SUPPLEMENTARY REGULATIONS
The purpose of the regulations set forth in this section is to supplement the zoning regulations appearing elsewhere in this zoning ordinance. Unless specifically set forth herein or elsewhere in this zoning ordinance, the following general regulations shall apply to all property within the corporate limits of the city.
(a)
No person, firm or corporation shall strip, excavate or otherwise remove topsoil, rock, sand, gravel or other natural earth materials for use on another premises, except in connection with the construction or alteration of a structure on such premises and excavation or grading incidental thereto, or as part of an approved sand and gravel extraction or mining facility.
(b)
Every dwelling shall be located and maintained on a "lot" as defined in article 1 of this Zoning Ordinance.
(c)
No land required to meet the width, depth, yard, area, coverage, parking or other requirements of this ordinance for a lot or building may be sold or leased away from such lot or building.
(d)
No parcel of land may be subdivided from a larger parcel of land unless the resulting parcels all meet the minimum width and area requirements for the zone in which they are located.
(e)
No residentially zoned lot shall be divided in such a way that the division results in a lot that contains more dwelling units than are permitted by the zoning regulations of the district in which such lot is located.
(f)
Every part of a required yard shall be open to the sky and unobstructed, with the following exceptions:
(1)
Front and rear yards.
(A)
Accessory buildings in the rear yard of a single-family residence shall be allowed according to the requirements of section 28-133 below.
(B)
The ordinary projections of eaves, skylights, window sills, belt courses, cornices, chimneys, flues, balconies, and other ornamental features may project into a required front or rear yard not more than five (5) feet.
(C)
Bay windows, including their cornices and eaves, may project into a required front or rear yard not more than three (3) feet; provided, however, that the sum of such projections on any wall does not exceed one-third (⅓) the length of said wall.
(2)
Side yards.
(A)
The ordinary projections of eaves, skylights, window sills, belt courses, cornices, chimneys, flues, balconies and other ornamental features may project into a required side yard not more than three (3) feet.
(B)
Bay windows, including their cornices and eaves, may project into a required side yard not more than three (3) feet; provided, however, that the sum of such projections on any wall does not exceed one-third (⅓) the length of said wall.
(C)
In no instance shall any projection into a required side yards be allowed if said projection is determined to interfere with vehicular access to a garage located in the rear yard.
(D)
A minimum clearance of five (5) feet shall be maintained on the gated side of lots separated by party walls. In no instance shall any projection be allowed within that required clearance.
(g)
Any enclosed porch or patio cover, or one capable of being enclosed shall be considered a part of the main building in the determination of the size of yard or lot coverage.
(h)
A mobile home, recreational vehicle, or similar vehicle shall not be considered a dwelling unit, nor occupied as such, unless located in a recreational vehicle or mobile home park or as part of an authorized seasonal sales permit.
(i)
A mobile home, recreational vehicle, or similar vehicle shall be prohibited as a facility for any non-residential use permitted in this ordinance, except for any of the following:
(1)
Use as a construction trailer and/or construction office while construction is on-going on a site pursuant to a valid building permit.
(2)
Use as a sales office for a Single-Family Residential development prior to completion of a model home complex.
(3)
Use as a hiring, leasing, or training office for a commercial or industrial development prior to completion of the building or tenant space that the office is serving.
(4)
Use as a sales office in conjunction with an approved seasonal sales permit.
(5)
Use as a temporary clubhouse for a golf course while construction of a permanent clubhouse is on-going pursuant to a valid building permit.
(6)
Use in conjunction with any special event approved by the city clerk's department.
(j)
Garage/yard sales in excess of sixty (60) consecutive hours or in excess of four (4) times per year are prohibited.
(k)
No obstruction to view in excess of two (2) feet in height shall be placed in any sight visibility triangle or within sight distance lines (as defined and measured in the City of Avondale General Engineering Requirements Manual) except for the following:
(1)
Trees, if the lowest portion of the canopy is pruned to a minimum height of seven (7) feet above grade.
(2)
Official signs, signals, devices and other equipment used for governmental purposes by the State of Arizona, the City of Avondale, or other authorized public entity with specific authorization to locate equipment at that location.
(l)
Mechanical equipment, including, but not limited to, heating/cooling equipment, pool pumps, electrical equipment and motors directly related to the primary use of the property, shall be restricted from use in the front yard.
(m)
Within residential zones, no preheat, tempering or holding water tanks shall be located on the roof or side the structure. Heating/air conditioning units shall be ground mounted on a concrete pad. All wiring and piping for solar water heaters and air conditioning units shall be installed as to not be visible from neighboring properties or the street.
(n)
Mobile food vendors are prohibited from operating on property zoned for residential use and within two-hundred and fifty (250) feet of a property zoned for residential use, except with a City approved special event permit.
In all Single-family residential districts, detached accessory buildings shall conform to the following restrictions concerning their locations on a lot.
(a)
Detached accessory buildings shall not be permitted within a front yard, as defined in article 1 of this Zoning Ordinance.
(b)
Any detached accessory building not located in the rear one-half (½) of a lot shall maintain such yards as are required for a dwelling unit on the same lot except for an accessory dwelling unit (ADU) per section 28-33.
(c)
Detached accessory buildings placed in the rear one-half (½) of a lot may encroach into the required rear and side yard setbacks subject to the following conditions, except as otherwise provided for ADUS per section 28-33:
(1)
On a through lot, an accessory building shall not be located closer to the rear property line than the distance required for front yard setback.
(2)
On a corner lot contiguous to a key lot, no detached accessory building shall be erected or altered so as to come closer to a street side of the corner lot than the front yard required on the key lot. In no instance, however, shall a setback greater than twenty-five (25) feet be required.
(3)
On any other corner lot, an accessory building shall not be located closer than ten (10) feet from the property line.
(4)
On a lot in the AG District, an accessory building shall not be located closer than twenty (20) feet to rear and side property lines.
(5)
Where permitted, guest houses shall adhere to the primary building setbacks for the zoning district in which the guest house is to be located.
(d)
In all zoning districts except for Single-Family Residential Districts, covered parking canopies may be located within required side and rear setbacks unless a landscape buffer is required by article 12 of this ordinance.
(e)
No building that is accessory to any residential building shall be erected to a height greater than fifteen (15) feet, except for an ADU per section 28-33 and on a residential lot in the AG District, a shelter for the keeping of animals, silos or other similar structures customarily used in association with an agricultural use may be erected to the maximum height allowable for the main building in that district.
(f)
All accessory buildings shall count towards the maximum allowable lot coverage on a given lot.
(Ord. No. 2027-0924, § 4, 9-9-24; Ord. No. 2032-1124, § 4, 11-18-24)
(a)
Attached church spires, crosses and other religious symbols, belfries, cupolas, flagpoles, clock towers, domes or similar features may extend above the roof no more than the height of that building. Detached features shall be no greater than twice the height of the highest building on site.
(b)
Chimneys, bulkheads, penthouses not for human occupancy, ventilators, skylights, water tanks, and other similar mechanical equipment shall be limited to fifteen (15) feet above the building height limit and shall be fully screened or integrated into the building architecture.
