The DRO zoning district is an overlay zone that shall be used only when there is public consensus for an overlay zone in order to allow for economic and aesthetic concerns. Each specific DRO zoning district and design review plan ("DRP") shall require approval by the Pinal County board of supervisors. DRO areas are subject to the review of additional architectural and environmental impact standards. The review of architectural and site planning standards of this chapter shall apply only to proposed development for community service agencies, multiple dwellings, commercial, churches, office and industrial developments and all signage and lighting for such uses.

A.

All applications for site plan approval that have been accepted as complete prior to the adoption of a DRO zoning district shall not be subject to review by the design review overlay zoning district advisory board for that DRO zoning district. Any proposed amendment to any approved site plan constructed prior to the establishment of the DRO zoning district regarding the design elements listed in PCDSC 2.180.040(D) shall follow the development plan approval procedures enumerated under PCDSC 2.180.070, 2.180.080 and 2.180.090.

B.

A DRO zoning district may be formed over an existing planned area development; provided, that in the opinion of the board of supervisors the adopted DRP is consistent with established architectural character and parameters of the approved planned area development.

(Ord. No. 061610-DROZ, § 1(3330))

The purpose of this chapter is to establish the process for creation and adoption of a DRO zoning district and its associated DRP. In order to protect and preserve property values and enhance certain scenic vista areas of the county, the board, upon recommendation by the commission and when there is public consensus for the DRO zoning district, may apply the DRO zoning district, in conjunction with the underlying zone. Additionally, the purpose of this chapter is to accomplish the following objectives:

A.

To help ensure that the development, buildings or structures will assist in the enhancement of the values of adjacent properties and will not prove detrimental to the character of buildings or uses already established in the area.

B.

To help ensure that the proposed development will be properly related to its site and to surrounding sites and structures, and to help prevent the construction of structures that would conflict with their environment.

C.

To help ensure that sites, projects, buildings and structures subject to design review are developed with due regard for the environmental qualities of the natural terrain and landscape, and, that native vegetation, scenic vistas and topography are not indiscriminately destroyed.

D.

To help ensure that the design and exterior architecture of proposed buildings and structures will be in harmony with either the design or exterior architecture of the buildings and structures already constructed or being constructed in the immediate neighborhood, as to not cause a substantial depreciation of property values in the neighborhood.

E.

To help ensure that open spaces, drainage ways and landscaping are thoughtfully designed to enhance property values, enhance views into and from the site and to screen and minimize the impacts of deleterious uses and parking areas.

F.

To help ensure that the proposed development complies with all of the provisions of this chapter and applicable goals and policies of the comprehensive plan or any amendment or element thereof or specific plan for the area.

(Ord. No. 061610-DROZ, § 1(3331))

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Design review overlay (DRO) zoning district means an area subject to review of additional architectural and environmental impact standards as outlined in the associated design review plan (DRP).

Design review overlay zoning district advisory board or advisory board means a seven-member advisory board which is appointed for each DRO zoning district.

Design review overlay zoning district formation board or formation board means a seven-member formation board which is appointed to initiate a DRO zoning district.

Design review plan (DRP) means a plan for the DRO zoning district that will consist of a written narrative text, maps and graphics which shall establish the standards, criteria, goals and policies for the DRO zoning district in accordance with PCDSC 2.180.050(D) in order for proposed structures to be in harmony with the structures already constructed or in the process of construction.

Developed means property that has a dwelling unit constructed or installed on the lot.

Development plan means a plan filed by the developer for a specific development project within the DRO zoning district showing the location of structures and providing all the information required under PCDSC 2.180.070.

General welfare, for the purpose of this chapter, means the preservation of neighborhoods or community character or the attainment of economic objectives such as the preservation of property values or promotion of tourism.

Lot, for purposes of this chapter, means a parcel or unit of land described as metes and bounds or shown as a lot on a recorded subdivision plat or shown as a lot on a map of survey for the purpose of minor land division. This does not include common area tracts located within subdivisions.

Lot owners means all owners of property within the DRO zoning district. This term is not based upon a certain use or zone classification of the property within the DRO zoning district.

Proposed development means any new construction, alteration, expansion or modification to the exterior of any building or structure which requires a building permit as defined in the Pinal County building code.

Public consensus means the general agreement of qualifying property owners required to form a DRO zoning district as enumerated under PCDSC 2.180.040(F) and (G).

Sign package means a component of the development plan that indicates the general specifications of signage including architectural qualities, size (including proportions), materials, quantity, illumination and location on a development site. The sign package is intended to develop a design theme for on-site attached and detached signage.

(Ord. No. 061610-DROZ, § 1(3332))

A.

The adoption of a DRO zoning district does not change the permitted uses in the underlying zone.

B.

