Chino Valley City Zoning Code
4 GENERAL
REGULATIONS
4.2 PERMITTED USES
1. Those uses listed as “permitted uses” shall be allowed to establish within any zoning district in which they are listed, subject to the specific requirements of this Ordinance. There may be uses defined in this Ordinance that are not listed within any zoning district. Any use not specifically listed as a permitted use within a zoning district is not allowed except as otherwise provided in this Ordinance.
2. Conditional uses. Those uses listed as “conditional uses” shall require a “Conditional Use Permit” in order to establish within the zoning district in which they are listed, and shall be subject to all conditions and requirements imposed by the Commission or Council in connection with the “Conditional Use Permit.”
(Ord. 06-678, passed 11-9-2006; Ord. 2025-956, passed 9-23-2025)
4.3 NON-CONFORMING LOTS OF RECORD
1. Notwithstanding any other provisions of this Ordinance, a building may be constructed on any legal lot of record existing before the adoption of this amendment in any zone in which such buildings are permitted even though such lot fails to meet the area, width, and public street abutment requirements within the zone, providing:
a. Such construction conforms to any lot coverage and yard requirements of the zone; and
b. Any existing frontage on an access way which is part of the public use access system is dedicated to the public according to Section 4.23.
(Ord. 06-678, passed 11-9-2006)
4.4 RE-DIVIDING OF LOTS
1. No lot or parcel shall be divided to create a lot or parcel not in conformance with these regulations. No lot shall be divided or combined in any manner other than through subdivision procedures as specified by the subdivision and Land split Regulations of the Town.
2. All proposed subdivisions of land and land splits shall be submitted for review and approval, prior to transfer, sale, lease, or subdivision recordation, to the Development Services Director. Any parcel subdivision and/or land split, recorded or unrecorded with the Town, which is reviewed and considered by the Zoning Administrator to be in violation of the Town Code, subdivision and land split definitions and/or related Unified Development Ordinance regulations and/or Arizona Revised Statutes shall be submitted in written notice of evidence to the Town Attorney and/or the Arizona Department of Real Estate Commissioner for legal inquiry and determinations as provided by Section 1.6 and Section 1.8 of this Ordinance and Arizona Revised Statutes.
3. Land surveys of land parcels and lots within the Town boundaries shall comply with Arizona Revised Statutes governing the filing and recording of land surveys establishing points and property lines.
4. Owner(s) of land who desire to subdivide land, the whole or part of which is in an area within three (3) miles of the Town corporate limits, for the purpose of selling, shall first give written notice to the Town of his intention to subdivide the land. Notice shall name and describe the land so that it may be identified upon the ground, and shall submit to the Town a tentative plat of the land showing the manner in which he/she desires to subdivide the land. Such submittal shall conform to all requirements of A.R.S. § 9-474.
(Ord. 06-678, passed 11-9-2006)
4.5 YARD, LOT AND AREA REQUIREMENTS
1. Application. No building shall be erected, nor shall any existing building be altered, enlarged, moved, or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner except in conformity with the yard, lot, area, and building location regulations hereinafter designated for the zone in which such building or open space is located, except as otherwise specifically provided.
2. Yards. Except as provided herein, every part of a required yard shall be open to the sky and unobstructed. Trees, shrubbery, etc., and accessory structures as allowed in this Ordinance shall not be considered obstructions. No yard or other open space provided about any building for the purpose of complying with the provisions of these regulations shall be considered as a yard or open space for any other building; and no yard or other open space on one lot shall be considered as a yard or open space, for a building on any other lot.
3. Projections over and into required yards.
a. Awnings, open fire escape balconies, fire escape stairs, window-type refrigeration units, suspended or roof evaporative coolers, and similar features, may project not more than five (5) feet over any required yard, provided that they shall be no closer than ten (10) feet from any lot line.
b. Architectural details such as canopies, cornices, and eaves may project not more than two (2) feet over any required yard, provided that they shall be no closer than ten (10) feet from any lot line.
c. Sills, leaders, belt courses and similar ornamental features may project not more than six (6) inches over or into any required yard.
d. Awnings and canopies which are part of the gas station pump island may project into the required front yard but no closer than ten (10) feet from the property line.
4. Patios and steps. Unroofed terraces, patios, steps or similar features not over three (3) feet in height above grade, may project into any required yard, provided that they shall be no closer than ten (10) feet from any lot line.
5. Accessory buildings (attached). A private automobile garage, carport or accessory building having any part of a wall in common with a dwelling shall be considered an integral part of the main building in determining yard, lot, and area requirements.
6. Accessory buildings (detached) and swimming pools. Any detached accessory building or swimming pool in any zone shall not be located in the required front yard, shall be at least eight (8) feet from the main structure, shall be at least ten (10) feet from the rear and interior side lot lines, and shall maintain side yard setbacks from the street side lot lines as required for the main structure in that zone.
7. Solar unit and dish antennas. Solar heating, solar cooling units, satellite dish antennas, and associated apparatus notwithstanding any other provisions of this Ordinance shall not be located in any required front yard, but may be located in a required rear or side yard provided that such apparatus does not cover more than thirty (30) percent of that side yard and shall be no closer than ten (10) feet to any lot line.
8. Service station pumps. No automobile service station pump shall be located closer than twelve (12) feet to a street property line.