(c)
Parapet walls or cornices may extend to a maximum of five (5) feet above the building height limit. The height of the parapet wall or cornice shall be measured from the highest side of a sloped roof.
(d)
The height of wireless facilities or transmission towers shall be evaluated to ensure compatibility with surrounding development in accordance with the procedures set forth in section 28-138.
Seasonal sales shall be allowed subject to the conditions outlined in this subsection. All seasonal sales uses shall be conducted so as not to be detrimental to the surrounding properties and shall be subject to the standards and regulations contained herein. No permit shall be granted until adequate assurances have been provided that compliance with the provisions of the Zoning Ordinance and all other applicable City codes or regulations have been met.
(a)
General regulations for seasonal sales.
(1)
Every seasonal sales use shall require a permit granted pursuant to the procedures outlined in this section.
(2)
Upon cessation of the use or expiration of the permit, whichever occurs first, the premises will be promptly cleaned and restored to substantially the same condition existing prior to commencement of such use. The applicant shall provide, at the time of application, written authorization from the property owner specifically (a) acknowledging that the cleaning/restoration obligation is ultimately the owner's responsibility and (b) ensuring that if the applicant does not promptly clean and restore the property, the owner will complete the cleaning and restoration work.
(3)
Written authorization of the use by the owner of the property on which the use is to be located shall be required.
(4)
In no event shall a seasonal sales permit be granted for a period longer than two (2) months. Seasonal sales activities are limited to sixty (60) days a calendar year, per site. No two (2) permits shall be granted in different calendar years such that more than two (2) continuous months of operation are permitted. A permit shall only be issued for sales events occurring on consecutive dates and separate permits, with all applicable fees, will be required if events are non-consecutive. For instance, if a seasonal sales activity occurs on the first Friday of each month, separate permits would be required for each Friday.
(5)
Seasonal sales are permitted in any non-residential district.
(6)
Fireworks vendors are exempt from obtaining a seasonal sales permit during the dates specified in the Arizona Revised Status for the sale of consumer fireworks.
(b)
Permitted seasonal sales uses.
(1)
Christmas tree sales, or similar seasonal or holiday related on-site or off-site sales events.
(2)
Off-site sales of souvenirs, gifts and food incidental to a sporting event.
(3)
Any non-permanent outdoor use that is not specifically set forth in subsection 28-135(b)(1) or (2) above, including, but not limited to, carnivals, concerts and off-site commercial sales, shall be considered a special event and be subject to the application and review procedures set forth by the city clerk's department.
(c)
Application, review, and approval process. Requests for a Seasonal Sales permit shall be made on forms obtained from the City and a filing fee shall be charged and collected at the time of application submittal.
(1)
Applications shall be reviewed by the department. The request shall be administratively approved, conditionally approved, or disapproved no later than ten (10) working days from the date of submittal.
(2)
The zoning administrator or authorized designee shall notify the applicant of the decision in writing and shall state any conditions for approval or reasons for denial.
(d)
Approval criteria. In order to make a determination of approval, the zoning administrator or authorized designee shall determine that all of the following criteria have been met:
(1)
The use complies with all applicable codes and ordinances.
(2)
The nature, scope, location, and manner of the activity do not constitute a health or safety hazard to the general public.
(3)
The use does not interfere with pedestrian access ways, fire lanes, driveways, landscaped areas or traffic visibility at driveways or street intersections.
(4)
The number of parking spaces on the property is adequate to simultaneously serve any existing permanent use (if applicable) and the seasonal sales use. All parking surfaces are in compliance with the requirements set forth in section 28-163(a) below.
(5)
The sales are not between the hours of 10:00 p.m. and 7:00 a.m. local time, Avondale, Arizona.
(e)
Appeals. An appeal of the zoning administrator's decision may be made within fifteen (15) days of the said decision. The appeal shall be heard by the board of adjustment at a public meeting within thirty (30) days of the date upon which the applicant's notice to appeal is submitted.
The following regulations shall apply to all swimming pools:
(a)
Swimming pools shall be enclosed in accordance with the provisions of state law.
(b)
Swimming pools shall not be located in the required front yard of any district.
(c)
In any Suburban Residential and Urban Residential District (as set forth in article 3 of this zoning ordinance) private swimming pools shall not be any closer than three (3) feet to any property line and may not be located within any recorded easement except with a written approval of the easement holder, which approval shall be recorded with the Maricopa County Recorder's Office.
(d)
In any residential district other than Suburban Residential and Urban Residential as set forth above, a private swimming pool or a semi-public swimming pool shall not be closer than seven (7) feet to any property line and may not be located within any recorded easement except with a written approval of the easement holder, which approval shall be recorded with the Maricopa County Recorder's Office.
(e)
Public swimming pools shall adhere to building setback requirements for the zoning district in which the pool is located.
(f)
The provisions of this section 28-136 shall apply to all permanent or non-permanent pools containing water with a depth of more than eighteen (18) inches. Decorative water features and fountains containing a water depth of eighteen (18) inches or less are exempt from the requirements of this section.
(a)
Purpose. These regulations are intended to establish procedures and standards that ensure minimal light trespass, reduce glare, and increase energy conservation in order to maintain the quality of Avondale's physical and aesthetic character as well as protect naturally dark skies for astronomical purposes. For the purposes of this Section, "visible from contiguous real property" means any light levels that exceed 1-foot candle at the property line.
(b)
Applicability. These regulations shall apply to all new outdoor lighting installed after June 4, 2002 for the following uses, excluding public streetlights:
(1)
Buildings and structures.
(2)
Outdoor recreational areas, unless specifically exempted by this ordinance.
(3)
Parking lot lighting.
(4)
Landscape lighting.
(5)
Other outdoor lighting.
(c)
Permanent lighting standards.
(1)
Small-scale recreational lighting. The following standards apply to the lighting of all outdoor recreational facilities except baseball, softball, soccer, volleyball or football fields; driving ranges; and outdoor arenas and amphitheaters:
(A)
The height of any light fixture or illumination source shall not exceed twenty-five (25) feet.
(B)
All lighting or illumination units or sources shall be fully shielded so that they are not visible from any contiguous lot or real property.
(C)
Lights or illuminating units shall not cause light to be cast upon any contiguous real property, either directly or through a reflecting device.
(2)
Large-scale recreational lighting. The following standards apply to the lighting of all outdoor recreational facilities, including those facility types exempted from the requirements above:
(A)
All metal halide lamps shall be filtered by glass, acrylic or translucent enclosures.
(B)
No lighting of one hundred fifty (150) watts or greater shall be used after 11:00 p.m. contiguous to any residential district or use.
(C)
Shields shall be provided to control external glare and minimize up-light and off-site light trespass so that light levels do not exceed one (1) foot candle at the property line contiguous to residential districts or uses.
(D)
Lighting for special events after 11:00 p.m. shall be permitted pursuant to the terms of the special event approval from the city clerk's department for areas contiguous to any residential district or use.
(3)
Sign lighting. External lighting of the face of signs, where permitted, shall be placed above the sign and shielded in a manner that the illumination source is not be visible from any contiguous lot or real property. All signage shall be constructed in conformance with article 9 of this zoning ordinance.
