(A) Purpose and intent. The purpose of this the Special Plan District overlay zone is to preserve and enhance significant historical, architectural, archaeological, cultural, aesthetic, and other such resources of the town in the interest of the welfare of the people of Payson. This section is intended to provide a means to protect, and/or improve the historic, unique and aesthetic characteristics of the town; foster civic pride in the accomplishments of the past, support economic development, and promote historic education.
(B) Special Plan District Commissions.
(1) The Special Plan Committee (SPC). The Town Planning Zoning Commission may act as the Special Plan Committee for any Special Plan District upon approval of the Council. If the Commission does not serve in this capacity, a Special Plan Committee shall be appointed by the Council and shall consist of seven members who are residents or property owners within the specified district boundaries. The members shall serve for terms of three years, except that the members or the first Committee shall serve as designated by the Council for the following terms; three members for one year, and three members for two years. Any vacancy shall be filled by the Council within a reasonable time after the vacancy occurs for the unexpired term. Members of the Committee shall serve without compensation. Rules of order generally applied for official bodies of the town shall apply to the SPCs.
(2) Members of the SPC shall be those who have demonstrated special interest, knowledge or experience in the character and history of the district, and there shall be at least one member selected from the following professions; architecture, real estate, and history.
(3) The SPC chairman, vice-chairman and secretary shall be elected by majority vote of the SPC. The Community Development Director shall provide staff support to the SPCs.
(4) The SPCs shall serve at the Council's discretion to provide a forum to study and bring people together, and shall make recommendations on issues regarding the character of the district, including historic preservation.
(5) The SPCs shall develop the district's special plan in conjunction with the Community Development Department, in concert with the Town of Payson Master Plan, and shall present it to the Council for adoption.
(6) The SPCs shall provide building design review within the respective district, review plans and proposals for development within the assigned overlay district and make recommendations to Council regarding the approval of developments, and potential stipulations.
(7) If a member of an SPC fails to attend three consecutive regular meeting of the SPC or fails to attend 50% or more of the regular meetings of the SPC during a calendar year, unless excused by the Chairman, that member's seat shall be considered vacant and the Council shall appoint a new member to serve the balance of the unexpired term.
(C) Special Plan Development Overlay District procedures.
(1) Requests for SPD Overlay Districts shall follow the same procedures as requests for a change of zoning district classification, outlined in § 154-09-007, in addition to the requirements of this section, and shall be submitted by the Special Plan Committee.
(2) All requests for SPD Overlay Districts shall be accompanied by a completed application and a specific development plan, drawn to scale of not less than 100 feet to the inch, containing the following information:
(a) Boundaries of the site, adjacent zoning, and land use intended for the site.
(b) Names and dimensions of all streets bounding or abutting the site and all streets proposed within the site.
(c) Proposed public dedications within the site.
(3) No amendment to the Zoning Map shall be approved until the final development plan has been reviewed and recommended by the Planning and Zoning Commission, and approved by the Council in conjunction with the request for SPD Overlay zoning.
(D) Development standards.
(1) Special Plan Overlay Districts shall be limited to areas greater than five acres.
(2) All land uses in an SPD shall conform to the development standards of the underlying zoning district specified in this Code, except as specified below.
(3) Modifications from the underlying zone's development standards may be requested as part of the development plan for the SPD.
(4) Requests for modified development standards shall accompany the SPD development plan in written and graphic form to illustrate the conditions that the modified standards will produce, to enable the Council to make the determination as to whether the modifications will produce a quality environment that will meet or exceed the needs of the neighborhoods within the SPD more effectively than existing regulations.
(5) If the SPD encompasses residential uses, the same minimum area per dwelling as specified in the lot development standards table for residential district underlying the SPD, shall be used to calculate the maximum number of dwelling units permitted, unless otherwise determined by the Council following review of the SPD development plan.
(6) Lot sizes, setbacks, and building envelopes within the SPD may be modified from those required in the lot development standards tables in this Code in order to protect or enhance historic structures, preserve or improve the special character of the area, to cluster buildings for the preservation of significant native vegetation, or to create more effective use of common open space.
(7) Reserved
(8) No SPD shall be approved unless the Council determines that it is compatible with the surrounding area and is not detrimental to the natural environment, residents, workers, adjacent property, neighborhoods, or the public welfare in the vicinity.
(E) Special plan implementation.
(1) The special plan district administrator shall be the Community Development Director or designee, and shall be authorized to issue certificates of suitability for approval of buildings or other developments according to criteria as approved by the Committee for the specific historic district. The historic district officer shall serve as staff to the SPC.
(2) Special plans shall be developed for each of the special planning districts established by the Council. Each plan shall be reviewed and adopted by the Council. The special plans will include the following at a minimum:
(a) Map of the special planning district showing the proposed land uses for the district and the circulation pattern.
(b) A development plan describing and illustrates design guidelines, special restrictions, incentives, and use stipulations that supplant the underlying zoning districts.
(c) A schedule for capital improvements and general development of the area.
(F) Building and design review.
(1) When a building permit is sought from the town to demolish, alter, remodel, move, build or otherwise develop or landscape property in an SPC, issuance of the permit shall be deferred until after a certificate of effect is issued by either the Community Development Director or upon approval by the SPC.
(2) Plans showing the scope of the proposed work shall be submitted at the time of application of a certificate of suitability and an approved plan shall be binding upon the applicant and their successors and assignees. No building permit shall be issued for a building or structure not in accordance with the plan, except that temporary facilities shall be permitted in conjunction with construction. No structure or other element specified on the plan shall be eliminated, altered, or provided in another manner, unless an amendment is approved in conjunction with the procedures for original approvals.
(3) Nothing in this section shall be construed to prevent ordinary maintenance or repair, including painting, or any structure in the historic district, which does not alter the approved character of the structure.
(Ord. 466, passed 2-22-96)