Those areas of the town subject to the provisions of this chapter are hereby divided into use districts that together with the general provisions (where applicable) control the uses and structures, and their manner of installation and operation in the various town areas.

      (1)   Any use or structure not specifically permitted by district provisions (or analogous to a permitted use or structure) shall be deemed prohibited and unlawful (nor shall same be considered an accessory use or structure for the district).

      (2)   Land disposals, solid waste landfills and any similar storage or processing-facilities of solid waste are prohibited in all use districts within the town. This prohibition does not restrict the development of a waste-water treatment facility for the treatment of waste produced by a development for business or residential uses, in accordance with regulations of ADEQ/EPA and other regulatory agencies.

      (3)   Only if the limitations of this division, and other uses specifically prohibited in specific use districts, are amended or limited by legislative change or judicial interpretation, then any deviation from the strict interpretation, application and enforcement of such provisions shall require application for the issuance of a conditional use permit by the proposed user and/or property owner, and the approval and issuance of such conditional use permit by the Town Council. The application for such must illustrate how external effects shall be mitigated through the term of such use (air, subterranean, noise, glare and/or aesthetic). Otherwise, no use permit is available.

 

 

 

(Ord. 08-44 § 400, passed 10-21-2008; Am. Ord. 09-50, passed 4-21-2009)

   Permitted uses for the R1L District (Residential; Single Family Limited to site built structures only) are as follows in this section.

   (A)   Where no zoning/density district has been combined, then all provisions of Density District 10 shall prevail (see § 153.069, most common ones shown in chart below).

   (B)   (1)   Dwelling unit (site built) for one family on any one lot;

      (2)   Religious institutions (in permanent site-built buildings);

      (3)   Educational institutions (publicly funded) as defined in § 153.005 under BUILDING (SITE BUILT);

      (4)   Community parks, playgrounds or centers when part of a community plan;

      (5)   Public utility facilities (but not business offices nor repair or storage facilities) when necessary for serving the surrounding territory on one acre or less following administrative review with comment period;

      (6)   When in conjunction with an approved development plan, golf courses with accessory uses such as pro shops, shelters, restrooms and the like (but not commercial driving ranges or miniature putting courses). Subject to the performance standards set out in § 153.075;

      (7)   Accessory uses and structures (concurrent with and located on the same lot with the principal uses and structures, and including the following):

         (a)   Farm animals (except swine) on lots of no less than 70,000 square feet for the convenience and pleasure of the lot owner or occupant, not to exceed the number allowed as per the Allowed Animal Chart in § 153.066. Stables, barns or structures for sheltering or feeding animals must observe the same setbacks or yards as the dwelling unit;

         (b)   Swimming pools in other than the front yard primary use setback area in compliance with design guidelines in § 153.090;

         (c)   Quarters for servants and/or nonpaying guests attached to the dwelling (facilities for preparation of food are prohibited);

         (d)   Temporary construction offices and construction sheds and yards incidental to a recorded subdivision development or other on-site construction project for a period not exceeding 24 months from date of plat recordation or date of issuance of construction project permit with no permits (other than electrical permits) required to install same (prohibited closer to lot boundary than is allowed for a principal building in the district);

         (e)   Open land carnival and recreation facilities accessory to religious or educational institutions (confined to same lot);

         (f)   Temporary on-site sales (real estate) facility only as defined in § 153.005 in compliance with the regulations and performance standards outlined under § 153.088;

         (g)   Household pets;

         (h)   Fences and freestanding walls;

         (i)   Parking facilities to meet no less than the minimum requirements as provided under § 153.110;

         (j)   Educational institutions as defined in § 153.005 but privately funded, allowed as an accessory use to a religious institution.

         (k)   Steel storage containers that meet the minimum requirements as provided under § 153.086.

      (8)   Occupancy of temporary housing, including travel trailers, recreational vehicles and single-wide manufactured homes during the construction of a permanent dwelling is allowed during the 24-month period after the issuance of a building permit (and the building permit remains valid). A permit for the temporary housing must be obtained prior to occupancy of the temporary dwelling unit. One extension of time for use of a recreational vehicle, travel trailer or single-wide manufactured home as temporary housing may be granted at the discretion of the Zoning Administrator or his/her designee for a period not to exceed the maximum life of the original building permit for the permanent dwelling which is 30 months from its issuance date (24 months plus one six-month extension). Further extensions will require a use permit.

      (9)   Bed and breakfast homestays as defined under § 153.005, subject to performance standards set out in § 153.068 for homestays with administrative review with comment period.

      (10)   Accessory dwelling units as defined in § 153.005, subject to the performance standards set out in § 153.075.5, with a minimum parcel size of 70,000 square feet.

      (11)   Home occupations as defined under § 153.005, subject to approval by the Zoning Administrator or his/her designee; home occupation shall comply with the regulations and standards set out in § 153.077.

 

(Ord. 08-44 § 410, passed 10-21-2008; Am. Ord. 11-80, passed 2-1-2011; Am. Ord. 15-110, passed 4-7- 2015; Am. Ord. 20-150, passed 1-21-2020)

   (A)   Where no zoning/density district has been combined, then all provisions of Density District 10 shall prevail (see § 153.069, most common ones shown in chart below).