(4)
Security, landscape, parking area, architectural, decorative, and other permanent lighting.
(A)
All outdoor lights, except for small scale recreational lighting and large scale recreational lighting (as set forth in subsections 28-137(c)(1) and (2) above) shall be fully shielded and directed downward at an angle no greater than forty-five (45) degrees above straight down, with the following exceptions:
i.
Lighting for residential uses with an initial output of less than one thousand (1,000) lumens.
ii.
Decorative, landscape and architectural accent lighting, mounted no higher than eight (8) feet off the ground with an initial output of less than two thousand (2,000) lumens.
iii.
Pedestrian and trail lighting, mounted no higher than eight (8) feet off the ground with an initial output of less than two thousand (2,000) lumens.
iv.
Low-wattage string lights, such as festoon lights.
(B)
Lights or illuminating units shall not cause light to be cast upon, or be visible from, any contiguous real property, either directly or through a reflecting device.
(C)
The top of building mounted light fixtures shall not be higher than the top of the parapet or roof, whichever is higher.
(D)
Any pole-mounted lighting shall have a maximum height of twenty-five (25) feet. In or within seventy-five (75) feet of any residential zoning district, any pole-mounted lighting shall not exceed sixteen (16) feet in height. Pole mounted lighting for multi-use trails and other pedestrian oriented spaces shall not exceed twelve (12) feet in height.
(E)
LED luminaires shall be utilized for all parking lot lighting on new development sites. Conversion to LED luminaires from other lighting types shall be supported on existing development sites if either (i) all parking lot lighting on an entire development site is replaced with LED luminaires, or (ii) the LED luminaire design closely resembles the appearance of the non-LED luminaires to remain on portions of a development site. Within parking lots, a uniformity ratio of not greater than five (5) to one (1) average-to-minimums is required.
(F)
Within parking lots, a uniformity ratio of not greater than five (5) to one (1) average-to-minimums is required.
(G)
The installation of mercury vapor fixtures is prohibited.
(d)
Submittals required. All development and re-development projects shall submit an outdoor lighting plan for the entire site specifying how the standards of this section 28-137 are to be met. Submittals shall include a site plan indicating the locations and types of all fixtures on site, luminaire specifications, and a photometric plan indicating light levels across a property (measured in foot candles).
(e)
Temporary lighting.
(1)
The temporary operation of searchlights shall be allowed subject to approval of a seasonal sales permit and to the following conditions:
(A)
During the months of May through October, searchlights shall not be operated between the hours of 11:00 p.m. and 6:00 a.m. local time, Avondale, Arizona.
(B)
During the months of November through April, searchlights shall not be operated between the hours of 10:00 p.m. and 7:00 a.m. local time, Avondale, Arizona.
(C)
Searchlights shall not be operated on residentially zoned properties except for grand openings of new developments.
(D)
All searchlights shall be pointed skyward such that no direct light therefrom shall shine upon any building or structure.
(2)
The use of temporary lighting for non-residential uses is permitted pursuant to the terms of the special event approval from the city clerk's department. This shall not apply to seasonal decorations using low-wattage lamps (e.g. Holiday lights).
(f)
Nonstandard lighting. Any lighting that does not meet the standards of this Section 28-137 shall require approval of a conditional use permit, which may be approved or denied by the city council in its sole discretion.
(a)
General requirements.
(1)
The site of a wireless facility or a transmitting tower must provide access that is paved or surfaced with permeable paving and at least one (1) parking space designed to applicable City standards which parking space may be incorporated as part of the maneuvering areas and access drives. This requirement can be waived by the zoning administrator when hard surfaced adjacent or nearby parking already exists, or when the zoning administrator concludes that the goals of the city are better served by modifying the parking requirement.
(2)
Applicants shall be responsible for registering all qualifying wireless facilities or transmitting towers with the Federal Aviation Administration (FAA) and Federal Communications Commission (FCC).
(3)
Signs warning against trespassing and climbing support structures shall be posted near all scalable Wireless Facilities and Transmitting Towers located outside of secured areas. Step pegs shall not be placed lower than fifteen (15) feet from grade.
(4)
If a wireless facility or transmitting tower ceases operation, the wireless facility/transmitting tower and related equipment shall be removed by the provider or the provider's representative within six (6) months of the shutdown date.
(5)
Associated ground equipment shall be completely screened by dense landscaping and either (a) a masonry enclosure that meets the requirements of article 12 of this zoning ordinance or (b) a decorative cabinet as approved by the zoning administrator. Equipment enclosures/cabinets which exceed four (4) feet in height shall not be located within the required building setback area for the zoning district in which the facility is located. Setback and screening requirements may be waived by the zoning administrator in instances where ground equipment is placed inside an existing, walled electrical substation or similar facility which encroaches into a required setback. In no instance shall ground equipment be located within the public right-of-way.
(6)
To the extent possible and in addition to any specific requirements set forth in subsections 28-138(b) and (c) below, all components of a wireless facility or transmitting tower shall be finished or painted so as to minimize the visual obtrusiveness of the structure and shall not be illuminated unless otherwise required by state or federal regulations. Arrays and associated cables shall be painted to match the wireless facility or transmitting tower to reduce visual impact.
(b)
Wireless facilities.
(1)
Freestanding wireless facilities.
(A)
Freestanding monopole wireless facilities are permitted in all zoning districts subject to administrative site plan approval.
(B)
No new lattice wireless facilities or guyed wireless facilities shall be permitted.
(C)
No wireless facilities are allowed in the public right-of-way, except for small wireless facilities permitted according to subsection 28-138(b)(3)(B) below.
(D)
Prior to approval, the applicant must demonstrate an inability, or technical rationale, for not co-locating the wireless facilities on an existing vertical element and other available sites. The applicant must provide the following information for city review:
i.
A comprehensive list of all existing vertical elements of within a one-half (½) mile radius of the proposed site which are: (a) of sufficient height to be used for wireless facility co-location and (b) eligible for co-location under City requirements.
ii.
A written narrative statement explaining why co-location on the existing vertical elements identified according to subsection 28-138(b)(1)(D)i. above was not pursued, or is not a viable alternative to the proposed site.
iii.
Map exhibits displaying: (a) the existing gap in signal coverage the new wireless facility will remediate and, (b) the projected signal coverage of the new wireless facility.
iv.
A written statement listing property owners consulted with for locating the wireless facility and the reasoning an alternate site was not chosen.
(E)
Freestanding monopole wireless facilities shall be set back from all non-residential property lines a minimum distance of one (1) foot for each one (1) foot of the monopole wireless facilities height above finished grade except that freestanding monopole wireless facilities located within electrical substations, receiving stations, or government facilities shall be exempt from setback requirements.
(F)
Freestanding monopole wireless facilities shall be setback six hundred (600) feet from the property lines of any residential zoned property, residential use, and/or property with a residential General Plan designation.
(G)
The maximum height for freestanding monopole wireless facilities shall be sixty-five (65) feet to top of palm fronds and branches for monopalms and monopines.
