The regulations set forth in this Article supplement the Zoning regulations appearing elsewhere in this Ordinance.

   (1)   Accessory buildings shall not be constructed upon a lot until after the construction of the principal building has begun.

   (2)   Accessory buildings in Single-Family Residential zoning districts shall not be rented or leased for any purpose.

   (3)   The cumulative square footage of the guest house shall not exceed one-third (1/3) of the total square footage of the livable area of the principal structure.

   (4)   No more than one (1) guest house is permitted per lot or parcel.

   (5)   An accessory building shall not be used or occupied until the certificate of occupancy for the principal building has been issued by the Building Official.

   (6)   Both the principal building and guest house shall be served by a common single electric meter and water meter (if applicable).

   (7)   Principal buildings and accessory structures shall be served by a single common driveway unless approved by the Zoning Administrator.

   (8)   Design of accessory buildings shall be compatible with the design of the principal dwelling in materials, colors and architectural style.

   (1)   In Single-Family Residential zoning districts only one (1) principal building may be located on each parcel or lot.

   (2)   In Multiple-Family Residential or Commercial zoning districts more than one (1) principal building may be located on a parcel or lot, provided a site plan showing all improvements has been approved by the Development Review Board.

   (1)   Any required yard (building setback) around any building shall not be used as the required yard (building setback) for any other building.

   (1)   No solar collector shall be permitted on a vacant lot.

   (2)   When any solar collector is located on the ground or on a ground mounted structure, the solar collector:

      (A)   Shall not exceed six (6) feet in height above natural grade at the location of the structure or solar collector,

      (B)   Shall be screened from view by walls, fences, mature landscaping, or natural terrain, and

      (C)   Shall not be located in a front yard or in any required yard (building setback).

   (3)   Roof mounted solar collectors must be at the same slope or parallel to the sloped roof unless otherwise approved by the Development Review Board. Solar collectors mounted to a flat roof shall be screened behind a parapet so as not to be visible from any adjoining lot at the same or lower elevation than the lot on which the solar collector is located.

   (1)   The site plan for the construction of all new principal buildings shall include the location for the storage of refuse containers.

   (2)   All refuse containers shall be screened from view of all public streets and neighboring properties except on the day of garbage collection.

   (1)   All ground mounted mechanical equipment shall be screened by walls, mature landscaping, or natural terrain so as not to be visible from any neighboring property at the same or lower elevation.

   (2)   All roof mounted mechanical equipment shall be screened so as not to be visible from any neighboring property at the same or lower elevation.

   (3)   All screen walls shall be of solid and permanent construction and shall appear to be an integral part of the building to which they are attached.

   (1)   The height of a retaining wall shall be measured from the outside finished grade (facing the property line) to the top of the wall. Open rail or wrought iron fencing placed on top of a retaining wall is allowed up to a height of three (3) feet in a required yard (building setback) and six (6) feet in height in the buildable area on the lot or parcel. The additional height of an open rail fence is not included in the height measurement of the retaining wall. The height of an open rail fence is measured from inside finished grade to the top of the rail. (Ord. #2007-05)

   (2)   Retaining walls within the required yard (building setback) shall not exceed four and one-half (4-1/2) feet in height from outside finished grade. Any retaining wall, which outside (facing the property line) finished grade is higher than the inside finished grade and is located within the required front yard setback shall have an exterior finish of either split face block, natural stone and/or stone veneer. Any exterior lights placed on the wall within the required front yard setback shall consist of down lights. Light fixtures placed on top of a retaining wall within the required front yard are prohibited. (Ord. #2007-05)

   (3)   In the buildable area the maximum height of a retaining wall or a combination of retaining walls shall not exceed seven (7) feet in height from finished grade unless a greater height is approved by the Development Review Board. Any combination of retaining walls requiring Board approval shall contain split face block, natural stone and/or stone veneer applied along the entire outside (towards the property line) frontage. (Ord. #2007-05)

   (4)   Retaining walls shall be terraced if the wall height exceeds five (5) feet from finished grade. Additionally, the upper retaining wall shall not exceed four (4) feet in height and there shall be a minimum of four (4) feet of level ground between the walls. This area between the walls shall be landscaped with drought tolerant plant materials to help mask the upper section of the wall. (Ord. #2007-05)

   (1)   The height of all fences and free-standing walls shall be measured from outside finished grade to the top of the wall and:

      (A)   Fill shall not be added for the purpose of elevating the fence or free-standing wall.

      (B)   Open railings on top of free-standing walls are included in the height measurements of all freestanding walls.

