§ 30-940.4. Process for designation.

(a)

Scope. In the City there may be created design overlay districts which shall be an overlay to the other zoning districts into which the City is divided. The boundaries of any districts created shall be shown on the official zoning map on file with the Department of Planning and Development Review and may be amended from time to time by the City Council, which map is incorporated in this division by reference and made a part of this division. Materials documenting the process of establishing a design overlay district shall be kept in the files of the Department of Planning and Development Review. The Director of the Department of Planning and Development Review may establish additional procedures for the establishment of design overlay districts. The adoption, amendment or repeal of any boundaries of a design overlay district shall comply with and shall be subject to all procedures and criteria set forth in the Charter applicable to the adoption, amendment or repeal of the comprehensive zoning plan.

(b)

Requests by neighborhood organization; report. Any neighborhood organization which has demonstrated a broad representation and membership may request design overlay district designation for its neighborhood. The neighborhood organization requesting designation must submit a written report to the Director of the Department of Planning and Development Review which contains the following:

(1)

The name of the neighborhood organization representing the interest of property owners in the proposed area, and one contact person's name, street address, and daytime phone number.

(2)

A justification of why design overlay district designation is needed.

(3)

A statement of the neighborhood's goals and an explanation of how design overlay district designation will meet these goals.

(4)

A description of the following in the neighborhood:

a.

Unique established neighborhood character;

b.

Architectural coherence and harmony; and

c.

Vulnerability to deterioration.

(5)

A simple inventory of the neighborhood's unique characteristics including building characteristics, descriptions, significant details, date of construction, types of land uses, property addresses, etc. Color photographs documenting the characteristics must be included in the report.

(6)

A reproducible map showing the proposed district's boundaries with street names clearly displayed and an explanation of why the boundaries are appropriate.

(7)

A draft of specific design guidelines for the proposed design overlay district and how the guidelines relate to inventory characteristics.

(8)

A statement of the level of neighborhood and property owner support for design overlay district designation.

(9)

A description of the neighborhood organization's activities reflecting progress towards design overlay district designation to date.

(10)

Any additional information that the Director of the Department of Planning and Development Review or designated staff determines to be necessary.

(c)

Public information meeting. The staff of the Department of Planning and Development Review shall review the report submitted by the neighborhood organization pursuant to Subsection (b) of this section. Upon acceptance of the form and content of the report, the staff shall notify the neighborhood so a public information meeting may be called. The public information meeting shall be sponsored by the neighborhood organization with assistance from staff of the Department of Planning and Development Review. The neighborhood organization shall provide written notice of the public information meeting to all property owners within the proposed design overlay district. In addition, notice of the public meeting shall be published by the neighborhood organization once in a daily newspaper of general circulation in the City and not less than 14 days prior to the date of the public information meeting.

(d)

Review of proposed designation. Pursuant to this section, the neighborhood organization shall notify the property owners by mail and solicit, by return mail to the Department of Planning and Development Review, a response of support or opposition to the proposed design overlay district designation. If the majority of the responding property owners indicate support for the designation, the neighborhood organization's report shall be presented to the Urban Design Committee and the Planning Commission. Upon a favorable recommendation of the Planning Commission, an ordinance shall be prepared designating the design overlay district. A separate ordinance shall be required for each design overlay district. The ordinance shall be reviewed by the Urban Design Committee which shall forward a recommendation to the Planning Commission which shall review the ordinance and forward a recommendation to the City Council. The City Council shall take final action on the proposed design overlay district after holding a public hearing.

(e)

Relation to other districts. Design overlay districts shall be in addition to the underlying zoning and shall be applied to overlay and shall be superimposed on other zoning districts as permitted by this chapter and shown on the official zoning map. Any property lying within a design overlay district shall also lie within one or more of such other zoning districts, which shall be known as underlying districts.

(f)

Application of district regulations. Each design overlay district is established to create a review process as provided in this division. In all other respects, the land use regulations normally applicable within the underlying zoning district shall apply to property within the boundaries of the design overlay district.

(Code 1993, § 32-940.4; Code 2004, § 114-940.4; Ord. No. 2009-221-2010-9, § 1, 1-25-2010)

(Code 1993, § 32-940.4; Code 2004, § 114-940.4; Ord. No. 2009-221-2010-9, § 1, 1-25-2010)