(H)
Freestanding monopole wireless facilities shall be alternative structure designs, (otherwise referred to as "stealth designs") in character with the surrounding area (i.e., a flagpole at a public building, a monopalm in an area with mature palm trees, a monopine in an area with mature evergreen trees, a spire or steeple at a religious institution, an architectural tower element associated with a building, or a monocactus in an area with other, mature saguaro cacti); provided, however, that a monopole design may be permitted without alternative structure designs, if the applicant provides the zoning administrator with such information as necessary to determine that the wireless facilities will only be visible from permanently unoccupied areas or that the character of the proposed tower will blend in with the surrounding area (i.e. within the confines of an electrical substation containing other structures of similar height).
(2)
Structure-mounted wireless facilities.
(A)
Wireless facilities mounted on buildings are permitted in all zoning Districts subject to administrative approval.
(B)
Wireless facilities mounted on buildings shall be alternative structures integrated into the design of the building as an integral architectural element or roof mounted and completely screened by the height of the parapet. All wireless communications equipment, including associated ground equipment, shall be completely concealed from view.
(C)
Architectural features used to conceal wireless facilities mounted on buildings shall not extend above the roof more than twice the height of the building. For example, a building with a height of thirty (30) feet may incorporate a wireless facility within a thirty (30) foot bell tower (for a total height from finished grade of sixty (60) feet) if all other conditions of this zoning ordinance are met.
(3)
Location of wireless facilities on existing or planned vertical elements.
(A)
Wireless facilities may be mounted on the following existing or planned vertical elements subject to administrative approval:
i.
Utility provider electrical poles.
ii.
Athletic field light towers.
iii.
Other existing or planned vertical elements on which the mounting of antennas will not significantly alter the function and character of the structure as determined by the zoning administrator.
iv.
Wireless facilities, except small wireless facilities, may be mounted on vertical elements in the public right-of-way, at the city's sole and absolute discretion, subject to city council approval of a license or lease agreement.
(B)
Each small wireless facility located on existing or planned street light poles or traffic signals shall be subject to the city's small cell wireless terms and conditions, wireless provider master license for use of right-of-way, and site permit. Small wireless facilities shall adhere to the city's design criteria for small wireless facilities.
(C)
Wireless facilities mounted on existing vertical elements shall not cause the height of the element to increase, except that wireless facilities mounted on electrical poles may extend up to fifteen (15) feet above the existing height of the electrical pole.
(D)
Wireless facilities mounted on existing elements shall utilize the smallest antenna and array sizes technically and reasonably feasible.
(E)
The maximum increase in pole diameter from the existing pole by the replacement pole is fifty (50) percent.
(F)
To the extent possible, all visible components of a wireless facilities shall be finished or painted to match the existing vertical element, to minimize visual obtrusiveness, and shall not be illuminated unless otherwise required by state or federal regulations.
(G)
Wireless facilities located on power poles less than 69kV shall lose their right to operate and all components shall be removed when power lines are undergrounded as required of development projects occurring on properties abutting the wireless facility. This provision shall apply only to wireless facilities installed after June 18, 2009.
(c)
Transmitting towers (excluding wireless facilities).
(1)
Transmitting towers are allowed only in the CP and A-1 Districts subject to a conditional use permit. City-owned and operated transmitting towers are allowed in all zoning districts and shall be exempt from these requirements.
(2)
Any pole or tower exceeding thirty-five (35) feet shall be located at least one (1) foot from all property lines for every one (1) foot of the transmitting tower's height above finished grade.
(a)
Purpose. The purpose of this section 28-139 is to provide minimum standards for the organization and layout of buildings, parking areas, and building design of commercial and industrial uses so as to promote the general health, welfare and safety of residents in the community. The standards set forth herein are recognized as assisting in promoting logical development and strengthening property values.
(b)
Applicability. The standards outlined in this section 28-139 shall apply to the following buildings and uses in all commercial and employment districts:
(1)
All buildings and uses of land constructed or developed after March 21, 2008.
(2)
Existing properties when a change in the distinguishing characteristics or primary features of the use of a building or land occurs after March 21, 2008. Such changes may include an increase in the size of a building or use, or remodeling of an existing building. The criteria used to establish applicability may include, but are not limited to, an increase in parking requirements, a change in occupancy designation, a change in outside storage or other similar changes to the building or land.
(c)
General site design requirements.
(1)
Site design shall conform to the site design components in the applicable design manual.
(2)
Commercial equipment, including, but not limited to, water sales kiosks, vending machines and ice machines, shall be located inside an enclosed building. Equipment that must be located outside for safety reasons, such as propane tank racks, shall be placed in an area designed for their use and screened from street view to the extent allowed by the fire department. ATMs may be located outside.
(3)
Outside display of cars, boats, trailers, trucks and other vehicles in conjunction with vehicle sales or rental operations shall not be required to screen vehicles with parking lot screen walls; provided, however that other landscaping requirements shall apply.
(4)
Dismantling, servicing, repairing, etc. of vehicles and/or equipment shall occur only within completely enclosed buildings.
(5)
Service bays for automobile-related uses, including car wash bays, shall not face residential properties or public streets unless entirely screened in a method acceptable to the zoning administrator or authorized designee.
(6)
Loading docks, delivery and service areas shall not front onto a public street unless entirely screened in a method acceptable to the zoning administrator or authorized designee. In A-1 zones, service bays must be screened only from arterial streets.
(7)
Where permitted, the outside storage of materials, equipment, inoperable vehicles, or other items within an enclosed area shall be located so as not be visible from adjoining streets or properties.
(d)
General building design.
(1)
Building architecture is expected to conform to the building design components in the applicable design manual.
(2)
Buildings shall be sited and designed to achieve an optimum level of energy efficiency with regard to solar orientation.
(3)
Mechanical equipment including roof ladders, whether ground level or roof-mounted, shall be screened from public view and be so located to be perceived as an integral part of the building.
(4)
Exterior electrical wall equipment, including but not limited to, service entrance sections, electrical access panels, and electrical cabinets, shall be located in the rear or side of the building and be fully enclosed or in a recessed area of the building so not to project past the exterior façade.
(5)
All sides of a building shall receive consistent architectural treatment.
(6)
All buildings located within a unified, planned development, such as a shopping center or business park, shall be architecturally styled to achieve harmony and continuity of design. Building elevations shall be coordinated with regard to color, texture, materials, finishes and form.
(7)
Pedestrian-oriented site design is required.
(8)
Buildings with metal or steel exteriors shall be architecturally altered through the construction of veneers, facades or other architectural treatments to minimize the extent of metal surfaces visible.
(9)
All downspouts shall be internalized or architecturally integrated into the design of a building.
(e)
Arterial intersection development. The intersections of arterial streets are a dominant feature of the urban landscape, serving as major focal points of activity in the community. Because of the importance of these locations, additional design requirements, beyond the required minimum standards, may be imposed on property at arterial intersections by the city at the time of rezoning and/or site plan approval. Such additional features may include:
(1)
Wider setbacks.
(2)
Unique building orientation and design.
(3)
Special entry features such as fountains, land art or public art.
(4)
Enhanced walls, landscaping and other types of screening devices.
(5)
Unique building architecture.