   (B)   (1)   All principal and accessory uses and structures permitted in the R1L Zoning District;

      (2)   Multi-sectional manufactured homes, as defined under § 153.005. To be permitted, multi-sectional manufactured homes must conform to all provisions set out in §§ 153.005 and 153.082;

      (3)   Factory built dwelling as defined under § 153.005;

      (4)   Steel storage containers to meet the minimum requirements as provided under § 153.086; and

      (5)   Educational institutions (publicly funded) as defined in § 153.005 (in any permitted buildings); and

      (6)   Accessory dwelling unit as defined in § 153.005, subject to the performance standards set out in § 153.075.5, with a minimum parcel size of 70,000 square feet.

 

(Ord. 08-44 § 411, passed 10-21-2008; Am. Ord. 15-110, passed 4-7-2015)

   Permitted uses for the R1 District (Residential; Single Family; site built, multi-sectional and manufactured) are as follows in this section.

   (A)   Where no zoning/density district has been combined, then all provisions of Density District 10 shall prevail (see § 153.069, most common ones shown in chart below).

   (B)   (1)   All principal and accessory uses and structures permitted in the R1L and RMM Districts, Manufactured Housing and Mobile Homes as set forth under § 153.082;

      (2)   Manufactured homes are permitted as a dwelling unit for a single family on an individual lot or parcel as set forth in § 153.005 and subject to § 153.082;

      (3)   Additional accessory uses and structures (concurrent with and located on the same lot with the principal uses and structures and including the following):

         (a)   Roomers or boarders, not to exceed two for any one dwelling unit;

         (b)   Farm animals (except swine) on lots of no less than 35,000 square feet for the convenience and pleasure of the lot occupants, not to exceed the number allowed as per the Allowed Animal Chart in § 153.066. Stables, barns or structures for sheltering or feeding animals must observe the same setbacks or yards as the dwelling unit.

      (4)   Accessory dwelling units as defined in § 153.005, subject to the performance standards set out in § 153.075.5, with a minimum parcel size of 35,000 square feet.

 

(Ord. 08-44 § 412, passed 10-21-2008; Am. Ord. 15-110, passed 4-7-2015)

   Permitted uses for the RCU District (Residential; Single Family; Rural) are as follows in this section.

   (A)   This RCU District is intended to provide a zoning classification for all areas of the town not presently characterized by urban uses. Notwithstanding any other provision of this chapter, including any density designation, no lot or parcel zoned RCU shall have a density less than two acres.

   (B)   (1)   All uses allowed in the R1L, RMM and R1 Districts; and

      (2)   Density table, as follows.

 

(Ord. § 413, passed 9-4-2008)

   Permitted uses for the R2 District (Residential; Multi-Family) are as follows in this section.

   (A)   Where no zoning/density district has been combined, then all provisions of Density District 3 shall prevail (see § 153.069, most common ones shown in chart below).

   (B)   (1)   All principal and accessory uses and structures permitted in the RCU District;

      (2)   Multi-family dwelling units and apartment hotels (site-built buildings only) in conformity with the density formula for the district;

      (3)   Lots abutting an arterial highway permit the following:

         (a)   Rooming and boarding houses;

         (b)   Fraternity and sorority houses; and

         (c)   Orphanages and homes for the aged.

      (4)   Bed and breakfast homestays as defined under § 153.005; and

      (5)   Bed and breakfast inns as defined under § 153.005, subject to the regulations and performance standards set out in § 153.068 subject to administrative review with comment period.

 

(Ord. 08-44 § 414, passed 10-21-2008)

   Permitted uses for the RS District (Residential and Services) are as follows in this section.

   (A)   Where no zoning/density district has been combined, then all provisions of Density District 3 shall prevail (see § 153.069, most common ones shown in chart below).

   (B)   (1)   All principal and accessory uses and structures permitted in any more restrictive zoning district, except accessory dwelling units. Where the lot is contiguous to a less restrictive zoning district, requirement for securing an administrative review is waived (unless otherwise provided for);

      (2)   Offering of personal services within enclosed buildings (such as, but not limited to beauty and barber, massage, photography, group instruction, tailoring and small appliance repair). Such operations shall not include the offering of materials or equipment for sale. Small appliance repair not to include small gas engines. Subject to administrative review with comment period;

      (3)   Hospitals, clinics, sanitariums and nursing homes for the care of humans on a minimum one-half acre parcel excluding road right-of-way;

      (4)   Offices in which only professional, administrative, clerical or sales services are conducted;

      (5)   Private clubs and lodges operated solely for the benefit of bona fide members, including outdoor recreation or assembly facilities on two acres or less. Subject to administrative review with comment period;

      (6)   Nursery schools on minimum one-half acre parcel;

      (7)   Revival tents and similar temporary operations; and

      (8)   Educational institutions (privately funded) as defined in § 153.005 (provided they offer a curriculum of general instruction comparable to similar publicly funded educational institutions).

 

(Ord. 08-44 § 415, passed 10-21-2008; Am. Ord. 15-110, passed 4-7-2015)

   Permitted uses for the C1 District (Commercial; Neighborhood Sales and Services) are as follows in this section.

   (A)   (1)   Permitted uses and structures shall be compatible with the neighborhood development. Storage of materials and supplies, displays (other than signs) and other nonresidential uses are restricted to buildings closed on all sides (except as may otherwise be permitted). Intoxicating beverage sale restricted to that of off-site consumption only.