   (2)   A masonry or solid wall, living fence, hedge, column or driveway gate, or other structure with a maximum height of four and one half (4.5) feet shall not extend more than halfway into any one required side and/or required rear yard setback. If a masonry or solid wall acts as a swimming pool barrier and encroaches within a required side yard and/or required rear yard setback, such enclosure may be built up to five (5) feet in height measured from outside finished grade. Masonry or solid walls, living fences, hedges, columns or driveway gates, or other structures shall not be placed within the required front yard building setback. (Ord. #2007-05)

      (A)   Natural features such as steep terrain, boulder outcroppings, or washes shall be preserved in their natural condition. (Ord. #2007-05)

      (B)   All areas enclosed by the subject wall or other structures in the nature of a wall shall be included within the disturbed area calculations. (Ord. #2007-05)

      (C)   Walls establishing the perimeter of a corral used in the keeping of horses or other equines shall be placed a minimum of one hundred (100) feet from any lot line. (Ord. #2007-05)

      (D)   Any masonry wall, solid wall, or other structure in the nature of a wall encroaching within any required side or required rear yard shall undulate on a horizontal plane (curvilinear). (Ord. #2007-05)

      (E)   Any masonry wall, solid wall, or other structure in the nature of a wall encroaching within any required side or required rear yard shall provide breaks (openings designed for the 100-year storm event) for washes and significant wildlife corridors. (Ord. #2007-05)

   (3)   A maximum four and one-half (4.5) foot high open fence may extend no more than halfway into any required side yard and/or required rear yard but shall not be placed within the required front yard. If the open fence acts as a swimming pool barrier and encroaches within a required side and/or required rear yard, such enclosure may be built up to five (5) feet in height measured from outside finished grade. (Ord. #2007-05)

      (A)   Chain link, barb wire, razor wire, and wood plank fencing are prohibited.

      (B)   Breaks within the fence shall be provided for washes and significant wildlife corridors.

      (C)   Fences establishing the perimeter of a corral used in the keeping of horses or other equines shall be placed a minimum of one hundred (100) feet from any lot line.

   (4)   Fences or walls located in the buildable area shall not exceed a height of six (6) feet from finished grade.

      (A)   Chain link, barb wire, razor wire, and wood plank fencing are prohibited.

      (B)   Gates and entry features located in the buildable area in association with courtyards shall not exceed a height from finished grade of ten (10) feet.

      (C)   Breaks within the fence or wall shall be provided for washes and significant wildlife corridors.

   (5)   Pool enclosures shall meet the following requirements:

      (A)   No pool enclosure (fence or solid masonry wall) shall be located more than fifty (50) percent (halfway) into any side or rear required yard (building setback). Pool enclosures are prohibited in any required front yard (building setback).

      (B)   Pool areas shall be secured from outside access by a masonry wall, ornamental iron fence, or combination thereof not less than five (5) feet in height above finished grade measured on the side of the fence opposite the pool.

      (C)   Access to the pool area, other than through the house, shall be through a self-closing, self-latching gate not less than five (5) feet in height as measured on the side of the fence opposite the pool.

      (D)   Gate mounting and latching hardware shall be positioned on the pool side of the gate.

      (E)   Accessory equipment such as pumps, heaters, and filters shall be enclosed by a solid wall at least four and one-half (4.5) feet in height to screen sound and sight from neighboring lots.

   (6)   Private tennis court fences and walls are allowed only in the Rural-190, Rural-70, R-3 and Lodging zoning districts and shall meet the following requirements:

      (A)   Private tennis court fences are not permitted in any required yard (building setback).

      (B)   Private tennis court fences shall not exceed ten (10) feet in height.

      (C)   Above the height of six (6) feet, the fencing shall consist of an open weave and not a complete barrier that inhibits flow of air and visibility.

      (D)   Private tennis court fences shall consist of a color which blends with the natural surrounding area.

   (7)   Public utility fences or walls are exempt from the height limitations and standards of this Ordinance if necessary to comply with national, state, or local safety and security standards.

   (1)   There shall be no grading on or to any site other than percolation and test borings (100 square feet maximum in size) prior to the issuance of a Zoning Clearance and a Building Permit.

   (2)   During the construction period, the disturbed area shown on the approved site plan shall be cordoned off with a temporary chain link fence a minimum of six (6) feet in height.

      (A)   All construction sites must make all reasonable efforts to prevent or control blowing dust and debris. (Ord. #2015-02)

      (B)   In the case of site grading and other construction operations, all reasonable efforts shall be made to control blowing dust and debris onto adjacent properties. (Ord. #2015-02)

      (C)   When grading operations involve the hauling of dirt from one site to another, maintain public and/or private streets in a clean condition and limit any spillage which would generate dust or other blowing debris. (Ord. #2015-02)

      (D)   The approval of a dust prevention and control plan does not relieve the owner or contractor of the responsibility to implement whatever additional measures may be required to property prevent and control dust. (Ord. #2015-02)

   (3)   The total area of grading shall at no time exceed the maximum allowed disturbed area as set forth in the table of intensity schedule/development regulations in Article VI, Section 6.01 of this Ordinance. The following items shall be counted towards the disturbed area:

      (A)   Any area enclosed by a solid masonry wall.