(Ord. No. 2055-0823, § 18, 8-21-23)
SUPPLEMENTARY REGULATIONS
The purpose of the regulations set forth in this section is to supplement the zoning regulations appearing elsewhere in this zoning ordinance. Unless specifically set forth herein or elsewhere in this zoning ordinance, the following general regulations shall apply to all property within the corporate limits of the city.
(a)
No person, firm or corporation shall strip, excavate or otherwise remove topsoil, rock, sand, gravel or other natural earth materials for use on another premises, except in connection with the construction or alteration of a structure on such premises and excavation or grading incidental thereto, or as part of an approved sand and gravel extraction or mining facility.
(b)
Every dwelling shall be located and maintained on a "lot" as defined in article 1 of this Zoning Ordinance.
(c)
No land required to meet the width, depth, yard, area, coverage, parking or other requirements of this ordinance for a lot or building may be sold or leased away from such lot or building.
(d)
No parcel of land may be subdivided from a larger parcel of land unless the resulting parcels all meet the minimum width and area requirements for the zone in which they are located.
(e)
No residentially zoned lot shall be divided in such a way that the division results in a lot that contains more dwelling units than are permitted by the zoning regulations of the district in which such lot is located.
(f)
Every part of a required yard shall be open to the sky and unobstructed, with the following exceptions:
(1)
Front and rear yards.
(A)
Accessory buildings in the rear yard of a single-family residence shall be allowed according to the requirements of section 28-133 below.
(B)
The ordinary projections of eaves, skylights, window sills, belt courses, cornices, chimneys, flues, balconies, and other ornamental features may project into a required front or rear yard not more than five (5) feet.
(C)
Bay windows, including their cornices and eaves, may project into a required front or rear yard not more than three (3) feet; provided, however, that the sum of such projections on any wall does not exceed one-third (⅓) the length of said wall.
(2)
Side yards.
(A)
The ordinary projections of eaves, skylights, window sills, belt courses, cornices, chimneys, flues, balconies and other ornamental features may project into a required side yard not more than three (3) feet.
(B)
Bay windows, including their cornices and eaves, may project into a required side yard not more than three (3) feet; provided, however, that the sum of such projections on any wall does not exceed one-third (⅓) the length of said wall.
(C)
In no instance shall any projection into a required side yards be allowed if said projection is determined to interfere with vehicular access to a garage located in the rear yard.
(D)
A minimum clearance of five (5) feet shall be maintained on the gated side of lots separated by party walls. In no instance shall any projection be allowed within that required clearance.
(g)
Any enclosed porch or patio cover, or one capable of being enclosed shall be considered a part of the main building in the determination of the size of yard or lot coverage.
(h)
A mobile home, recreational vehicle, or similar vehicle shall not be considered a dwelling unit, nor occupied as such, unless located in a recreational vehicle or mobile home park or as part of an authorized seasonal sales permit.
(i)
A mobile home, recreational vehicle, or similar vehicle shall be prohibited as a facility for any non-residential use permitted in this ordinance, except for any of the following:
(1)
Use as a construction trailer and/or construction office while construction is on-going on a site pursuant to a valid building permit.
(2)
Use as a sales office for a Single-Family Residential development prior to completion of a model home complex.
(3)
Use as a hiring, leasing, or training office for a commercial or industrial development prior to completion of the building or tenant space that the office is serving.
(4)
Use as a sales office in conjunction with an approved seasonal sales permit.
(5)
Use as a temporary clubhouse for a golf course while construction of a permanent clubhouse is on-going pursuant to a valid building permit.
(6)
Use in conjunction with any special event approved by the city clerk's department.
(j)
Garage/yard sales in excess of sixty (60) consecutive hours or in excess of four (4) times per year are prohibited.
(k)
No obstruction to view in excess of two (2) feet in height shall be placed in any sight visibility triangle or within sight distance lines (as defined and measured in the City of Avondale General Engineering Requirements Manual) except for the following:
(1)
Trees, if the lowest portion of the canopy is pruned to a minimum height of seven (7) feet above grade.
(2)
Official signs, signals, devices and other equipment used for governmental purposes by the State of Arizona, the City of Avondale, or other authorized public entity with specific authorization to locate equipment at that location.
(l)
Mechanical equipment, including, but not limited to, heating/cooling equipment, pool pumps, electrical equipment and motors directly related to the primary use of the property, shall be restricted from use in the front yard.
(m)
Within residential zones, no preheat, tempering or holding water tanks shall be located on the roof or side the structure. Heating/air conditioning units shall be ground mounted on a concrete pad. All wiring and piping for solar water heaters and air conditioning units shall be installed as to not be visible from neighboring properties or the street.
(n)
Mobile food vendors are prohibited from operating on property zoned for residential use and within two-hundred and fifty (250) feet of a property zoned for residential use, except with a City approved special event permit.
In all Single-family residential districts, detached accessory buildings shall conform to the following restrictions concerning their locations on a lot.
(a)
Detached accessory buildings shall not be permitted within a front yard, as defined in article 1 of this Zoning Ordinance.
(b)
Any detached accessory building not located in the rear one-half (½) of a lot shall maintain such yards as are required for a dwelling unit on the same lot except for an accessory dwelling unit (ADU) per section 28-33.
(c)
Detached accessory buildings placed in the rear one-half (½) of a lot may encroach into the required rear and side yard setbacks subject to the following conditions, except as otherwise provided for ADUS per section 28-33:
(1)
On a through lot, an accessory building shall not be located closer to the rear property line than the distance required for front yard setback.
(2)
On a corner lot contiguous to a key lot, no detached accessory building shall be erected or altered so as to come closer to a street side of the corner lot than the front yard required on the key lot. In no instance, however, shall a setback greater than twenty-five (25) feet be required.
(3)
On any other corner lot, an accessory building shall not be located closer than ten (10) feet from the property line.
(4)
On a lot in the AG District, an accessory building shall not be located closer than twenty (20) feet to rear and side property lines.
(5)
Where permitted, guest houses shall adhere to the primary building setbacks for the zoning district in which the guest house is to be located.
(d)
In all zoning districts except for Single-Family Residential Districts, covered parking canopies may be located within required side and rear setbacks unless a landscape buffer is required by article 12 of this ordinance.
(e)
No building that is accessory to any residential building shall be erected to a height greater than fifteen (15) feet, except for an ADU per section 28-33 and on a residential lot in the AG District, a shelter for the keeping of animals, silos or other similar structures customarily used in association with an agricultural use may be erected to the maximum height allowable for the main building in that district.
(f)
All accessory buildings shall count towards the maximum allowable lot coverage on a given lot.
(Ord. No. 2027-0924, § 4, 9-9-24; Ord. No. 2032-1124, § 4, 11-18-24)
(a)
Attached church spires, crosses and other religious symbols, belfries, cupolas, flagpoles, clock towers, domes or similar features may extend above the roof no more than the height of that building. Detached features shall be no greater than twice the height of the highest building on site.
(b)
Chimneys, bulkheads, penthouses not for human occupancy, ventilators, skylights, water tanks, and other similar mechanical equipment shall be limited to fifteen (15) feet above the building height limit and shall be fully screened or integrated into the building architecture.