      (2)   Where no density district has been combined, then the provisions of Density District 2 shall prevail for dwelling units, hotels and motels (see § 153.069, most common ones shown in chart below).

   (B)   (1)   All principal and accessory uses permitted in any more restrictive zoning district, except accessory dwelling units; and providing further that, unless specifically provided to the contrary, the requirements for an administrative review (except for lots contiguous to residential districts) are waived;

      (2)   Mobile home courts, subject to administrative review with comment period;

      (3)   Retail sales, restricted to on-site sales only;

      (4)   Commercial art galleries;

      (5)   Restaurants and cafes, but prohibiting vending from openings in buildings (no drive-through windows);

      (6)   Business offices, banks and similar;

      (7)   Custom service and craft shops as follows, limited to 3,000 square feet of shop floor area: barber, beauty, massage, tailor and cleaning pickup, key and gun, photographic, fixit (home appliance, saw, mower, clock, radio, TV and similar) precision and musical instrument, optical;

      (8)   Launderettes, limited to machines not exceeding 25 pounds capacity according to manufacturer's rating;

      (9)   Dancing, art, music and business schools (prohibiting public recitals, concerts or dances);

      (10)   Automotive service stations, see § 153.074;

      (11)   Parking facilities limited to no more than two trucks for any one commercial project;

      (12)   Signs, see §§ 153.125 through 153.130;

      (13)   Bed and breakfast country inns, as defined under § 153.005;

      (14)   Hotel/motel/resorts;

      (15)   Retail liquid propane dispensing stations on the premises and as an accessory to an allowed retail commercial use subject to design and siting approval and inspection by the Office of the Arizona State Fire Marshal and/or the applicable Fire District. See performance criteria in § 153.081;

      (16)   Lodging and timeshares; and

      (17)   Museums.

   (C)   (1)   Yard requirements: as provided under § 153.065;

      (2)   Building heights: in accordance with § 153.069; and

      (3)   Building density: in accordance with § 153.069.

 

(Ord. 08-44 § 420, passed 10-21-2008; Am. Ord. 15-110, passed 4-7-2015; Am. Ord. 19-146, passed 9-3-2019)

   Permitted uses for the C2 District (Commercial; General Sales and Services) are as follows in this section.

   (A)   (1)   Storage of materials and supplies, displays (other than signs), and other nonresidential uses are restricted to buildings closed on sides facing lot perimeter (i.e., no service entries/bays facing street or readily visible from adjacent residential) (except as may otherwise be permitted).

      (2)   Where no density district has been combined, then the provisions of Density District 1 shall prevail for dwelling units, hotels and motels (see § 153.069, most common ones shown in chart below).

   (B)   (1)   All principal and accessory uses permitted in any more restrictive zoning district, except accessory dwelling units; and providing further that, unless specifically provided to the contrary, the following are waived:

         (a)   Requirements for use permits/administrative reviews (except for lots contiguous to residential districts);

         (b)   Area limitations for uses and buildings; and

         (c)   Limitations on hours of operation.

      (2)   Sales (retail and wholesale) and rentals;

      (3)   Commercial parking facilities;

      (4)   Bars, tap rooms and nightclubs;

      (5)   Theaters, auditoriums, banquet and dance halls;

      (6)   Dancing, art, music, business and trade schools (including permission for public recitals, concerts and dances);

      (7)   Commercial bath and massage;

      (8)   Frozen food lockers;

      (9)   Custom craft and service shops, limited to 5,000 square feet of shop floor area. Cleaning and dyeing limited to closed unit machines with self-contained transmission and using solvents, shampoos, detergents and other agents of chlorinated solvent type and having a rating of five or under by Underwriters Laboratories, Inc.;

      (10)   Bowling alleys and poolrooms;

      (11)   Water distillation and bottling for retail sales only, limited to 5,000 square feet of shop floor area;

      (12)   Mortuaries (loading, unloading and automobile stacking for processionals confined to mortuary premises);

      (13)   Vending for on or off-site consumption of foods, confections, nonintoxicating drinks (and other refreshments) through openings in buildings (no such vending allowed within 300 feet of a public or parochial grade or high school);

      (14)   General repair of automobiles, light trucks, recreational vehicles, cycles and small stationary or portable machinery entirely within enclosed buildings or attached enclosures of solid material at least six feet in height: subject to performance criteria set out in § 153.092;

      (15)   General sales of new and used automobiles, light trucks, recreational vehicles, travel trailers, mobile homes, boats, boat trailers, utility trailers, motorcycles, ATVs (all terrain vehicles), bicycles and small stationary or portable machinery within enclosed buildings. Outside display of such vehicles or similar merchandise shall be permitted subject to performance criteria set out in § 153.085;

      (16)   Veterinary clinics and hospitals for the diagnosis and treatment of household pets and other small animals under 100 pounds, entirely within an enclosed building not exceeding 3,000 square feet. Boarding of animals incidental to their diagnosis or treatment shall be permitted, provided that:

         (a)   The boarding area is entirely within the same building as the clinic or hospital and does not exceed 50% of the total floor area; and

         (b)   The boarding area is either completely soundproofed or is no closer than 300 feet to any contiguous parcel of property. No on-site incineration shall be permitted.

