Consultant frames Carefree zoning code update as 'surgical,' not a rewrite

Matt Kisico of Michael Baker International told a packed Carefree workshop that the town’s zoning code will be updated in a targeted, technical process designed to implement the town’s recently revised general plan, not to rewrite the entire ordinance.

Kisico said the general plan sets long-range goals while the zoning code is the legal tool that implements them. "We say zoning ordinance update. This is not a zoning ordinance rewrite," he told attendees, adding the consultant team’s work will be “surgical” and focused on areas that need adjustment to accomplish the general plan’s policies.

Why it matters: zoning code language determines what property owners can build, how neighborhoods are protected and which uses are allowed. Changes can affect setbacks, permitted uses, design standards, and what applications require public notice or administrative review.

What the update will cover: Kisico outlined core code components — zoning districts and map, permitted-use tables, development standards (setbacks, heights, lot coverage), use-specific restrictions (for example, drivethrus and outdoor music), general standards (parking, signage, lighting) and administration and procedures for approvals such as rezones and variances. He said the team will also examine how the code is organized and add crosswalks and hyperlinks to make it easier to use.

Legal limits: Kisico emphasized that the town cannot supersede state or federal law. He cited the Fair Housing Act as an example of federal protection that limits local regulation of group homes for people with disabilities. He also said a recent state law requires design standards in the zoning code to be objective — written so they can be judged in black-or-white terms rather than vague guidelines — and warned that changes that remove established legal uses can trigger compensation obligations under state rules. Kisico noted a state statute triggers extra public-notice procedures if more than 10 percent of certain code elements are changed; he said the team will follow the statutory public-notice requirements but did not cite specific statute numbers during the presentation.

Examples and challenges: Kisico used "build-to-rent" as an example of a new product that many communities did not anticipate in older codes and that has forced targeted revisions elsewhere. He said Carefree’s hillside protections are already robust and likely will need fewer changes than other sections such as definitions and formatting, which often require closer attention.

Process and participation: The update will proceed in four phases (diagnostic, outline/organization, drafting modules, adoption). The team will draft the code in modules, starting with zoning districts and development standards, then test the draft against hypothetical projects (“test mapping”), and use a stakeholder advisory group as an iterative sounding board. Kisico said the project website will host the presentation boards and invite ongoing comments, and that the next community workshop is tentatively scheduled for late August.

Questions from residents: In the question-and-answer period, a resident asked whether Carefree needs a full rewrite or only targeted edits; Kisico replied it is a "mixed bag," with some strong existing sections and other parts that will require more edits. When asked about the formal approval process, Kisico reiterated that state statutory thresholds determine notice and adoption procedures and that staff will follow those rules.

No formal votes or motions were taken at the workshop. Kisico closed by inviting attendees to review the display boards, leave sticky-note feedback and speak with project staff.