A.

The purpose of the design review is to enable the zoning administrator to make a finding that the proposed development is in conformity with the intent and provisions of this title and all other town ordinances. The provisions of this chapter shall apply to the permitted and conditional uses as specified for each commercial zoning district and mixed use/planned area developments.

B.

This chapter is intended to encourage, protect and enhance the attractive appearance of the commercial districts of the town of Springerville and shall be supplemental to the plan review process. The town recognizes the creation of a desirable environment for business and industry, as well as residential areas, is a prime requisite for the preservation of property values; for the development of compatible uses and buildings; and for the preservation of public health, safety and welfare. When considered necessary, the town shall utilize an architect licensed in the state of Arizona and qualified to consult to the board and town staff on architectural design matters as they relate to this chapter.

(Ord. 2007-011 § 1 (part))

As used in this chapter:

"Building" means any structure built for the support, shelter or enclosure of persons, animals, chattels, or property of any kind.

"Caliper" means the diameter, in inches, of the trunk of a tree as measured twelve (12) inches above soil level.

"Human scale" means having dimensions, proportions, and other physical characteristics that are easily understood, manipulated, and experienced by people. As used in this chapter "human scale" means the buildings and improvements are designed to be used by individuals and groups across a broad range of ages and abilities. As a rule, all buildings and improvements should be negotiable by an individual on foot or other human-powered conveyance and should provide opportunities for face-to-face interactions. Signs and other features should be understandable at a walking pace.

"Landscaping" may include trees, shrubs, ground cover, vines, walkways, ponds, fountains, sculptures, decorative paving and other organic and inorganic materials used for creating an attractive appearance, while limiting any increase in soil impermeability.

"Large retail establishments" means a retail establishment, or any combination of retail establishments in a single building or in separate but abutting buildings, or a movie theater or an indoor recreational use, occupying more than twenty-five thousand (25,000) gross square feet of floor area including any outdoor sales and display area(s) and storage/stockroom area(s) but excluding any outdoor area for sale of cars, trucks, boats, recreational vehicles, or manufactured dwellings. Includes supercenters and warehouse clubs.

"Sign" means any device for visual communication, including any structure or natural object or part thereof, that is used for the purpose of bringing the subject thereof to the attention of the public, but not including any flag, badge or insignia of any government or governmental agency or of any civic, charitable, religious, patriotic, fraternal or similar organization.

"Structure" means that which is built or constructed, an edifice or building of any kind or any piece of work artificially built up or composed of parts combined together in some definite manner.

(Ord. 2007-011 § 1 (part))

This chapter shall apply to all new uses, buildings, structures and signs which are to be erected, constructed, converted, established, altered, painted, repainted or enlarged, which are located in the commercial zoning district(s) and mixed use/planned area developments of the town of Springerville.

(Ord. 2007-011 § 1 (part))

The planning and zoning commission shall serve as the design review board until such a time as the town council finds it necessary to appoint a separate design review board. At that time the council will establish provisions for the creation, appointment, powers and duties, term of office and qualifications of each member, and meeting schedule.

(Ord. 2007-011 § 1 (part))

A.

Prior to the preparation of final architectural or engineering drawings for any buildings, structure of sign to which this section is applicable, the property owner, or his or her representative, shall submit the following information for consideration by the zoning administrator:

1.

A design review application as furnished by the planning and zoning department, including the applicant's and owner's names, mailing addresses, location and legal description of the property and other such information as deemed necessary;

2.

Site plan showing the areas devoted to buildings, parking and landscaping treatment (the landscaping plan may be presented on the site plan or on a separate copy). Requests for approval shall be accompanied by four identical copies of the plan. Each copy shall be one or more sheets of paper measuring not more than twenty-four (24) inches by thirty-six (36) inches, drawn to a scale and not smaller than forty (40) feet to the inch;

3.

Elevation drawings of the front, side and rear of the building or structure illustrating the building's appearance and treatment. Exterior materials and color shall be included on the drawing or on a separate list;

4.

Landscaping plan depicting locations, size and names of plant material to be used. A list of appropriate plants will be available upon request from the planning and zoning department;

5.

Materials and color samples, as well as other supportive materials may be required by the zoning administrator if deemed necessary to aid in clarifying the application.

Note: A request for design review may be submitted in conjunction with a request for plan review, provided the plans submitted reflect all elements of this chapter and Chapter 17.88 Plan Review.

B.

Prior to the issuance of a building permit for a building, structure or sign to which this section is applicable, the planning and zoning department shall ascertain that the plans submitted for the building permit are in substantial conformance with the design plans approved, and that the approval time has not expired. Questions regarding procedures or approval shall be referred to the design review board for consideration.

C.

Prior to changing, remodeling or altering of the existing character of a building or structure's exterior or a sign, the property owner or his or her representative shall obtain the approval of the zoning administrator. Repainting and repairs that do not alter the existing character of the building, structure or sign shall be exempt from these regulations.

D.

