In order to provide for the more orderly development of certain properties which are unique because of their size, location, geology, geography or other special circumstance, the following overlay zones may be applied to certain properties in Town. The regulations imposed by these overlay zones apply in addition to the regulations of the underlying zone and in case of conflict, the overlay zone regulations govern. (Ord. 132, 6-10-1997)

   A.   Purpose: A historic district is applied to properties which, because of their historic significance or the significance of adjacent properties, have special value to the community. A historic district is intended to enable the properties so designated to be preserved and protected from incompatible uses and to recognize their unique values. This article shall be applied upon the written request to participate ("opt in") given by the owner(s) of the subject real property. Before an owner chooses to participate ("opt in") or declines to participate ("opt out") in the district, the owner shall meet with the historic review committee in order to review the recommendations of the historic review committee.

   B.   Definitions: As used in this article, the following words and terms shall have the meanings ascribed to them in this section:

   COMMITTEE: The historic review committee created under this article.

   DESIGN GUIDELINES: Those guidelines that will be formulated by the "committee" and approved by the town council.

   HISTORIC DISTRICT: Those areas that have a special character or historic interest or value as part of the development, heritage, or cultural characteristics of the town, and which have been designated or will be designated as a historic district under this article.

   IMPROVEMENT: Any building, structure, place, sign, landscaping, work of art, or other object that constitutes a physical betterment or addition of real property, or any part of such betterment.

   LANDMARK: Any building or other improvement which has a special character or special historic interest or value as part of the development, heritage or cultural characteristics of the town. A landmark may be in the historical district or may be outside the boundaries of the historic district. A landmark is any building listed in the national register.

   LANDMARK SITE: Any building or parcel of land determined by its owner to be of historic significance due to a substantial value in the history or where historical events have occurred.

   OWNER CONSENT: No building, lot, property, site, landmark or landmark site will be governed by this article without the written consent of the owner. Before an owner chooses to participate ("opt in") or declines to participate ("opt out") in the district, the owner shall meet with the historic review committee in order to review the recommendations of the historic review committee. (Ord. 09-316, 5-26-2009)

All uses permitted in the historic district(s) and its underlying zone are permitted in areas to which this zone has been applied, with the exception that manufactured homes or recreational vehicles and multi-family dwellings including duplexes and fourplexes are prohibited. (Ord. 09-316, 5-26-2009)

   A.   Composition: A historic district committee is hereby established, consisting of five (5) members, from the following organizations:

      Town council - One member from the town council serving on the committee.

      Designee of the planning and zoning commission - One member of the planning and zoning commission serving on the committee.

      Three (3) at large persons including, but not limited to, the Snowflake Heritage Foundation, the Snowflake fine arts committee or the academy restoration committee.

With the exception of the town council representative and the planning and zoning representative, or designees, the committee will select the chair of the committee, subject to confirmation by the town council. Selected members will serve through the expiration of the mayor's term. Vacancies shall be filled for the unexpired term by the appointment of the mayor, subject to the approval of the town council in the same manner as any public appointment.

   B.   Time Of Commencement: The committee will be organized within sixty (60) days from the enactment of this article. The committee shall meet at least once a month. The town of Snowflake will provide the meeting place. A report of the activities and the recommendations of the committee will be made at the request of the mayor and the council but no less than at least semiannually.

   C.   Duties Of The Committee:

      1.   Designation: The committee is established to recommend preservation of buildings, landmarks, landmark sites, and historic districts. The committee shall take recommendations or requests of owners of buildings, properties or sites, inside or outside of a historic district. Recommendations will be taken to the town council for official designation. Once designated, such buildings, landmarks, landmark sites, and historic districts shall be subject to all the provision of this article. For purposes of this article such designations may be placed on any site, natural or improved, including any building improvement or structure located thereon, or any area of particular historic, architectural or cultural significance to the town of Snowflake, based on the following:

         a.   Exemplifies or reflects the cultural, political, economic, social or natural history of the community; or

         b.   Are identified with historic persons or with important events in local history; or

         c.   Embody the distinguishing characteristics of any architectural type or are inherently valuable for a study of a period, style, method of construction, including use of indigenous materials or local craftsmanship; or

         d.   Are representative of the notable work of a master builder, designer, or architect whose individual genius or creativity as exemplified or influenced by his/her time period.

