Chapter 19.31
DESIGN OVERLAY ZONE
Sections:
19.31.020 Who may apply for rezone.
19.31.030 Standards for the formation of the design overlay zone.
19.31.050 Effect of design overlay zone.
19.31.060 Design review process.
19.31.070 Modification of design criteria.
19.31.010 User guide.
Certain areas on the city zone map may have subareas that are enclosed by a dashed line, within which is the symbol for one of the use zones and the letter “D,” which denotes that the area is within a design overlay zone. This chapter explains the procedures that must be used to have property included within the design overlay zone. (Ord. 1671-89 (part), 1989.)
19.31.020 Who may apply for rezone.
Either a property owner, or an agent acting on behalf of a property owner may apply to form or to have property included within a design overlay zone. The city may also initiate proceedings to form or include property in the design overlay zone. In either case, the proposal shall be reviewed as an area-wide rezone and shall be reviewed using procedures for certain legislative land use actions, described in Title 15, Local Project Review Procedures. (Ord. 2538-01 § 22, 2001: Ord. 1671-89 (part), 1989.)
19.31.030 Standards for the formation of the design overlay zone.
A. Formation. The minimum area which may be included within a design overlay zone shall be ten acres, measured to the center of all abutting street rights-of-way.
B. Additions. The addition of contiguous property to an existing design overlay zone shall have no minimum required area. (Ord. 1671-89 (part), 1989.)
19.31.040 City action.
A. The city, in reviewing a proposal to classify a property within the design overlay zone, may consider modifying the proposed district boundary to include a larger or smaller area than originally proposed, provided it complies with the minimum area requirements of Section 19.31.030, if it is determined that the proposed design overlay zone would promote the goals and policies of the Everett general plan, be of benefit to the immediate area, and be in the best long term interests of the community.
B. In approving a rezone to include property within the design overlay zone, the city council shall adopt an ordinance that contains specific design guidelines or criteria that intends to apply to properties within the specific rezone area. The adopting ordinance shall contain general guidelines or specific criteria which include the following features:
1. Mandatory:
a. Intent of the city in adopting the design overlay zone classification;
b. Desired architectural style or general guidelines which shall be used to regulate the design of the buildings, structures and properties within the zone.
2. Optional:
a. Specific regulations for signs, landscaping, open spaces, view protection, solar access, parking facility location and design, streetscape treatment, pedestrian walkways, plazas, lighting and street furniture, all of which may be of a higher standard than required in the underlying use zone, but shall not permit development to occur which would be of a lower standard than required by the underlying use zone.
b. Specific regulations for building facades, exterior materials, roof pitch, bulk and height of buildings, building setbacks, setbacks for upper stories, type of landscaping used including street trees, size and spacing of windows, doors and other openings.
c. Any other relevant design standards which promotes the intent of the city council in establishing the design overlay zone for a specific area. (Ord. 1671-89 (part), 1989.)
19.31.050 Effect of design overlay zone.
Any property that is included within a design overlay zone shall comply with design criteria for that specific area which are contained in the rezone ordinance classifying the property within the design overlay zone. The criteria contained within the ordinance shall have the full effect of the law as if codified within this title. (Ord. 1671-89 (part), 1989.)
19.31.060 Design review process.
All development of property and construction of buildings on property located within the design overlay zone shall be reviewed in accordance with the review process as defined in Title 15, Local Project Review Procedures. All appeals of decisions made pursuant to this section shall be in accordance with the procedures set forth in Title 15, Local Project Review Procedures. The applicant shall provide all information indicated on the application forms available from the planning department and other specific information or materials requested by the planning department necessary to evaluate the proposed development for consistency with the adopting ordinance codified in this title. (Ord. 2538-01 § 23, 2001: Ord. 1671-89 (part), 1989.)
19.31.070 Modification of design criteria.
An applicant may request a modification of the design criteria contained within the adopting ordinance. The modification request shall be reviewed in accordance with the review process as defined in Title 15, Local Project Review Procedures. Following planning commission consideration of the modification, the recommendation of the planning commission shall be reviewed by the city council. In order to approve a request for modification, it must be found that the requested modification does not alter the character desired for the area and is consistent with the intent of the city council in adopting the design overlay zone classification. (Ord. 2538-01 § 24, 2001: Ord. 1671-89 (part), 1989.)
19.31.080 Uses permitted.
Uses permitted within a design overlay zone classification shall be the same as those permitted in the underlying use zone, unless otherwise specified as being uses which are excluded in the adopting ordinance. (Ord. 1671-89 (part), 1989.)