(c)
Parapet walls or cornices may extend to a maximum of five (5) feet above the building height limit. The height of the parapet wall or cornice shall be measured from the highest side of a sloped roof.
(d)
The height of wireless facilities or transmission towers shall be evaluated to ensure compatibility with surrounding development in accordance with the procedures set forth in section 28-138.
Seasonal sales shall be allowed subject to the conditions outlined in this subsection. All seasonal sales uses shall be conducted so as not to be detrimental to the surrounding properties and shall be subject to the standards and regulations contained herein. No permit shall be granted until adequate assurances have been provided that compliance with the provisions of the Zoning Ordinance and all other applicable City codes or regulations have been met.
(a)
General regulations for seasonal sales.
(1)
Every seasonal sales use shall require a permit granted pursuant to the procedures outlined in this section.
(2)
Upon cessation of the use or expiration of the permit, whichever occurs first, the premises will be promptly cleaned and restored to substantially the same condition existing prior to commencement of such use. The applicant shall provide, at the time of application, written authorization from the property owner specifically (a) acknowledging that the cleaning/restoration obligation is ultimately the owner's responsibility and (b) ensuring that if the applicant does not promptly clean and restore the property, the owner will complete the cleaning and restoration work.
(3)
Written authorization of the use by the owner of the property on which the use is to be located shall be required.
(4)
In no event shall a seasonal sales permit be granted for a period longer than two (2) months. Seasonal sales activities are limited to sixty (60) days a calendar year, per site. No two (2) permits shall be granted in different calendar years such that more than two (2) continuous months of operation are permitted. A permit shall only be issued for sales events occurring on consecutive dates and separate permits, with all applicable fees, will be required if events are non-consecutive. For instance, if a seasonal sales activity occurs on the first Friday of each month, separate permits would be required for each Friday.
(5)
Seasonal sales are permitted in any non-residential district.
(6)
Fireworks vendors are exempt from obtaining a seasonal sales permit during the dates specified in the Arizona Revised Status for the sale of consumer fireworks.
(b)
Permitted seasonal sales uses.
(1)
Christmas tree sales, or similar seasonal or holiday related on-site or off-site sales events.
(2)
Off-site sales of souvenirs, gifts and food incidental to a sporting event.
(3)
Any non-permanent outdoor use that is not specifically set forth in subsection 28-135(b)(1) or (2) above, including, but not limited to, carnivals, concerts and off-site commercial sales, shall be considered a special event and be subject to the application and review procedures set forth by the city clerk's department.
(c)
Application, review, and approval process. Requests for a Seasonal Sales permit shall be made on forms obtained from the City and a filing fee shall be charged and collected at the time of application submittal.
(1)
Applications shall be reviewed by the department. The request shall be administratively approved, conditionally approved, or disapproved no later than ten (10) working days from the date of submittal.
(2)
The zoning administrator or authorized designee shall notify the applicant of the decision in writing and shall state any conditions for approval or reasons for denial.
(d)
Approval criteria. In order to make a determination of approval, the zoning administrator or authorized designee shall determine that all of the following criteria have been met:
(1)
The use complies with all applicable codes and ordinances.
(2)
The nature, scope, location, and manner of the activity do not constitute a health or safety hazard to the general public.
(3)
The use does not interfere with pedestrian access ways, fire lanes, driveways, landscaped areas or traffic visibility at driveways or street intersections.
(4)
The number of parking spaces on the property is adequate to simultaneously serve any existing permanent use (if applicable) and the seasonal sales use. All parking surfaces are in compliance with the requirements set forth in section 28-163(a) below.
(5)
The sales are not between the hours of 10:00 p.m. and 7:00 a.m. local time, Avondale, Arizona.
(e)
Appeals. An appeal of the zoning administrator's decision may be made within fifteen (15) days of the said decision. The appeal shall be heard by the board of adjustment at a public meeting within thirty (30) days of the date upon which the applicant's notice to appeal is submitted.
The following regulations shall apply to all swimming pools:
(a)
Swimming pools shall be enclosed in accordance with the provisions of state law.
(b)
Swimming pools shall not be located in the required front yard of any district.
(c)
In any Suburban Residential and Urban Residential District (as set forth in article 3 of this zoning ordinance) private swimming pools shall not be any closer than three (3) feet to any property line and may not be located within any recorded easement except with a written approval of the easement holder, which approval shall be recorded with the Maricopa County Recorder's Office.
(d)
In any residential district other than Suburban Residential and Urban Residential as set forth above, a private swimming pool or a semi-public swimming pool shall not be closer than seven (7) feet to any property line and may not be located within any recorded easement except with a written approval of the easement holder, which approval shall be recorded with the Maricopa County Recorder's Office.
(e)
Public swimming pools shall adhere to building setback requirements for the zoning district in which the pool is located.
(f)
The provisions of this section 28-136 shall apply to all permanent or non-permanent pools containing water with a depth of more than eighteen (18) inches. Decorative water features and fountains containing a water depth of eighteen (18) inches or less are exempt from the requirements of this section.
(a)
Purpose. These regulations are intended to establish procedures and standards that ensure minimal light trespass, reduce glare, and increase energy conservation in order to maintain the quality of Avondale's physical and aesthetic character as well as protect naturally dark skies for astronomical purposes. For the purposes of this Section, "visible from contiguous real property" means any light levels that exceed 1-foot candle at the property line.
(b)
Applicability. These regulations shall apply to all new outdoor lighting installed after June 4, 2002 for the following uses, excluding public streetlights:
(1)
Buildings and structures.
(2)
Outdoor recreational areas, unless specifically exempted by this ordinance.
(3)
Parking lot lighting.
(4)
Landscape lighting.
(5)
Other outdoor lighting.
(c)
Permanent lighting standards.
(1)
Small-scale recreational lighting. The following standards apply to the lighting of all outdoor recreational facilities except baseball, softball, soccer, volleyball or football fields; driving ranges; and outdoor arenas and amphitheaters:
(A)
The height of any light fixture or illumination source shall not exceed twenty-five (25) feet.
(B)
All lighting or illumination units or sources shall be fully shielded so that they are not visible from any contiguous lot or real property.
(C)
Lights or illuminating units shall not cause light to be cast upon any contiguous real property, either directly or through a reflecting device.
(2)
Large-scale recreational lighting. The following standards apply to the lighting of all outdoor recreational facilities, including those facility types exempted from the requirements above:
(A)
All metal halide lamps shall be filtered by glass, acrylic or translucent enclosures.
(B)
No lighting of one hundred fifty (150) watts or greater shall be used after 11:00 p.m. contiguous to any residential district or use.
(C)
Shields shall be provided to control external glare and minimize up-light and off-site light trespass so that light levels do not exceed one (1) foot candle at the property line contiguous to residential districts or uses.
(D)
Lighting for special events after 11:00 p.m. shall be permitted pursuant to the terms of the special event approval from the city clerk's department for areas contiguous to any residential district or use.
(3)
Sign lighting. External lighting of the face of signs, where permitted, shall be placed above the sign and shielded in a manner that the illumination source is not be visible from any contiguous lot or real property. All signage shall be constructed in conformance with article 9 of this zoning ordinance.