         e.   Are listed on the national register. Any building on the national register will be retained or removed as a landmark by the written request of the owner of said building. Upon meeting with the historical review committee, and upon review of the recommendations of the committee, the owner may opt in or out in writing. The owner may grant the town a permanent status of the property in writing if the owner opts in. The owner may also execute and record covenants that run with the land preserving the historic value of the property if the owner opts in.

      2.   Regulations Of Construction, Reconstruction, And Exterior Alterations:

         a.   An owner, tenant, or person in charge of a designated building, landmark, or landmark site, or structure within a historic district may reconstruct or alter all or any part of the exterior of such property or attachment thereto or construct any improvement upon such property or cause or permit any such work to be performed upon such property as permitted by this code. However, if a person or organization owning a building, historic site, or landmark desires to preserve it under the terms and conditions of this article, and makes application to the historic review committee or otherwise agrees with the town of Snowflake that the building, site, landmark, or other property is to be preserved, then and in that event, the following shall apply:

            (1)   Prior to the approval and granting a building or demolition permit, within the areas designated by the committee and approved by the town council, the granting of a "certificate of appropriateness" by the committee, the following will be considered:

               (A)   Whether, in the case of its designated landmark or landmark site, the proposed work would detrimentally change, destroy, or adversely affect any exterior architectural feature of the improvement upon which said work is to be done;

               (B)   Whether, in the case of the construction of a new improvement upon a landmark site, the exterior of such improvement would adversely affect, or not harmonize with the external appearance of other neighboring improvements;

               (C)   Whether, in the case of any property located in a historic district, the proposed construction, reconstruction, or exterior alteration does not conform to the objectives of the historic preservation plan for said district; or

               (D)   Whether the proposed construction, reconstruction or exterior alteration is in conformance with architectural design guidelines with emphasis on contextual issues including compatibility of size, volume proportions, materials, detailing, colors and expressiveness.

         b.   If the historic review committee or its designated agent determines that the proposed construction, reconstruction, or exterior alteration will not have a negative effect, the committee or its designated agent may issue the certificate of appropriateness. Upon issuance of such certificate, the building inspector may issue the building permit.

         c.   Should the certificate of appropriateness not be issued due to the failure of the proposal to conform to the above guidelines or the historic committee has not acted upon the proposal within forty five (45) days of submittal, the applicant may appeal such decision to the town council. Appeals shall be filed in writing to the town clerk and shall specify the grounds of the appeal. The town council's decision will be final.

      3.   Regulation For Demolition:

         a.   An application for a permit (such will be deemed written approval of the owner) to demolish all or part of an improvement in a historic district or a landmark shall not be given until the historic review committee has an opportunity to evaluate the request based on the following criteria and has met with the owner(s):

            (1)   Whether the building or structure is of such architectural or historic significance that its demolition would be detrimental to the public interest and contrary to the general welfare of the people of the town.

            (2)   Whether the building or structure, although not itself a landmark building, contributes to the distinctive architectural or historic character of the historic district as a whole, and therefore, should be preserved for the benefit of the people of the town.

            (3)   Whether demolition of the subject property would be contrary to the purpose and intent of this article and to the objectives of the historic preservation plan for the applicable district as duly adopted.

            (4)   Whether retention of the building or structure would promote the general welfare of the people of the town, by encouraging study of local history, architecture and design, or by developing understanding of the town culture and heritage.

            (5)   Whether the building or structure is in such a deteriorated condition that it is not structurally or economically feasible to preserve or restore it.

            (6)   Whether any new structure proposed to be constructed would be compatible with the buildings and environment of the district in which the subject property is located.

