO within 12 months of the recording of the application shall constitute a failure of the application. New updated application together with new petition signatures shall be required to proceed after a failed application.
(5) Application content requirements. The filed application shall include the following minimum information:
(a) A proposed name for the DRO zone;
(b) A reproducible map showing the proposed geographic coverage of the DRO zone;
(c) A letter from the Planning and Zoning Commission staff attesting to the completeness of the application;
(d) A cover letter generally describing the area, purpose and content of the DRO zone signed by a representative of the nominating group;
(e) A list of the names and addresses of the nominating group;
(f) The name, address and telephone number of one or more persons willing to serve as a speaker and source of public information concerning the DRO zone nomination;
(g) A legal description specifying the outer boundaries of the proposed geographic area of the DRO zone;
(h) A citation of the portions of the Town of Dewey-Humboldt General Plan and any area plans which relate to the geographic scope of the proposed DRO zone;
(i) A citation of the zoning maps (by Assessor's parcel map system number) for all areas covered by and within 300 feet of the perimeter of the DRO zone;
(j) The proposed development scope or content proposed to be regulated by guidelines or requirements within the DRO zone;
(k) A detailed sample of the proposed criteria list, charts, guidelines or other specifications to be provided to each applicant requesting review and the standards against which each application will be reviewed;
(l) A schedule of proposed application review fees to be charged for local design review overlay applicants, if any; and
(m) All other information which the Planning and Zoning Commission, serving as the DRO Commissioner, Zoning Administrator, or Town Council may deem necessary.
(6) DRO zone adoption process.
(a) Certification. Upon receipt of the lists of owners of record and the petitions containing the required signatures on both the internal approval and external consent petitions together with such hearing fees as may be adopted, the Zoning Administrator shall certify the validity of the signatures on both petitions.
(b) Area hearings. Upon certification of the petitions, the Planning and Zoning Commission shall appoint a committee from among its members to hold at least one public hearing within the area of the proposed DRO zone. The hearing committee of the Planning and Zoning Commission shall report to the full Planning and Zoning Commission its recommendation as to the readiness of the DRO zone for full public hearings. The Planning and Zoning Commission may move to direct the hearing committee to hold additional hearings in the area as may be necessary to ensure adequate public information.
(c) Planning and Zoning Commission hearings.
1. All hearings by the Planning and Zoning Commission and Town Council shall follow procedural requirements of the A.R.S. and the Planning and Zoning Ordinance of the town. After the area public hearings, the Planning and Zoning Commission shall then advertise and hold a public hearing in a regular Planning and Zoning Commission meeting and formulate a recommendation to the Town Council as to the general advisability and particulars of the proposed DRO zone.
2. Town Council hearings. Subsequently, the Town Council shall hold a public hearing to consider the adoption of the DRO zone as proposed and/or amended. The Town Council shall hear the DRO application as recorded together with the Planning and Zoning Commission's recommendations and public input. At the first Town Council hearing, the Council may only approve or deny the DRO application as recorded or move to hold in abeyance or move to amend and re-hear (with re-advertisement calling attention to the content of the proposed amendment(s)). At the second and subsequent Town Council public hearings, the Council may approve duly advertised amendments.
(7) Amendments to the DRO Zone.
(a) Amendment. After adoption, any amendment to a DRO Zone which in the determination of the Zoning Administrator materially alters the area coverage and/or the content of the design guidelines or requirements or their applicability shall follow the same procedural and content requirements specified for the original nomination, application and adoption of a DRO zone.
(b) Recision. The recision of a DRO zone shall follow the same procedure and requirements as any amendment, except as provided below for abandonment.
(c) Abandonment. A DRO zone may be abandoned upon the initiation of the Planning and Zoning Commission according to the following procedures:
1. The Planning and Zoning Commission in discussion moves to initiate a public hearing to consider a finding of fact.
2. The Planning and Zoning Commission, in public hearing, adopts a finding of fact of extraordinary circumstances (including but not limited to substantial unworkability of the DRO zone; de facto abandonment of the DRO zone by the property owners; nonfeasance, misfeasance and/or malfeasance by the DRO Commission; impending public turmoil or other threat to the public welfare) and upon the basis of such finding initiate a second public hearing to consider the abandonment of the DRO zone.
3. The Planning and Zoning Commission, in public hearing, adopts a recommendation to the Town Council to abandon the DRO zone.
4. The Town Council, in public hearing:
a. Concurs in the finding of fact of extraordinary circumstances; and
b. Adopts the Planning and Zoning Commission recommendation to abandon the DRO zone.
(8) DRO Commission. The Planning and Zoning Commission shall serve as the DRO (Local DRO Zone Review) Commission.
(9) Implementation.
(a) A DRO zone shall be created and its guidelines and requirements shall become effective 30 days after its adoption as a zone by the Town Council. The adopted DRO zone and its contents and geographic scope shall be on file in the office of the Zoning Administrator. Each DRO zone shall be numbered and its geographic scope depicted on the official zoning maps of the town in the office of the Zoning Administrator.
(b) Upon adoption and after the effective date of a DRO zone, any person intending to construct any structure within the jurisdiction of the Town Planning and Zoning Ordinance, before applying for a building permit from the Zoning Administrator, shall first submit an application to the DRO Commission, who shall schedule and hold a review in public hearing.
(c) The Zoning Administrator shall withhold the issuance of the building permit in a DRO zone for a period sufficient to permit adequate public notice, the holding of hearing by the DRO Commission and a ten-working day response period following the decision of the DRO Commission.
(d) The DRO Commission shall forward its recommendation to the Zoning Administrator. Giving due consideration to the recommendation of the DRO Commission, the Zoning Administrator or Building Official shall issue or withhold the requested building permit, notifying both the applicant and the DRO Commission. The withholding of a building permit on grounds relating to the recommendation of the DRO Review Commission shall be in the form of a letter to the applicant and to the DRO Commission citing the reasons for the refusal.
(10) Appeals. Any applicant for a building permit who is refused a building permit on grounds relating to the recommendation of the DRO Commission, or the DRO Commission itself, or any affected party, including any owner of property within the DRO zone, may appeal the decision of the Zoning Administrator to the Board of Adjustments. The appeal must be made within 30 days of the issuance of the building permit or its refusal, pursuant to § 153.021.
(11) Compliance. The failure to construct any structure within the DRO zone in a manner consistent with the content of the building permit and the application as approved by the DRO Commission shall constitute a violation of the Planning and Zoning Ordinance. Citation of a violation of the DRO zone requirements and guidelines shall be initiated by either the Zoning Administrator or by a signed complaint from the DRO Commission adopted and forwarded to the Zoning Administrator.
(12) Authority. The Town Council hereby authorizes the creation and administration of Design Review Overlay Zones adopted consistent with this enabling section and the Town Planning and Zoning Ordinance of which this is a part.
(Ord. § 470, passed 9-4-2008)