(4)
Security, landscape, parking area, architectural, decorative, and other permanent lighting.
(A)
All outdoor lights, except for small scale recreational lighting and large scale recreational lighting (as set forth in subsections 28-137(c)(1) and (2) above) shall be fully shielded and directed downward at an angle no greater than forty-five (45) degrees above straight down, with the following exceptions:
i.
Lighting for residential uses with an initial output of less than one thousand (1,000) lumens.
ii.
Decorative, landscape and architectural accent lighting, mounted no higher than eight (8) feet off the ground with an initial output of less than two thousand (2,000) lumens.
iii.
Pedestrian and trail lighting, mounted no higher than eight (8) feet off the ground with an initial output of less than two thousand (2,000) lumens.
iv.
Low-wattage string lights, such as festoon lights.
(B)
Lights or illuminating units shall not cause light to be cast upon, or be visible from, any contiguous real property, either directly or through a reflecting device.
(C)
The top of building mounted light fixtures shall not be higher than the top of the parapet or roof, whichever is higher.
(D)
Any pole-mounted lighting shall have a maximum height of twenty-five (25) feet. In or within seventy-five (75) feet of any residential zoning district, any pole-mounted lighting shall not exceed sixteen (16) feet in height. Pole mounted lighting for multi-use trails and other pedestrian oriented spaces shall not exceed twelve (12) feet in height.
(E)
LED luminaires shall be utilized for all parking lot lighting on new development sites. Conversion to LED luminaires from other lighting types shall be supported on existing development sites if either (i) all parking lot lighting on an entire development site is replaced with LED luminaires, or (ii) the LED luminaire design closely resembles the appearance of the non-LED luminaires to remain on portions of a development site. Within parking lots, a uniformity ratio of not greater than five (5) to one (1) average-to-minimums is required.
(F)
Within parking lots, a uniformity ratio of not greater than five (5) to one (1) average-to-minimums is required.
(G)
The installation of mercury vapor fixtures is prohibited.
(d)
Submittals required. All development and re-development projects shall submit an outdoor lighting plan for the entire site specifying how the standards of this section 28-137 are to be met. Submittals shall include a site plan indicating the locations and types of all fixtures on site, luminaire specifications, and a photometric plan indicating light levels across a property (measured in foot candles).
(e)
Temporary lighting.
(1)
The temporary operation of searchlights shall be allowed subject to approval of a seasonal sales permit and to the following conditions:
(A)
During the months of May through October, searchlights shall not be operated between the hours of 11:00 p.m. and 6:00 a.m. local time, Avondale, Arizona.
(B)
During the months of November through April, searchlights shall not be operated between the hours of 10:00 p.m. and 7:00 a.m. local time, Avondale, Arizona.
(C)
Searchlights shall not be operated on residentially zoned properties except for grand openings of new developments.
(D)
All searchlights shall be pointed skyward such that no direct light therefrom shall shine upon any building or structure.
(2)
The use of temporary lighting for non-residential uses is permitted pursuant to the terms of the special event approval from the city clerk's department. This shall not apply to seasonal decorations using low-wattage lamps (e.g. Holiday lights).
(f)
Nonstandard lighting. Any lighting that does not meet the standards of this Section 28-137 shall require approval of a conditional use permit, which may be approved or denied by the city council in its sole discretion.
(a)
General requirements.
(1)
The site of a wireless facility or a transmitting tower must provide access that is paved or surfaced with permeable paving and at least one (1) parking space designed to applicable City standards which parking space may be incorporated as part of the maneuvering areas and access drives. This requirement can be waived by the zoning administrator when hard surfaced adjacent or nearby parking already exists, or when the zoning administrator concludes that the goals of the city are better served by modifying the parking requirement.
(2)
Applicants shall be responsible for registering all qualifying wireless facilities or transmitting towers with the Federal Aviation Administration (FAA) and Federal Communications Commission (FCC).
(3)
Signs warning against trespassing and climbing support structures shall be posted near all scalable Wireless Facilities and Transmitting Towers located outside of secured areas. Step pegs shall not be placed lower than fifteen (15) feet from grade.
(4)
If a wireless facility or transmitting tower ceases operation, the wireless facility/transmitting tower and related equipment shall be removed by the provider or the provider's representative within six (6) months of the shutdown date.
(5)
Associated ground equipment shall be completely screened by dense landscaping and either (a) a masonry enclosure that meets the requirements of article 12 of this zoning ordinance or (b) a decorative cabinet as approved by the zoning administrator. Equipment enclosures/cabinets which exceed four (4) feet in height shall not be located within the required building setback area for the zoning district in which the facility is located. Setback and screening requirements may be waived by the zoning administrator in instances where ground equipment is placed inside an existing, walled electrical substation or similar facility which encroaches into a required setback. In no instance shall ground equipment be located within the public right-of-way.
(6)
To the extent possible and in addition to any specific requirements set forth in subsections 28-138(b) and (c) below, all components of a wireless facility or transmitting tower shall be finished or painted so as to minimize the visual obtrusiveness of the structure and shall not be illuminated unless otherwise required by state or federal regulations. Arrays and associated cables shall be painted to match the wireless facility or transmitting tower to reduce visual impact.
(b)
Wireless facilities.
(1)
Freestanding wireless facilities.
(A)
Freestanding monopole wireless facilities are permitted in all zoning districts subject to administrative site plan approval.
(B)
No new lattice wireless facilities or guyed wireless facilities shall be permitted.
(C)
No wireless facilities are allowed in the public right-of-way, except for small wireless facilities permitted according to subsection 28-138(b)(3)(B) below.
(D)
Prior to approval, the applicant must demonstrate an inability, or technical rationale, for not co-locating the wireless facilities on an existing vertical element and other available sites. The applicant must provide the following information for city review:
i.
A comprehensive list of all existing vertical elements of within a one-half (½) mile radius of the proposed site which are: (a) of sufficient height to be used for wireless facility co-location and (b) eligible for co-location under City requirements.
ii.
A written narrative statement explaining why co-location on the existing vertical elements identified according to subsection 28-138(b)(1)(D)i. above was not pursued, or is not a viable alternative to the proposed site.
iii.
Map exhibits displaying: (a) the existing gap in signal coverage the new wireless facility will remediate and, (b) the projected signal coverage of the new wireless facility.
iv.
A written statement listing property owners consulted with for locating the wireless facility and the reasoning an alternate site was not chosen.
(E)
Freestanding monopole wireless facilities shall be set back from all non-residential property lines a minimum distance of one (1) foot for each one (1) foot of the monopole wireless facilities height above finished grade except that freestanding monopole wireless facilities located within electrical substations, receiving stations, or government facilities shall be exempt from setback requirements.
(F)
Freestanding monopole wireless facilities shall be setback six hundred (600) feet from the property lines of any residential zoned property, residential use, and/or property with a residential General Plan designation.
(G)
The maximum height for freestanding monopole wireless facilities shall be sixty-five (65) feet to top of palm fronds and branches for monopalms and monopines.