Upon application for a DRO zoning district to a specific area of the county, the board, upon recommendation of the commission, shall establish design guidelines in the form of a DRP for that specific area which reflect public consensus. Said guidelines may include, but are not limited to, exterior design, materials, textures, colors, signage and means of illumination.

C.

The approved DRP is to serve as the official document for the commission, board, and all county officials and agencies for accomplishing coordinated physical development within the DRO zoning district.

D.

All development described in PCDSC 2.180.010, including buildings, structures, landscaping, drainage ways, site layout and signs, to be located within the DRO zoning district shall be first approved under the provisions of this chapter. Interior construction or remodeling and nonstructural exterior utility alterations (gas, electric, water) are not included.

E.

Any violation of the provisions of this chapter shall be subject to the enforcement provisions of chapter 2.160 PCDSC.

F.

To have a DRO zoning district, a minimum of 75 percent of the land area must be zoned residential, and 50 percent of that residentially zoned property must be developed.

G.

To have a DRO zoning district, there must be public consensus. Lot owners, no matter what type of ownership, are entitled to only one vote per lot. The required number of lot owners for public consensus shall be determined by notarized petitions meeting the following requirements:

1.

Petitions must contain signatures of approval of at least 51 percent of all the lot owners by area and number within the proposed DRO zoning district; and

2.

If commercial or industrial zoned land is included in the proposed DRO zoning district, the 51 percent of all lot owners signing the petitions must include at least 50 percent of the commercial and/or industrial property owners.

H.

Property in a PAD overlay district where the development plan specifically articulated the elements described in PCDSC 2.180.050(D) and the development plan and PAD overlay district was approved by the BOS prior to the establishment of a DRO zoning district over the subject property shall not be subject to the requirements of the DRO zoning district, unless an amended or new PAD is requested that materially changes the PAD.

I.

If any conflict should arise between this chapter and chapter 2.145 PCDSC which regulates signs, this chapter shall prevail within an approved DRO zoning district. The advisory board may not authorize additional height, area or number of signs than allowed under chapter 2.145 PCDSC.

(Ord. No. 061610-DROZ, § 1(3333))

The commission shall initiate the formation of a DRO zoning district in conjunction with other existing zones with the following procedures:

A.

Any person or group proposing that the commission initiate the formation of a DRO zoning district shall file with the commission an application for such DRO zoning district on the form provided by the planning department. At minimum the application shall include:

1.

A preliminary map depicting the boundaries of the proposed DRO zoning district;

2.

A tabulation of the total number of lots and lot area;

3.

A preliminary list of names and contact information of seven individuals desirous of being appointed to the seven-member formation board; and

4.

A petition indicating that at least 51 percent of lot owners by both area and number agree to the initiation of a DRO zoning district.

B.

After initiation of the formation of the DRO zoning district by the commission, a seven-member formation board will be appointed for the DRO zoning district by the county supervisor in the supervisorial district where the proposed DRO zoning district will be located. Members of the formation board must be lot owners from within the supervisorial district where the proposed DRO zoning district will be located. At least 51 percent of formation board members must own property within the proposed DRO zoning district.

C.

County staff will assist the seven-member design review overlay zoning district formation board ("formation board") in establishing the DRO zoning district boundary and associated DRP.

D.

DRO zoning districts shall be established by a DRO zoning district boundary map defining the boundaries of the proposed DRO zoning district and the DRP. The DRP shall only address design guidelines for site development, architectural character, building form (excluding height restrictions and architectural massing for churches) and landscaping through criteria related to building placement, circulation, exterior design, materials, textures, colors, means of illumination and signage. Guidelines may include design criteria related to driveways, pedestrian walks, fences and walls, off-street parking areas including entrances and exits, landscaping varieties and sizes of plant materials, architectural drawings or sketch requirements, and grading and drainage plans. The completed DRO zoning district boundary map and the DRP shall be submitted to the commission for review and recommendation to the board. Once the proposed DRO zoning district and its associated DRO zoning district boundary map and DRP have been reviewed by the commission, the documents shall then be forwarded with the commission's recommendation to the board for its consideration. The commission may recommend denial or approval.

E.

The formation board shall meet as they deem necessary with county staff, members of the public and affected business community to determine the DRO zoning district boundary and draft the associated DRP.

F.

The formation board shall circulate a petition with the proposed DRO zoning district boundary map and DRP in an effort to secure public consensus for the proposed DRO zoning district.

G.

Upon receipt by the commission of a completed DRO zoning district boundary map reflecting the boundary of the DRO zoning district in conjunction with a completed DRP and signed petitions of the required number of lot owners within the proposed DRO zoning district, the commission shall hold at least one public hearing.

H.

The DRO zoning district boundary map and the notice of the public hearing shall be published in a newspaper of general circulation in the county seat at least 15 calendar days prior to the date of the public hearing.