            (7)   If the historic review committee fails to act on a request to demolish a structure or improvement, within forty five (45) days' receipt, then the town council shall hear the request.

            (8)   All decisions of the historic review committee are subject to the approval or disapproval by the vote of the town council.

   D.   Recognition Of Buildings, Landmarks And Landmark Sites: At such time as the landmark or landmark site has been properly designated, the historic review committee may, with the owner's permission, cause to be prepared and erected on such property at town expense, a suitable plaque declaring that such property has historic value, and is a landmark, or landmark site. Such plaque shall be so placed as to be easily visible to passing pedestrians. In the case of a landmark, the plaque shall state the name of the building or landmark, the date of its construction, and other information deemed proper by the historic committee.

   E.   New Or Remodeled Buildings: Before new buildings are constructed on State Route 277 or on Main Street (State Route 77), the person or entity proposing the new construction shall meet with the historic review committee for its recommendations. The historic review committee shall base its recommendations on styles, consistent with pioneer building styles, such as victorian, colonial, adobe, rock, or wood log construction. The historic review committee's recommendations are advisory and for the purpose of developing the appearance of the pioneer era. A person or entity that seeks to remodel a present structure in order to conform to the pioneer theme, may follow the same procedure as set out herein. The town manager, upon approval of the town council, may give such incentives to new construction or proposed remodeling as is consistent with state law.

   F.   Conflict Of Interest: Any member of the historic committee who has a financial or apparent familial interest in property, purchase or sale, construction, reconstruction or alteration affected by the provisions of this article shall disqualify himself/herself from participating in the design review process for that particular project. This provision shall not apply if the owner of the building, landmark, or site waived the conflict of interest.

   G.   Maintenance Of Premises:

      1.   Every person or entity in charge of premises governed by this article shall keep in good repair all of the exterior portions of such improvement and all interior portions thereof which, if not so maintained may cause or tend to cause the exterior of such improvement to fall into a state of disrepair. This provision shall be in addition to all other provisions of law requiring such improvement to be kept in good repair.

      2.   Nothing contained in this section shall prohibit the making of necessary construction, reconstruction, alteration, or demolition of any improvements on premises governed by this article, or in a historic district pursuant to order of any governmental agency or pursuant to any court judgment, for the purpose of remedying emergency conditions determined to be dangerous to life, health, or property. In such cases, no approval from the historic review committee shall be required.

   H.   Penalties: Any person or entity that opts into the historic district who violates any provisions of this article shall be subject to a forfeiture of not more than two hundred dollars ($200.00) for each separate violation. Each and every day during which a violation continues shall be deemed to be a separate offense.

   I.   Article Not Exclusive Remedy: This article does not foreclose other remedies contained in this code or by law. (Ord. 09-316, 5-26-2009)

This Zone is applied to properties which, because of their special aesthetic, topographic, or other characteristics, are critical to the comprehensive development of the Town. This Overlay District is intended to enable and encourage the planned development of areas of land under unified ownership and to promote land development patterns which will maintain and enhance the physical, social and economic values of the areas where they exist. (Ord. 132, 6-10-1997)

No building permit or land division may be approved for areas included within this Zone without prior approval of a planned development permit; and only permits which are consistent with approved development plans may be issued. (Ord. 132, 6-10-1997)

This Zone is applied to properties which, because of their existing uses, surrounding areas, or special topography or location provide special amenities for single-family residential development in the Town. (Ord. 132, 6-10-1997)

All uses permitted in the underlying zone are permitted in areas covered by this overlay, except for manufactured homes. (Ord. 132, 6-10-1997)

This zone is applied to properties which, because of their existing uses, surrounding areas, special topography, or are located within areas of known expansive soils, provide certain amenities that are conducive to the placement of residential single-family manufactured homes within the town. (Ord. 11-332, 2-8-2011)

All uses permitted in the underlying zone are permitted in areas covered by this overlay. This overlay is not permitted in combination with a historic district or a residential reserve overlay. (Ord. 11-332, 2-8-2011)