      (17)   Pet shops within enclosed buildings not exceeding 1,500 square feet for the display and sale of household pets and other small animals, under 100 pounds, provided that:

         (a)   The pet shop is either completely soundproofed or is no closer than 300 feet to any contiguous parcel of residential property zoned or used for residential purposes; and

         (b)   No on-site incineration shall be permitted.

      (18)   Signs: see §§ 153.125 through 153.130;

      (19)   Self-service storage facilities: see § 153.089; and

      (20)   Recreational vehicle parks.

   (C)   (1)   Yard requirements: same as for C1 District;

      (2)   Building heights: in accordance with § 153.069; and

      (3)   Building density: in accordance with § 153.069.

 

(Ord. 08-44 § 421, passed 10-21-2008; Am. Ord. 15-110, passed 4-7-2015; Am. Ord. 20-155, passed 12-15-2020)

   Permitted uses for the C3 District (Commercial and Minor Industrial) are as follows in this section.

   (A)   (1)   The front 50 feet depth of a lot shall not be used for open-land storage of material or equipment, work yard or display (except display for sale or rental as may be granted under a use permit); such open-land storage or work areas on any other portion of the lot shall be secured by a solid wall, fence or hedge so as not to be visible from any higher ranking zoning district (nor shall any materials or equipment extend higher than such screening).

      (2)   Where no density district has been combined, then the provisions of Density District 1 shall prevail for hotels and motels (see § 153.069, most common ones shown in chart below).

   (B)   (1)   All principal and accessory uses permitted in any more restrictive zoning district (except dwelling units and mobile home courts) and providing further that, unless specifically provided to the contrary, the following are waived:

         (a)   Requirements for use permits/ administrative reviews (except for lots contiguous to residential districts);

         (b)   Area limitations for uses and buildings;

         (c)   Limitations on hours of operation; and

         (d)   Confining of uses to closed or partially closed buildings.

      (2)   Sales facilities, retail and wholesale;

      (3)   Lumber yards (prohibiting milling and planning operations);

      (4)   Custom warehouses within closed buildings and not including animals, limited to 15,000 square feet of floor area;

      (5)   Craft shops and work, storage and equipment yards in connection therewith, limited to 15,000 square feet of floor area;

      (6)   Cemeteries for human or animal internment. Subject to administrative review with comment period;

      (7)   Pet shops within closed buildings;

      (8)   Small animal hospitals for diagnosis, treatment or boarding, limited to 5,000 square feet of floor area entirely within a closed building. Outdoor runs, pens and cages and/or larger buildings, no less than 100 feet from any residential district for such outdoor use, with special consideration to the neighborhood reaction to the administrative review application, type and number of day and night animal guests, whether to restrict to diagnosis and treatment or to permit boarding, the extent of outdoor activity; total lot and use area, and limitations on permit duration. Subject to administrative review with comment period;

      (9)   Transportation terminal and transfer facilities within closed buildings, limited to 15,000 square feet of floor area;

      (10)   Cleaning and dyeing plants within closed buildings, limited to 15,000 square feet of floor area;

      (11)   Body and fender shops within closed buildings;

      (12)   Commercial ballrooms, arenas, gymnasiums, rinks, pools and indoor shooting galleries;

      (13)   Public auction within closed buildings, livestock sales prohibited;

      (14)   Bottling plants confined to closed buildings, limited to 15,000 square feet of floor area;

      (15)   Custom tire recapping; and

      (16)   Signs: see §§ 153.125 through 153.130.

   (C)   (1)   Yards required: same as for C1 and C2 Districts;

      (2)   Building heights: in accordance with § 153.069;

      (3)   Building density: no requirements.

 

(Ord. 08-44 § 422, passed 10-21-2008)

   Permitted uses for the PM District (Performance Industrial) are as follows in this section.

   (A)   (1)   Intended to promote the development and operation of certain uses, such as but not limited to laboratories, light manufacturing and assembly, in such a restricted and limited manner that, because of the limitations on type of structures and uses, control on height and density, prohibitions against open land facilities, prohibitions against emission of such nuisances as fumes, odors, noise, glare and vibration, prohibition of general retail sales and service or other uses that cater to the general public, and the landscaping requirements, so as to protect and foster residential desirability adjacent to such industries. The prohibition of residential uses is intended to preserve the PM zoned land for the industrial development.

      (2)   Residential uses prohibited (including dwelling units, mobile home courts, motels, hotels and similar). General retail sales and service or other uses that cater to the public are prohibited. All uses as allowed confined to closed buildings (except parking, loading and unloading). Space for parking shall always be kept available to provide no less than two square feet of land area for each square foot of building area. All development must progress in accordance with a general layout, architectural and landscape plans to assure a development compatible with the intent of the zoning district. This layout shall provide a landscaped area 50 feet in depth adjacent to any street and may not contain any other uses or structures except for walks, drives, signs and lighting.

   (B)   (1)   All principal and accessory uses permitted in any more restrictive district, except those prohibited under these district stipulations;

      (2)   Manufacturing, machining, tooling, assembly, fabrication, processing, compounding, packaging, mixing, molding; equipping and decorating, glazing, repairing, servicing, cleaning, winding, printing and publishing, binding, weaving, knitting, sewing, baking, cooking, roasting, pickling, brewing, distilling, plating, polishing;

      (3)   Warehouses;

      (4)   Motion picture productions, radio and television studios;

      (5)   In-plant restaurants as an appurtenant use, and including roof or landscaped patio dining facilities; and

      (6)   Signs: same as C1 District.