The zoning administrator may impose such conditions as he or she may deem necessary to carry out fully the intent of this section. The action of the zoning administrator shall be noted on two copies of the plans. One copy shall be retained by the planning and zoning department file and one copy shall be returned to the owner and applicant.

E.

Conditions prescribed by the zoning administrator shall be considered an integral part of the construction plans. Noncompliance with such plans shall be grounds for stopping work on the project or for the denial of the certificate of occupancy, and prosecution under Chapter 17.04 Violations.

F.

A building, structure or sign which has been approved, constructed and installed in accordance with the approval of the zoning administrator may be removed but may not be further modified without additional review and approval.

G.

The building, structure or sign which has been approved by the zoning administrator and has been constructed, including landscaping, shall be maintained by the owners or the person in possession of the property upon which the building, structure or sign is located to ensure an attractive appearance for the development.

(Ord. 2007-011 § 1 (part))

Under certain circumstances where the nature of the permitted or conditional use is such that it would be unnecessary or economically unfeasible for the applicant to prepare a plan in accordance with above requirements, the zoning administrator may waive certain of the above requirements, but in all cases the applicant will be required to prepare and submit some type of site plan drawn to scale.

(Ord. 2007-011 § 1 (part))

In considering any application for design approval, the zoning administrator shall be governed by the following criteria:

A.

The materials used in constructing the building, structure or sign and the architectural design of same shall be compatible with the surrounding properties. The use of materials that reflect a Western, Southwestern, mountain or rustic theme are encouraged, including, but not limited to, stucco, stone, wood, wooden shingles or shakes, and/or tile roofing, are desirable. Other materials may be allowed on a case-by-case basis. Consideration should also be given to the specific aspects of the site proposed for development and its surroundings.

B.

The overall design of the building, structure or sign and its site shall not adversely affect the present or potential development of the nearby properties or the traffic pattern in abutting streets by virtue of type of building, structure or sign, its placement on the lot, and location of parking and driving area.

C.

All screening shall be compatible with the building design, colors and materials. Details of barriers, walls and landscaping used for screening shall be approved by the zoning administrator.

D.

The zoning administrator may require that signs reflect the exterior architectural design of the building or structure and shall be compatible and conform to Chapter 17.100 Signs. The intent of this subsection is that signs shall not have what is commonly referred to as a "tack on" or "sore thumb" appearance or constitute an eyesore to adjacent developed areas.

(Ord. 2007-011 § 1 (part))

A.

For all buildings at least two of the following elements should repeat horizontally: color, texture or materials change; architectural variety and interest through a change in plane such as offsets, reveals, archways or projecting ribs; plane projections or recesses. Buildings with facades greater than seventy-five (75) feet in length should include several of these elements, repeated at appropriate intervals, either horizontally or vertically.

B.

All facades, including back and side elevations of a building generally visible from public view or adjacent to residential areas, should be architecturally treated and relate to the neighborhood. All elevations generally visible from public view should reflect the overall design, colors and textures used on the front facade.

C.

Multi-building projects should include consistent design elements throughout the project.

D.

Building elevations should incorporate architectural features and patterns that include a human scale.

E.

Internalize or underground any vacuum tubes.

F.

Utilize architectural features, screen walls, landscaping and canopies to integrate drive-throughs into the overall building design.

G.

Roof mounted mechanical equipment should be fully screened and roof drain elements should be internalized within the building or an architectural feature such as columns (excepting at-grade discharge).

(Ord. 2007-011 § 1 (part))

A.

This section shall apply to all new buildings, to all new uses of land, and to additions/expansions of at least twenty-five (25) percent to existing buildings and uses in all commercial and mixed use/planned area development districts.

B.

The landscaping plan shall depict locations, size and names of plant material to be used. A list of appropriate plants will be available upon request from the planning and zoning department.

C.

Landscaping shall be established along the street front and side setbacks of any buildings, parking areas, loading areas, or actual storage areas on the property except for necessary driveways, including:

1.

One ornamental shade tree for each eight hundred (800) square feet of hard surface paving or parking area;

2.

One shrub for each two hundred (200) square feet of hard surface paving or parking area.

D.

Landscaping within state and federal highway rights-of-way must comply with Arizona Department of Transportation Landscape and Irrigation Design Guidelines.

E.

Provision shall be made for water service to all landscape areas requiring water.

F.

Any landscape plant not surviving shall be replaced within thirty (30) days of its documented demise or in the next regular planting season with the approval of the zoning administrator.

G.

Lack of maintenance shall constitute a violation of the zoning regulations, and property owners will be subject to a civil violation as described in Chapter 17.04.050.

(Ord. 2007-011 § 1 (part))

While not specifically guideline items, "green building" measures are encouraged in the form of energy-efficient building materials, doors, windows, and lighting based on nationally-recognized programs such Leadership in Energy and Environmental Design (LEED), International Energy Conservation Code (IECC) and Energy Star Labeled Buildings.