      (B)   Any area disturbed by the development of a driveway and associated infrastructure.

      (C)   Any area disturbed by corrals, stables, the keeping of horses, tennis courts, sports courts, and other accessory structures.

   (4)   Grading shall not disturb or obscure significant visual or environmental features of the site including boulders, rock outcroppings, archeological sites (as defined by either the state or a professional archeologist), and/or washes that have a 100 year flow of 50 cubic feet per second or greater.

      (A)   The historical entrance and exit points and hydraulic properties of all natural drainage channels on a site shall be preserved in their natural conditions.

      (B)   Any disturbance of boulder features on slopes greater than ten (10) percent shall be supported by a geological analysis to ensure against any potential inadvertent movement of the boulders during and after construction. The Development Review Board shall approve such modifications of boulder features.

   (5)   Grading or disturbance of natural terrain for the purpose of installing a sewage disposal system shall be limited to seven (7) feet outside of the edge of the sanitary infrastructure including, but not limited to, the leaching bed or pits, tank and distribution box, and connecting lines as required by the Maricopa County Health Department.

   (6)   All utility lines shall be located underground and whenever possible within the driveway graded area. If this location is not feasible, then disturbance of natural terrain for these utility line trenches shall be confined to within four (4) feet of either side of the trenches. The restoration and revegetation plans for these disturbed areas shall be approved by the Development Review Board.

   (7)   Cut and fill slopes shall not typically exceed a slope of 3 to 1 with a maximum vertical measurement of four (4) feet. Spill slopes are prohibited.

      (A)   Where a greater height is necessary, cut and fill slopes shall be contained by retaining walls unless:

         1)   A licensed geologist determines through an analysis that the slope is stable.

         2)   The slope is treated with an aging agent to restore it to a natural appearance.

      (B)   The maximum height of a cut and/or retaining wall for a building pad shall not exceed twelve (12) feet from natural grade and the building shall screen the cut and/or retaining wall from view (see Figure 9.4).

      (C)   The quantity of fill material shall not exceed the quantity of cut material, unless otherwise approved by the Development Review Board (see Figure 9.5). All excess cut material shall be removed from the site.

      (D)   All cut and fill shall be constructed in a way to ensure they are non-erosive.

   (8)   All retention/detention basins shall consist of vertically and horizontally undulating banks with side slopes having less than a 4 to 1 ratio.

   (9)   Floodplain(s) containing a 24 hour, 100-year storm event discharge of 50 cubic feet per second or greater shall be delineated on all development plans and shall illustrate appropriate erosion setbacks.

   (1)   The paved width of the driveway at the street shall be sixteen (16) feet then diminish to twelve (12) feet unless otherwise approved by the Zoning Administrator.

   (2)   Driveways with a ten (10%) percent slope or greater shall have a paved width of fourteen (14) feet. Driveways with a fifteen (15) percent slope or greater shall have a minimum paved width as required by the Development Review Board and/or the Town’s fire service provider. The maximum slope of any driveway shall not exceed fifteen (15) percent unless otherwise approved by the Development Review Board and the Town’s fire service provider.

   (3)   The width of the disturbed area for the development of a driveway shall not exceed twenty (20) feet unless otherwise approved by the Zoning Administrator.

   (4)   A maximum one-third of the cross section width of a driveway at any point may be on fill material, and a minimum of two-thirds of the cross section width shall be on cut material or natural grade, unless otherwise approved by the Zoning Administrator. Spill slopes are prohibited.

   (5)   Driveways over one hundred fifty (150) feet in length shall be approved in writing by the Town’s fire service provider.

   (1)   Searchlights, exposed neon elements, mercury vapor, or high pressure sodium fixtures are prohibited.

   (2)   Between the hours of 10 p.m. and sunrise, tennis court lighting, sport court lighting, or any temporary lighting is prohibited.

   (3)   Motion-activated security lights (incandescent lamps with a maximum of 75 watts) that are shielded and automatically cycle off after five (5) minutes and fossil fuel fixtures are exempt from this Ordinance.

   (4)   All free-standing light fixtures shall not exceed a height of four and one-half (4.5) feet unless otherwise approved by the Development Review Board.

      (A)   In commercial zoning districts, the maximum height of parking lot lights shall not exceed sixteen (16) feet from finished grade.

      (B)   Parking lot lights that exceed four and one-half (4.5) feet in height shall be based on a photometric plan to ensure no light spillage occurs over the property line onto adjacent properties and that the parking lot is evenly lit.