   (C)   (1)   Lot area and dimensions: no lot shall be established smaller than a 100-foot width, 300-foot depth and 70,000 square foot area, nor to exceed a depth of 650 feet unless it can be shown that a greater depth will not block projected streets or alleys.

      (2)   Yards required: 50 feet adjacent to any street or alley; 50 feet adjacent to any residential zoned lot and 25 feet adjacent to any other lot.

      (3)   Building heights: maximum 30 feet plus one foot additional for each ten feet of setback beyond all required yards.

      (4)   Building density: the total area of all buildings shall not exceed 30% of the total area of the lot.

      (5)   Building spacing: no building shall be closer to any other building than 30 feet.

(Ord. 08-44 § 430, passed 10-21-2008)

   Permitted uses for the M1 District (Industrial; General Limited) are as follows in this section.

   (A)   (1)   Intended to provide the type of industrial facilities which, while not necessarily attractive in operational appearances, are installed and operated in a manner so as not to cause inconvenience to other uses in the zoning district (or to adjacent zoning districts).

      (2)   Where uncertainty exists as to compliance with the intent of this district, in differentiating between the light and heavy character of the proposed use, the Board of Adjustment shall determine.

   (B)   (1)   All principal and accessory uses permitted in any more restrictive zoning district, except dwelling units, mobile home courts, hotels, motels, rooming and boarding houses and similar, and provided further that, unless specifically provided to the contrary, the following are waived:

         (a)   Requirements for use permits, except for lots contiguous to residential districts;

         (b)   Area limitations for uses and buildings;

         (c)   Limitations on hours of operations;

         (d)   Confining uses to closed (or partially closed) buildings; and

         (e)   Prohibitions against livestock and other animals.

      (2)   Dispensing of gasoline and similar petroleum products from exposed storage tanks (subject to requirements of Underwriters Laboratories Inc. or similar), provided no such tank shall be located closer than 25 feet to the lot boundaries.

      (3)   Manufacturing, machining, tooling, assembly, fabrication, welding, milling, molding, equipping, decorating, glazing, repairing, servicing, cleaning, winding, printing, publishing, pickling, brewing, distilling, salvage (but not wrecking), equipment, material and dead storage yards, plating and polishing, meat packing (no slaughtering except rabbits and poultry), animal treating, boarding, breeding and sales, warehousing (including elevators), freight yards, circuses and carnivals, race tracks and stadiums; and

      (4)   Signs: see §§ 153.125 through 153.130.

   (C)   (1)   Yards required: same as for commercial districts;

      (2)   Building heights: use permit required to exceed 30 feet or two stories; and

      (3)   Building density: no requirements.

(Ord. 08-44 § 431, passed 10-21-2008)

   Permitted uses for the M2 District (Industrial; Heavy) are as follows in this section.

   (A)   (1)   Intended for all types of industrial uses except hazards to health and property; with controls of air and stream pollution, radiation, fire and explosion dangers.

      (2)   The Zoning Administrator must deny any proposed use or structure where uncertainty exists as to compliance with intent of the district; or where he or she finds the use will exhaust or emit air or stream pollutants, and may accept an application for a use permit to operate in some modified manner.

   (B)   (1)   All principal and accessory uses permitted in any more restrictive zoning district, except dwelling units, mobile home courts, hotels, motels, rooming and boarding houses and similar, and provided further that, unless specifically provided to the contrary, the following are waived:

         (a)   Requirements for use permits, except for lots contiguous to residential districts;

         (b)   Area limitations for uses and buildings;

         (c)   Limitations on hours of operation;

         (d)   Confining of uses to closed or partially closed buildings; and

         (e)   Prohibitions against livestock and other animals.

      (2)   All other legal uses except as may pollute the air or streams, or present latent radiation, explosion, or fire danger (except as may be permitted under a use permit in a modified manner).

   (C)   (1)   Yards required: same as for Commercial and M1 Districts;

      (2)   Building heights: no requirements; and

      (3)   Building density: no requirements.

(Ord. 08-44 § 432, passed 10-21-2008)

      (1)   To provide for various types and combinations of land uses (such as single and multi-family housing, golf course developments, and public spaces) through the adoption of a development plan.

      (2)   To establish planning and development control parameters while allowing sufficient flexibility to permit final detailed planning at the time of actual development, and to permit flexibility in design, placement of buildings, use of open spaces, and the like.

      (3)   To encourage and permit unified planning to achieve a compatible mixture and variety of land uses within the PAD Overlay and with the existing and anticipated development in the surrounding area.

      (4)   To accomplish the purpose of zoning and other regulations to an equivalent or higher degree than where such regulations are designed to control development on individual lots.

      (5)   To promote economical and efficient land use, an improved level of amenities, appropriate and harmonious variety, creative design, and a better environment.

      (6)   PAD Overlays may be established where tracts suitable in location, area, and character for the uses and structures proposed will be planned and developed on a unified basis. Suitability of tracts for the development proposed shall be determined with reference to the general plan and to the existing and prospective character of surrounding development.