(Ord. 2007-011 § 1 (part))

Large scale retail establishments as defined in this chapter shall be allowed by conditional use permit. In addition to the criteria in this chapter (including landscaping), large scale retail establishments shall:

A.

Be responsible for all infrastructure improvements required to serve the site, including, but not limited to, street and/or highway improvements/modifications; water and sewer service adequate to serve the development; and electrical and communications service;

B.

Include parking and articulated customer entrances on at least two sides/elevations of the building(s); and at least one articulated customer entrance per one hundred (100) feet of facade;

C.

Include sidewalks not less than six feet wide that are separated and distinct by use of landscaping, color and material change. Ten foot sidewalks shall be installed the length of each side of a building or structure featuring a customer entrance;

D.

Building(s) or structure(s) shall be designed on a human scale and their mass shall be integrated into the surroundings through the use of architectural techniques and features to bring proportion to its horizontal and vertical dimensions;

E.

Outdoor display areas for merchandise shall be enclosed by fence walls integrated with the primary building, and may include wrought iron for visibility. No merchandise or materials of a hazardous nature that pose the potential for pollution through stormwater runoff, drainage or leaching may be stored or displayed outdoors;

F.

Provide visual and noise buffers where the site is adjacent to a residential use or residentially zoned property by providing a minimum building setback of at least two hundred (200) feet from a residential use or residentially zoned property that is adjacent to the site, in addition to the screening requirements in the commercial and industrial zoning classes;

G.

Overnight parking of recreational vehicles anywhere within the site development shall be prohibited;

H.

Any other requirements deemed necessary and/or appropriate by the planning and zoning commission or the town council, including, but not limited to, an economic impact study, traffic impact analysis.

(Ord. 2007-011 § 1 (part))

The application for plan approval shall be accompanied by a filing fee in an amount established by a schedule adopted by resolution of the council and filed in the office of the town clerk. No part of the filing fee shall be returnable. Payment of filing fee shall be waived when the petitioner is the town, county, state or federal government.

(Ord. 2007-011 § 1 (part))

A.

The zoning administrator shall have ten working days from submission of the plan application to review said plan and approve, conditionally approve or reject said plan based on it compliance with all provisions of this title, all other ordinances and master plans of the town of Springerville, and to notify the applicant of his or her decision in writing. It is the responsibility of the applicant to submit adequate material on which the zoning administrator may make a determination as to the compliance of the proposed development with the terms of this section. If however, the zoning administrator wishes to obtain the opinion of the design review board he may at his discretion, forward the plan to the planning and zoning commission for action at their next regular meeting. In such case the zoning administrator must render a decision within five days after commission action, the decision set forth in detail, the reasons for denial, or in the event of a conditional approval, the changes or additions which are necessary to make the plan acceptable.

B.

The zoning administrator, after reviewing an application, shall impose such reasonable conditions as he or she may need necessary to carry out the provisions and intent of this section.

C.

Such approval as is granted by the zoning administrator shall become effective in fifteen (15) days unless the applicant appeals the decision as set forth in Chapter 17.88.060. In case of such appeal, the approval shall be voided until the design review board acts on the matter. The board may reverse, affirm or modify the order, requirement or decision of the zoning administrator appealed from, and make such order, requirement, decision or determination as necessary.

D.

All copies of the approved plan, with any conditions shown thereon or attached thereto, shall be dated and signed by the zoning administrator. One copy of said approved plan and conditions shall be mailed to the applicant, one copy shall be forwarded to the building inspector and one copy shall be filed with the planning and zoning department.

(Ord. 2007-011 § 1 (part))

A.

Any applicant for design approval who is dissatisfied or aggrieved by the decisions of the zoning administrator, may appeal such decision to the design review board by filing a written notice of appeal with the zoning administrator no later than fifteen (15) days from the date of the zoning administrator's decision.

B.

Any person may file an appeal with the board of adjustments over any decision of the zoning administrator or the design review board in accordance with the provisions of Chapter 17.92.010. If no appeal is filed with the board of adjustments within fifteen (15) days after board action, the action of the commission shall be considered final.

(Ord. 2007-011 § 1 (part))

A.

Six months from the date of approval, a design approval becomes void if a building permit has not been issued.

B.

An extension of approval may be granted if the applicant requests an extension prior to the approval becoming void and the extension is granted by the zoning administrator.

(Ord. 2007-011 § 1 (part))

A.

Prior to the issuance of a building permit, the building inspector shall ascertain that the zoning administrator has approved plans which are in conformance to those presented with the building permit application and that the time limitations imposed by this title have not elapsed.

B.

The zoning administrator shall ensure that all matters are undertaken according to the conditions of the approved plan. In the event of a violation, the zoning administrator shall notify the permittee by mail that he is in violation of the conditions of the approved plan. If no attempt to correct the violation is made within ten days after notification, the building permit shall be revoked and considered null and void.

C.

Failure to comply with any provision of this chapter shall constitute a violation of the zoning regulations, and property owners will be subject to a civil violation as described in Chapter 17.04.

(Ord. 2007-011 § 1 (part))