   (5)   Wall mounted lighting shall not exceed a height of eight (8) feet above finished grade and shall be shielded to avoid up-lighting and concentrated hot spots (light) on the structures to which they are mounted. Security lighting may be mounted on a structure no higher than twelve (12) feet from finished grade.

   (6)   All outdoor light fixtures with a light source greater than 25 watts shall be fully shielded such that the bulb is not visible from neighboring property or public right-of-way. Those light fixtures exempt from this Ordinance are not required to comply with the shielding requirements. Recessed lights in exterior soffits, eaves, or ceilings shall have the light source (bulb) recessed so that it is not visible.

   (7)   Light illuminating a sign shall be shielded and shall not project above, below, or beyond the sign area.

   (8)   Landscape up-lighting shall not exceed twenty-five (25) watts per fixture and shall be no closer than twenty (20) feet to another landscape fixture. Landscape lighting is intended to highlight a landscape feature and shall not illuminate beyond the subject feature it is intending to highlight.

   (9)   All light fixtures lawfully erected under County zoning regulations at the effective date of incorporation, annexation, or under previous zoning regulations in effect at the time of adoption of this Ordinance, or any amendment thereof, shall be deemed legal non-conforming until such time as the light fixture is replaced.

   (1)   The following provisions apply to both residential and nonresidential zoning districts.

      (A)   No zoning clearance or building permit shall be issued until a landscape plan has been approved by the Zoning Administrator. The Zoning Administrator may waive the requirement of a landscape plan if the project does not contain any site disturbance or is deemed to be a minor modification.

      (B)   With the exception of removal of packrat nests and pruning of diseased or dead tree limbs, no area on a subject lot or parcel, other than the disturbed area (development envelope) prescribed in Article VI, Section 6.01 shall be disturbed. In order to preserve the desert character and identity of the community, only native desert vegetation shall be maintained within the required yards (building setbacks). Non native plant/tree/cacti (excluding drought tolerant and/or desert hybrid) species are prohibited in the required yards. The application of pre-emergence, grubbing, thinning or trimming of vegetation shall be limited to the disturbed area. Protected plants shall not be damaged, destroyed, or removed from any portion of a lot or parcel unless deemed not salvageable on an approved landscape plan in association with a building permit. During the site development phase, salvaged protected plants shall be placed in a designated nursery and irrigated area until site work is completed. Once site work is completed and landscaping has begun, subject plants shall be transplanted within disturbed areas or alternative areas approved by the Zoning Administrator. (Ord. #2007-05)

      (C)   If the Zoning Administrator interprets that a portion of the required yard contains a collection of decaying plant material that is susceptible to wildfires, that portion of material which presents a detriment to public health, safety and welfare shall be removed by the property owner. Additionally, vegetation within a thirty (30) foot fire suppressant buffer consistent with the Town’s fire provider requirements may be thinned and trimmed around buildings to better secure the structure from wildfires. Protected plants shall include: (Ord. #2007-05)

         1)   Yucca.

         2)   Ocotillo.

         3)   All members of the cactus family with the exception of Cholla and Prickly Pear.

         4)   Protected trees that are four (4) inches or greater in caliper measured one (1) foot above native grade.

 

      (D)   Protected plants shall not be damaged, destroyed, or removed from any portion of a lot or parcel unless deemed not salvageable on an approved landscape plan in association with a building permit. During the site development phase, salvaged protected plants shall be placed in a designated irrigated nursery area until site work is completed. Once site work is completed and landscaping has begun, subject plants shall be transplanted within the disturbed area or alternate areas of the lot approved by the Zoning Administrator.

      (E)   All lawns or turfed areas not associated with a public recreation amenity shall be completely enclosed by solid walls at least two (2) feet in height above finished grade.

      (F)   Landscaping within all street right-of-ways shall consist of local native desert species.

      (G)   All storm water retention and/or detention basins shall be landscaped with native desert and/or xeriscape plants.

      (H)   Landscaping shall not exceed twenty-four (24) inches in height for a linear distance of thirty (30) feet from a street intersection. This thirty (30) foot distance defines the sight visibility triangle.

      (I)   Highly discouraged plant species are listed in the Single-Family Design Guidelines and the Town’s Landscape Brochure.

      (J)   The property owner and/or lessee shall maintain all landscape materials and landscaped areas in accordance with an approved landscape plan. Lack of proper maintenance shall constitute a violation of this Ordinance.

      (K)   Notice of maintenance violations shall be given to the property owner and/or lessee by the Town not less than sixty (60) days prior to commencement of any legal action.

      (L)   Protected plants that are disturbed without an approved landscaped plan shall be replanted with similar size trees and/or shrubs at pre-existing densities.

      (M)   The property owner and/or lessee shall be held jointly and severally liable for violations.