      (1)   A PAD may proceed by increments to be called “development units.”

      (2)   The PAD Overlay is intended to be overlaid onto any combination of the specified Zoning Districts included within the Town Planning and Zoning Ordinance, and the PAD designation shall control the land use regulations otherwise permitted within the Districts, as set forth herein. The permitted uses allowed, the yard, height, and area requirements, and other requirements within the Overlay shall be those permitted or required within the appropriate Zoning District with which the PAD Overlay is combined, except where modified. For example, if the PAD allows for multiple family dwellings then yards, fences, storage, etc. shall follow the regulations of the applicable Zoning District, which is R2. In another example, if a developer wishes to increase density and use the PAD Overlay, the developer would first process the zoning change for the underlying zoning density, and then bring the PAD Overlay application. Where there are conflicts between special PAD regulations and the general zoning or other regulations, these PAD regulations shall apply in the PAD Overlay unless the Commission shall find, in the particular case, at the time of rezoning application, that these provisions do not serve the public to a degree at least equivalent to such general zoning, or other regulations.

      (3)   Where actions, designs or solutions are not literally in accord with applicable PAD or general regulations, but the Commission makes a finding in the particular case that the public is served to an equivalent or greater degree, the Commission may recommend specific modification of the regulations.

      (1)   Be a single development operation or a definitely programmed series of development operations which can be one type of land use or a mixture of land uses.

      (2)   Be developed according to comprehensive and detailed plans that include the locations of streets, utilities, lots, building sites and other uses; also site plans and floor plans for all buildings as intended to be located, constructed, used, and related to each other, and detailed plans for other uses and improvements on the land as related to the buildings.

      (1)   Single-family dwellings, two-family, multi-family; detached, semi-detached, and attached and accessory uses except accessory dwelling units.

      (2)   Community facilities, such as schools, parks, and playgrounds.

      (3)   Clubs not operated primarily for commercial purposes.

      (4)   Golf courses in accordance with performance standards as set out in § 153.075.

      (5)   Manufactured home parks and subdivisions in accordance with the provisions of this section and any additional requirements the Commission or Council may deem necessary to fulfill the intent of these requirements.

      (6)   Home occupations when indicated as part of the development plan or when in accordance with the provisions of this code.

      (7)   Accessory uses and structures, where permitted; such uses and structures may be located in the front one-half of a lot, provided they are not nearer the front lot line than the main building or buildings.

      (8)   Public utility installations.

      (9)   Signs when submitted as part of the development plan or when in accordance with this code.

      (10)   In considering a proposed PAD, the Commission may approve modifications of these requirements to the Town Council. Justification for such modification shall be supplied by the applicant in written form as part of the hearing application procedure.

      (1)   Maximum Lot Coverage. A combination of all of the proposed uses shall not exceed a maximum building coverage of 50% of the total area, except in the case of a PAD located within or abutting another Zoning District which allows a greater coverage, then the greater coverage allowances may apply.

      (2)   Open space.

         (a)   A minimum of 25% of the total gross site area, that is intended to provide light and air, and is designated and designed for resource protection, buffers, drainage ways, environmental, scenic, or recreational purposes. Common open space lands shall be clearly designated on the plan to include the character of use and development, and may be public or private or some combination of both, and shall not include private residences/structures, required yards, driveways, parking lots, streets, alleys, public rights-of-way or other surfaces intended or designed for vehicles. Decorative lakes (including those that contain treated effluent) may be included in the calculation for open space.

         (b)   Whether private or dedicated to the public, it shall be the responsibility of the developer to ensure that the open space is protected in perpetuity by legal arrangements, sufficient to assure its maintenance and preservation for whatever purpose it is intended. Covenants or other legal arrangements shall specify ownership of the open space, method of maintenance; maintenance taxes and insurance; compulsory membership and compulsory assessment provisions and any other specifications deemed necessary by the Commission and Town Council.

      (3)   Zero lot line setbacks may be allowed under the following circumstances:

         (a)   The lot adjacent to the zero-setback side yard must be under the same ownership at the time of initial construction (ensuring that a developer does not infringe on the property rights of owners of adjacent tracts).

         (b)   The setback on the adjacent lot must be either zero feet or greater than ten feet.

         (c)   The opposite side yard of not less than ten feet must be kept perpetually free of permanent obstructions (such as a storage shed or a fence without a gate).

         (d)   Similar zero lot line exceptions can be made for the rear yard, but not for both the side and rear yards of the same lot.

         (e)   A five foot maintenance easement along the boundary of the zero lot line must be identified on the site plan.

      (4)   Non-motorized trails shall be considered and may be incorporated into the design of vehicular and pedestrian traffic ways where possible, and connect to off-site non-motorized trails.

      (5)   All public streets within or abutting the proposed PAD shall be dedicated and improved to town specifications for the particular classification of street. When the developer desires to retain any streets within the development as private streets, these streets shall be constructed to town standards, permanently reserved and maintained for their intended purpose by means acceptable to the Town Engineer. Other forms of access, such as, pedestrian ways, courts, plazas, driveways or open parking lots shall not be offered for dedication.