I.

The area in the proposed DRO zoning district shall be posted at least 15 calendar days prior to the date of the public hearing. The posting shall be in no less than two places with at least one notice for each quarter mile of frontage along perimeter public rights-of-way so that the notices are visible from the nearest public right-of-way. It shall not be the responsibility of the county to maintain such posting once erected.

J.

The proposed DRO zoning district boundary map and notice of the public hearing shall be mailed to each property owner of record as shown on the assessment of the property within the proposed DRO zoning district and within 600 feet of the proposed DRO zoning district. The DRO zoning district boundary map and the notice shall also be mailed to each county and municipality contiguous to the area of the proposed DRO zoning district.

K.

At a minimum, the notice shall include the following:

1.

The date, time and place of the public hearing;

2.

A general explanation of the matter to be considered;

3.

A general description of the area of the proposed DRO zoning district;

4.

An explanation of how the property owner within the zoning area may file approval or protests to the proposed DRO zoning district;

5.

Notification that if 20 percent of the property owners by area and number within the zoning area file protests, an affirmative unanimous vote of the board will be required to approve the DRO zoning district; and

6.

Locations as to where a copy of the proposed boundary map and DRP can be obtained (two locations minimum).

L.

The commission may recommend approval or denial of the proposed DRO zoning district. The commission may continue the hearing to a definite time and date that is not to exceed six months, on its own initiative or at the request of the advisory board, affected lot owners, or county staff.

M.

The commission shall transmit recommendations on the proposed DRO zoning district to the board for its action. The transmittal shall be made within three months from the date the commission makes the recommendation.

N.

Notice of the public hearing before the board shall be given at least 15 calendar days prior to the date of the public hearing by one publication in a newspaper of general circulation in the county seat and by posting in no less than two places with at least one notice for each quarter mile of frontage along perimeter public rights-of-way so that the notices are visible from the nearest public right-of-way. It shall not be the responsibility of the county to maintain such posting once erected.

O.

The board may approve or deny the action establishing the proposed DRO zoning district or continue the public hearing to a definite time and date not to exceed six months, on its own initiative or at the request of the formation board, affected lot owners, or county staff.

P.

If 20 percent of the owners of property by area and number within the proposed DRO zoning district or within 600 feet of the proposed DRO zoning district file a protest to the proposed DRO zoning district, the approval of the proposed DRO zoning district shall not be made except by unanimous vote of the board.

Q.

After the establishment of the DRO zoning district, the formation board shall terminate.

R.

After the termination of the formation board, a DRO zoning district advisory board will be appointed for the DRO zoning district by affirmative vote of the board of supervisors upon recommendation from the supervisor in the supervisorial district where the proposed DRO zoning district will be located. Members of the formation board may be appointed to the advisory board. A majority of members must be lot owners from within the DRO zoning district and reside at a residence within the zone more than six months out of a calendar year. Each member will be appointed for a term of three years and if possible be comprised of at least one member from the building/construction or architectural profession, one member from the business community, to include the real estate profession, two members who own commercial or industrial property within the proposed zone and three members from the community at large. Members may be reappointed for additional terms. Members may serve no more than three consecutive terms.

(Ord. No. 061610-DROZ, § 1(3334))

The zoning maps shall be updated to reflect the approved DRO zoning district boundary.

(Ord. No. 061610-DROZ, § 1(3335))

After establishment of the DRO zoning district, any lot owner or the lot owner's agent of any applicable development, as determined in PCDSC 2.180.010, shall first file a design review application ("application") together with a development plan for consideration. The planning director shall review the development plan for compliance with established application requirements and shall determine whether the application is complete. Said application of the development plan shall contain the following:

A.

A site plan, drawn to scale showing the proposed location of structures and other improvements including, where appropriate, driveways, pedestrian walks, off-street parking areas, landscaped areas, fences and walls. The development plan shall indicate the locations of entrances and exits and the direction of traffic flow into and out of off-street parking areas and grading and drainage plans;

B.

A landscape plan, drawn to scale, showing the locations of existing trees proposed to be removed and/or proposed to be retained on the site, the location and design of landscaped areas and the varieties and sizes of plant materials to be planted therein, and other landscape features including sprinkler and irrigation systems;

C.

Architectural drawings or sketches, drawn to scale, in sufficient detail to permit computation of setback requirements and showing all elevations of the proposed structures as they will appear upon completion. All exterior surfacing materials and colors shall be specified;

D.

A sign package containing accurate scale drawings of all signs indicating their size, material, color, and illumination, if any, and design elements (themes) required of any future signage; and

E.

Such other data as may be required by the specific DRP to ensure that the purposes of this chapter are satisfied.