(H)
Freestanding monopole wireless facilities shall be alternative structure designs, (otherwise referred to as "stealth designs") in character with the surrounding area (i.e., a flagpole at a public building, a monopalm in an area with mature palm trees, a monopine in an area with mature evergreen trees, a spire or steeple at a religious institution, an architectural tower element associated with a building, or a monocactus in an area with other, mature saguaro cacti); provided, however, that a monopole design may be permitted without alternative structure designs, if the applicant provides the zoning administrator with such information as necessary to determine that the wireless facilities will only be visible from permanently unoccupied areas or that the character of the proposed tower will blend in with the surrounding area (i.e. within the confines of an electrical substation containing other structures of similar height).
(2)
Structure-mounted wireless facilities.
(A)
Wireless facilities mounted on buildings are permitted in all zoning Districts subject to administrative approval.
(B)
Wireless facilities mounted on buildings shall be alternative structures integrated into the design of the building as an integral architectural element or roof mounted and completely screened by the height of the parapet. All wireless communications equipment, including associated ground equipment, shall be completely concealed from view.
(C)
Architectural features used to conceal wireless facilities mounted on buildings shall not extend above the roof more than twice the height of the building. For example, a building with a height of thirty (30) feet may incorporate a wireless facility within a thirty (30) foot bell tower (for a total height from finished grade of sixty (60) feet) if all other conditions of this zoning ordinance are met.
(3)
Location of wireless facilities on existing or planned vertical elements.
(A)
Wireless facilities may be mounted on the following existing or planned vertical elements subject to administrative approval:
i.
Utility provider electrical poles.
ii.
Athletic field light towers.
iii.
Other existing or planned vertical elements on which the mounting of antennas will not significantly alter the function and character of the structure as determined by the zoning administrator.
iv.
Wireless facilities, except small wireless facilities, may be mounted on vertical elements in the public right-of-way, at the city's sole and absolute discretion, subject to city council approval of a license or lease agreement.
(B)
Each small wireless facility located on existing or planned street light poles or traffic signals shall be subject to the city's small cell wireless terms and conditions, wireless provider master license for use of right-of-way, and site permit. Small wireless facilities shall adhere to the city's design criteria for small wireless facilities.
(C)
Wireless facilities mounted on existing vertical elements shall not cause the height of the element to increase, except that wireless facilities mounted on electrical poles may extend up to fifteen (15) feet above the existing height of the electrical pole.
(D)
Wireless facilities mounted on existing elements shall utilize the smallest antenna and array sizes technically and reasonably feasible.
(E)
The maximum increase in pole diameter from the existing pole by the replacement pole is fifty (50) percent.
(F)
To the extent possible, all visible components of a wireless facilities shall be finished or painted to match the existing vertical element, to minimize visual obtrusiveness, and shall not be illuminated unless otherwise required by state or federal regulations.
(G)
Wireless facilities located on power poles less than 69kV shall lose their right to operate and all components shall be removed when power lines are undergrounded as required of development projects occurring on properties abutting the wireless facility. This provision shall apply only to wireless facilities installed after June 18, 2009.
(c)
Transmitting towers (excluding wireless facilities).
(1)
Transmitting towers are allowed only in the CP and A-1 Districts subject to a conditional use permit. City-owned and operated transmitting towers are allowed in all zoning districts and shall be exempt from these requirements.
(2)
Any pole or tower exceeding thirty-five (35) feet shall be located at least one (1) foot from all property lines for every one (1) foot of the transmitting tower's height above finished grade.
(a)
Purpose. The purpose of this section 28-139 is to provide minimum standards for the organization and layout of buildings, parking areas, and building design of commercial and industrial uses so as to promote the general health, welfare and safety of residents in the community. The standards set forth herein are recognized as assisting in promoting logical development and strengthening property values.
(b)
Applicability. The standards outlined in this section 28-139 shall apply to the following buildings and uses in all commercial and employment districts:
(1)
All buildings and uses of land constructed or developed after March 21, 2008.
(2)
Existing properties when a change in the distinguishing characteristics or primary features of the use of a building or land occurs after March 21, 2008. Such changes may include an increase in the size of a building or use, or remodeling of an existing building. The criteria used to establish applicability may include, but are not limited to, an increase in parking requirements, a change in occupancy designation, a change in outside storage or other similar changes to the building or land.
(c)
General site design requirements.
(1)
Site design shall conform to the site design components in the applicable design manual.
(2)
Commercial equipment, including, but not limited to, water sales kiosks, vending machines and ice machines, shall be located inside an enclosed building. Equipment that must be located outside for safety reasons, such as propane tank racks, shall be placed in an area designed for their use and screened from street view to the extent allowed by the fire department. ATMs may be located outside.
(3)
Outside display of cars, boats, trailers, trucks and other vehicles in conjunction with vehicle sales or rental operations shall not be required to screen vehicles with parking lot screen walls; provided, however that other landscaping requirements shall apply.
(4)
Dismantling, servicing, repairing, etc. of vehicles and/or equipment shall occur only within completely enclosed buildings.
(5)
Service bays for automobile-related uses, including car wash bays, shall not face residential properties or public streets unless entirely screened in a method acceptable to the zoning administrator or authorized designee.
(6)
Loading docks, delivery and service areas shall not front onto a public street unless entirely screened in a method acceptable to the zoning administrator or authorized designee. In A-1 zones, service bays must be screened only from arterial streets.
(7)
Where permitted, the outside storage of materials, equipment, inoperable vehicles, or other items within an enclosed area shall be located so as not be visible from adjoining streets or properties.
(d)
General building design.
(1)
Building architecture is expected to conform to the building design components in the applicable design manual.
(2)
Buildings shall be sited and designed to achieve an optimum level of energy efficiency with regard to solar orientation.
(3)
Mechanical equipment including roof ladders, whether ground level or roof-mounted, shall be screened from public view and be so located to be perceived as an integral part of the building.
(4)
Exterior electrical wall equipment, including but not limited to, service entrance sections, electrical access panels, and electrical cabinets, shall be located in the rear or side of the building and be fully enclosed or in a recessed area of the building so not to project past the exterior façade.
(5)
All sides of a building shall receive consistent architectural treatment.
(6)
All buildings located within a unified, planned development, such as a shopping center or business park, shall be architecturally styled to achieve harmony and continuity of design. Building elevations shall be coordinated with regard to color, texture, materials, finishes and form.
(7)
Pedestrian-oriented site design is required.
(8)
Buildings with metal or steel exteriors shall be architecturally altered through the construction of veneers, facades or other architectural treatments to minimize the extent of metal surfaces visible.
(9)
All downspouts shall be internalized or architecturally integrated into the design of a building.
(e)
Arterial intersection development. The intersections of arterial streets are a dominant feature of the urban landscape, serving as major focal points of activity in the community. Because of the importance of these locations, additional design requirements, beyond the required minimum standards, may be imposed on property at arterial intersections by the city at the time of rezoning and/or site plan approval. Such additional features may include:
(1)
Wider setbacks.
(2)
Unique building orientation and design.
(3)
Special entry features such as fountains, land art or public art.
(4)
Enhanced walls, landscaping and other types of screening devices.
(5)
Unique building architecture.
(Ord. No. 2055-0823, § 18, 8-21-23)