      (6)   PADs shall relate harmoniously to the topography of the site, shall make suitable provision for the preservation of watercourses, drainage areas, wooded areas, rough terrain and similar natural features and areas and shall be designed to use and retain these natural features and amenities to the best advantage.

      (7)   All utilities within a PAD shall be placed underground.

         (a)   A common central television antenna or receiver may be provided with underground cable service to all dwelling units.

         (b)   For the purposes of this section, appurtenances and associated equipment such as, surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets and concealed conduit in an underground system may be placed above ground.

      (1)   Declaration of public use space for parks, schools, recreation areas, and the like.

      (2)   Coordination of street layout with existing or planned streets.

      (3)   Preservation of natural features, such as trees, hilltops, watercourses, and archeological sites.

      (4)   Architectural plans of building design in addition to a comprehensive plan for the development.

      (5)   Proof of adequate sanitary sewage and water systems.

      (6)   Adequate fire protection.

      (7)   Schedule of plan implementation.

      (8)   Additional issues of public interest.

      (9)   Proof of adequate water entitlement and sustainable availability.

         (a)   A PAD Overlay applicant or his successors in interest may file a request for a major amendment with the Community Development Department.

         (b)   The change will be deemed major if it involves any one of the following:

            1.   An increase in the approved totals of dwelling units or gross leasable area for the PAD Overlay.

            2.   A significant change in zoning boundaries as determined by the Zoning Administrator or designee from those approved for the PAD Overlay.

            3.   Any change which could have significant impact on areas adjoining the PAD as determined by the Zoning Administrator or designee.

            4.   Any change which could have a significant traffic impact on roadways adjacent or external to the PAD as determined by the Town Manager or designee.

         (c)   The Community Development Department will bring the major amendment before the Commission and Town Council and will submit background material relevant to the request.

         (a)   A PAD Overlay applicant or his successors in interest may file a request for a minor amendment with the Community Development Department if the Zoning Administrator or designee determines that the request is not major, as defined above.

         (b)   The request will be routed for comment to any affected town departments or other agencies for comment.

         (c)   Upon receipt of comments or no later than ten working days, the Zoning Administrator or designee will determine whether to approve or deny the requested change.

         (d)   If the requested change is approved, a letter of approval will be mailed to the applicant with a copy filed for public record.

         (a)   In establishing a PAD, a master plan of the entire area to be developed shall be required as part of the rezoning application. In addition to the requirements of a Zoning Map Change, the submittal requirements of the master plan shall conform to the submittal requirements of a Sketch Plan (§ 152.06 and following).

         (b)   If a PAD is to be developed in phases or development units, separate hearings for the platting process shall be held to review each phase according to the standards set out for plats in the Town Subdivision Regulations.

         (c)   Each phase/plat must be in substantial conformance to the approved master plan and sketch plan/zoning map change.

         (d)   An approved site plan shall be binding upon applicants and their successors or assignees. No building permit shall be issued for any building, structures or use, not in accordance with the site plan, except that temporary construction facilities shall be permitted.

         (a)   A site plan depicting the existing conditions of the PAD and proposed amendment.

         (b)   A letter of intent, explaining the proposed amendment, along with justification as to why the request is reasonable and meets the intent of the section.

         (c)   Written support from the Home Owners Association, Property Owners Association, Architectural Review Committee and affected property owners for the proposed amendment.

         (d)   Submittal of a filing fee.

      (4)   Adoption of the PAD. The development plan and supporting statements and documents submitted with the application for a Planned Area Development shall be approved and adopted by the Council and included in the ordinance establishing the PAD Overlay. All development within the PAD Overlay shall comply with the sketch plans as approved and adopted by the Council.

            1.   The recommendation of the Commission shall include the reasons for approval or disapproval of the application, and if recommended for approval shall give specific evidence and facts showing that the application meets with the following:

               a.   That the development at the location proposed is generally consistent with the goals, objectives, densities and policies of the General Plan or specific plan for the area.

               b.   That the development at the location proposed and the development standards to be followed or maintained will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity.

               c.   That the development will promote or preserve environmental quality and conserve energy usage and energy resources, including the protection of adequate sunlight for use of solar energy systems.

            2.   The recommendations of the Commission may include reasonable additional conditions and/or modifications to established property development standards as deemed necessary to promote the purpose of this Overlay and this code.

         (b)   Action by the Town Council. Following conclusion of its public hearing, the Council may approve the PAD and sketch plan as recommended by the Commission or in a modified form, stipulating those conditions it deems necessary to carry out the purpose of this Overlay and this Code. If the PAD and sketch plan is approved, it shall be incorporated as part of the Zoning Map. The Council shall include the reasons for approval or disapproval of the application and shall give specific evidence and facts showing that the application meets with the following:

            1.   That the development at the location proposed is generally consistent with the goals, objectives, densities and policies of the General Plan or specific plan for the area.

            2.   That the development at the location proposed and the development standards to be followed or maintained will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity.

            3.   That the development will promote or preserve environmental quality and conserve energy usage and energy resources, including the protection of adequate sunlight for use of solar energy systems.

      (1)   The PAD Program shall continue to be implemented and maintained for the total acreage of the PAD Overlay, even though ownership may subsequently be transferred in whole or in part.

         (a)   It is the responsibility of the owner to notify all prospective purchasers of all or part of the property within the Overlay of the existence of the PAD Overlay amendment and the PAD Program contained therein.