(Ord. No. 061610-DROZ, § 1(3336))

The planning director shall, as soon as possible after acceptance of the completed application, transmit one copy of the accepted application to the appropriate advisory board for its review and recommendation. The advisory board shall hold at least one public meeting, in accordance with open meeting law (A.R.S. § 38-431.01), within 30 calendar days of transmittal of the application to consider the submittal and make recommendations to the planning director.

(Ord. No. 061610-DROZ, § 1(3337))

A.

The planning director shall review the proposed application for its compliance with the purpose and intent of the DRO zoning district and DRP and shall approve, subject to conditions, or deny the application within 21 working days of receipt of the recommendation from the advisory board. If the planning director does not make a recommendation within 21 working days after receipt of the recommendation of the advisory board, the application is deemed approved.

B.

The planning director shall provide the applicant, the appropriate advisory board and any other interested persons with a written statement setting forth the reasons supporting his/her decision.

(Ord. No. 061610-DROZ, § 1(3338))

A.

The decision of the planning director may be appealed to the board of adjustment as provided in chapter 2.155 PCDSC.

B.

Appeals may be made by any of the following:

1.

The applicant; or

2.

The advisory board.

(Ord. No. 061610-DROZ, § 1(3339))

Design review approval shall lapse and shall be null and void one year following the date upon which the application was approved. Approval will not lapse should a building permit be issued prior to the expiration of the one-year period.

(Ord. No. 061610-DROZ, § 1(3340))

Any proposed amendments to any approved site plan regarding the design elements listed in PCDSC 2.180.040(D), except changes in lettering for signs, shall require review by the advisory board and decision by the director following the procedures required for initial plan approval as enumerated under PCDSC 2.180.070, 2.180.080 and 2.180.090.

(Ord. No. 061610-DROZ, § 1(3341))

A.

After written request by the advisory board, amendments to the DRP shall be made by the board of supervisors. The board of supervisors will hold at least one public hearing. Notice of the hearing shall be posted at least 15 calendar days prior to the date of the public hearing. The posting shall be in no less than two places with at least one notice for each quarter mile of frontage along perimeter public rights-of-way so that the notices are visible from the nearest public right-of-way. It shall not be the responsibility of the county to maintain such posting once erected. Content of the notice shall meet the specifications outlined in PCDSC 2.180.050(K).

B.

The notice shall be published in a newspaper of general circulation in the county seat at least 15 calendar days prior to the date of the public hearing.

C.

Notice of the public hearing shall be mailed to each property owner as shown on the assessment of the property within the DRO zoning district and within 600 feet of the DRO zoning district. The DRO zoning district boundary map and the notice shall also be mailed to each county and municipality contiguous to the area of the proposed DRO zoning district.

D.

The board may approve or deny the action regarding the proposed DRP amendment or continue the public hearing to a definite time and date not to exceed six months, on its own initiative or at the request of the advisory board, affected lot owners, or county staff.

(Ord. No. 061610-DROZ, § 1(3342))

The commission shall initiate the dissolution of a DRO zoning district and advisory board with the following procedures:

A.

Any person or group proposing that the commission initiate the dissolution of a DRO zoning district and advisory board shall file with the commission an application for such dissolution on the form provided by the planning department. The application must contain notarized affidavits from at least 51 percent of lot owners by area and number within the DRO zoning district stating they are in favor of the dissolution. Upon affirmative vote of the board of supervisors, the board of supervisors may resolve to direct the commission to initiate such dissolution.

B.

Upon receipt by the commission of an application to dissolve and signed petitions from at least 51 percent of lot owners by area and number of lot owners within the DRO zoning district, the commission shall hold at least one public hearing. Notice of the hearing shall follow the procedures and content prescribed in PCDSC 2.180.050(H), (I), (J) and (K).

C.

The commission may recommend approval or denial of the proposed dissolution. A recommendation in favor of a requested dissolution will require a two-thirds affirmative vote of the planning commission members. The commission may continue the hearing to a definite time and date that is not to exceed six months, on its own initiative or at the request of the advisory board, affected lot owners, or county staff. Failure of the commission to act on application within six months of the date of the first hearing or a motion to recommend approval not receiving a two-thirds affirmative vote shall be forwarded to the board of supervisors with a recommendation of denial.

D.

The commission shall transmit recommendations on the proposed DRO zoning district to the board for its action. The transmittal shall be made within three months from the date the commission makes the recommendation.

E.

The board of supervisors shall hold one public hearing. Notice of the hearing shall follow the procedures and content prescribed in PCDSC 2.180.050(N), (O) and (P).

F.

Upon affirmative vote of the board of supervisors on the dissolution, the advisory board shall immediately disband and the DRO overlay zoning district shall no longer apply. The zoning map shall be modified 31 days after the board of supervisors' approval to reflect the change.

(Ord. No. 061610-DROZ, § 1(3343))