         (b)   Conformance with the PAD shall be enforced by recordation of the appropriate deed restrictions for each parcel of property within the Overlay, prior to the issuance of building permits, for each development unit.

         (c)   Notification and recordation as provided above shall be required in order to retain the unitary aspect of the overlay.

      (2)   Application for approval of the first development unit shall be made, and required infrastructure development shall have commenced, within four years of the date upon which the PAD overlay amendment was approved. Each development unit must contain open space proportional to the size of the development unit. Applications for approval of subsequent units shall be made in accordance with the development-phasing schedule contained in the PAD Program. If a written request for additional time is received from the applicant/agent within 30 days of notification, providing justification why an extension may be warranted, a one year extension of time may be administratively approved by the Zoning Administrator or designee for the first extension. If the applicant requests additional extensions of time beyond a one year administratively approved extension, staff shall notice a hearing to determine the cause of the delay.

         (a)   The hearing shall be held within 60 days of the date of the written notice, and shall follow procedures for hearings.

         (b)   The Zoning Administrator may determine good cause for such deficiency/extension of time and may, in conjunction therewith, entertain an application to amend the development-phasing schedule.

      (3)   Failure to commence required infrastructure development within the required time period shall cause the PAD Overlay classification to become null and void, and any property rezoned in conformance with the PAD Overlay amendment and the PAD Program to revert to its former zoning classification by action of the Town Council.

      (4)   At such time that the Zoning Administrator or designee shall determine that the applicant is not proceeding to develop in accordance with the PAD Program, it shall notify the applicant in writing of such deficiency and shall, simultaneously, notice a hearing to determine the cause of the delay.

         (a)   The hearing shall be held within 30 days of the date of the written notice, and shall follow procedures for hearings.

         (b)   The Town Council may determine good cause for such deficiency and may, in conjunction therewith, entertain an application to amend the development-phasing schedule.

         (c)   The Town Council may determine that there is not good cause for such deficiency, and in such event may impose additional restrictions on the applicant to ensure future compliance with the PAD Program including, but not limited to, the filing of such periodic reports as the Council shall require to enforce this provision.

   (J)   At such time that the Town Council shall determine that the current owner of any portion of the PAD Overlay is not in compliance with a provision of the PAD Program or the public dedication or improvement schedules no further vesting of zoning or approval of final site plan or subdivision plats shall occur for that portion. Such determination of noncompliance shall be at a public hearing. The applicant and current owner(s) shall receive written notice of hearing.

(Ord. 08-41, passed 8-5-2008; Am. Ord. 08-44 § 440, passed 10-21-2008; Am. Ord. 15-110, passed 4-7-2015)

   Permitted uses in the RCD District (Residential Camping District) are as follows in this section.

   (A)   Purpose. This district is intended to cover the operation of resident camps that are either private, public, religious, organizational or agency camps. Resident camps are not restricted from operating trip camps, schools, travel, outpost, overnight or day camping programs.

      (1)   All principal and accessory uses and structures permitted in R1L except accessory dwelling units;

      (2)   Up to 10% of all allowable units may be recreational vehicles spaces;

      (3)   Meeting, dining and other structures and services required to provide for residents of the camping programs; and

      (4)   Resident camp sleeping or dorm facilities.

      (1)   Land coverage shall not exceed 20%.

      (2)   All provisions of Density District 25 shall prevail (see § 153.069).

      (3)   Space between buildings shall not be less than 20 feet.

      (4)   Peripheral setback requirements shall be 60 feet of maintained open space, not to allow parking and storage.

      (5)   Building heights shall be a maximum of 30 feet.

      (1)   One hundred percent expansion of the number of bed units allowed under an existing nonconforming use within original camp boundary.

      (2)   Where dwelling units are combined with nonresidential uses or structures on a conforming lot, then each 800 square feet, or fraction thereof, of area occupied by such shall be deducted from the total density formula area in determining the number of units allowed.

      (3)   Existing camps may be exempted from the requirements of this chapter, except in the expansion of those camps, thereby areas of expansion shall be in conformance with the requirements of this chapter.

      (4)   Cumulative expansion of 50% or more shall result in the full compliance, except existing buildings, of the existing camp with the terms of this chapter. Such expansion shall be within original camp boundaries.

(Ord. 08-44 § 450, passed 10-21-2008; Am. Ord. 15-110, passed 4-7-2015)

   Permitted uses for the OS District (Open Space Resource Conservation Zone) are as follows in this section.

   (A)   Purpose. This district is intended to preserve scenic and recreational areas for public and/or private use.

      (1)   Agriculture and cultivation;

      (2)   Flood control facilities;

      (3)   Historical landmarks;

      (4)   Other outdoor recreational facilities;

      (5)   Public utility installation and facilities on one acre or less following administrative review with comment period; and

      (6)   Change of use. Any change in the status of use shall be reviewed by the Planning and Zoning Commission, with recommendations to the Town Council.

   (B)   Yard requirements. Building height and building density shall be in accordance with the provisions of the density district.

   (C)   Signs. Two signs, each sign not to exceed six square feet of panel area, may be permitted. Signs may utilize indirect illumination.

(Ord. 08-44 § 460, passed 10-21-2008)

   (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.

      (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)