9. Domestic liquid petroleum gas tanks shall not be placed in required front yards or street side yards.
10. Notwithstanding other provisions of this code to the contrary, flag-shaped or panhandle lots ("flag lots") may be created by land split in any zone with a minimum required acreage of one (1) or more acres if all the following requirements are met:
a. The lot must have at least fifty (50) feet of frontage on a dedicated public street or a private street established in a final plat; and
b. The entire flagpole or panhandle ("flagpole") portion of the lot must be at least fifty (50) feet wide or, if a maximum of two (2) adjacent flagpoles share access, each flagpole must have at least twenty-five (25) feet of frontage, for a combined frontage of at least fifty (50) feet, and the lots sharing access must have a shared access agreement recorded and reflected on the land split's record of survey; and
c. Except as permitted in b. above, the minimum separation between the edges of flagpoles must equal or exceed the minimum lot width for the respective zone in which the property is located; and
d. The length of the flagpole must not exceed three hundred thirty (330) feet as measured from the right-of-way line or street chord upon which the flagpole fronts on a public street or final platted private street to the front line of the body of the lot; and
e. The flagpole portion of a flag lot must be included in calculating the gross square footage of a lot where the flagpole is contiguous to the lot in question and is or was owned by the owner of the lot in question when the Town accepted ownership of the flagpole, or a portion thereof, pursuant to a dedication the owner made to create a public street, using all or part of the flagpole and, if applicable, other property; and
f. Existing lots that would otherwise meet the definition of a flag lot but for the width or length of the flagpole used to access the lot must be considered non-conforming flag lots.
(Ord. 06-678, passed 11-9-2006; Ord. 07-683, passed 1-11-2007; Ord. 11-738, passed 1-11-2011; Ord. 2020-885, passed 9-8-2020; Ord. 2022-923, passed 10-11-2022; Ord. 2023-932, passed 4-25-2023)
4.6 BUILDING AND HEIGHT REQUIREMENTS
1. Application. No building shall be erected, reconstructed, or structurally altered to exceed in height the limit hereinafter designated for the zone in which such building is located, except as otherwise specifically provided.
2. Exceptions. Height regulations established elsewhere in this Ordinance shall not apply:
a. In any district. To church spires, belfries, cupolas, windmills, wind chargers, and domes not for human occupancy, monuments, water towers, flagpoles, and light poles, provided, however, that any structure exempted in this subsection shall be set back a minimum of one hundred (100) percent of its height from all property lines.
b. In industrial districts. To chimneys, smokestacks, derricks, conveyors, grain elevators, or similar structures wherein the industrial process involved customarily requires a height greater than otherwise permitted, provided however, that any structure exempted in this subsection shall be set back a minimum of one hundred percent (100%) of its height from all property lines.
(Ord. 06-678, passed 11-9-2006)
4.7 HEIGHT LIMITATIONS ON CORNER LOTS
Within a sight visibility triangle formed by the street front and side lot lines and a line connecting these lot lines at points measured along these lot lines a distance of twenty-five (25) feet from their intersection, no fixtures, construction, hedges, shrubbery and other planting shall obstruct the view of intersecting streets to a degree greater than fifty (50) percent visibility. In no event shall an obstruction exist which creates a hazard to passing motorists.
(Ord. 06-678, passed 11-9-2006)
4.8 WALLS AND FENCES
1. Height.
a. In a Residential or Agricultural Zoning District no wall or fence shall exceed six (6) feet in height, except that fences in required front yards shall not exceed five (5) feet in height.
b. In a commercial or industrial Zoning District no wall or fence shall exceed eight (8) feet in height. When a fence in a commercial or industrial zoning district abuts a residential zoning district, the wall or fence in the commercial or industrial zoning district shall be set back ten (10) feet from the property boundary and landscaped in accordance with the requirements set forth in Section 4.26 Landscape Requirements. The finished side of the fence and the required landscaping shall face the residentially zoned property.
2. Visibility. In no case shall a fence or wall be designed or constructed so as to interfere with visibility for traffic safety.
3. Materials and design. Fences and walls in all Zoning districts shall be constructed of wood, woven wire, masonry, iron, steel, or other materials of conventional design.
4. Electrical fences. Electrical fences shall be allowed only in those zoning districts where the keeping of livestock is allowed and shall be clearly posted on all property corners and no more than 200 feet apart on all lot lines where such fences are erected.
5. Swimming pools. Any swimming pool that is eighteen (18) inches or more in depth and eight (8) feet or more in width or diameter at any point and is intended for swimming shall be fenced or enclosed as required by and in compliance with A.R.S. § 36-1681 and the most recently adopted International Residential Code (IRC) that regulates fencing for pools, spas, and similar facilities or structures.
6. Non-conforming fences and walls. Any fence built and approved by the Town prior to December 12, 2013 and not in conformance with this section shall be considered a legal non-conforming fence and shall be subject to the regulations set forth in Section 4.2 Non-conforming Uses and structures.
(Ord. 06-678, passed 11-9-2006; Ord. 13-776, passed 11-12-2013)
4.9 OUTDOOR STORAGE
1. No travel trailer, motor home, recreational vehicle or boat stored on residentially zoned parcels or lots shall be made suitable for on-site occupancy unless permitted in the specific zoning regulation. Evidence of an on-site residency shall consist of at least three (3) of the following conditions:
a. Connection to a source of power.
b. Connection to a source of water.
c. Connection to sewer or septic system.
d. Raising or leveling by means of jacks, stands or blocks.
e. Having a mailbox.
f. Having any attached or adjacent structure or improvement, which enhances on-site livability and/or decreases the mobility of the vehicle.
g. Removal of wheels, axles or hitches on a vehicle normally fitted with wheels, axles and/or hitches. All vehicles shall be kept in reasonable repair and neatly arranged to resemble a parked position.
2. Commercial, manufacturing and industrial zone. Outdoor storage of objects and materials shall be permitted as accessory use when a primary use has been established in commercial, manufacturing and industrial zones, providing the following conditions are met:
a. All outdoor storage must be stored at least thirty-five (35) feet from the edge of the pavement or other prepared street subject to:
i. Storage may not occur within ten (10) feet from any street or property line.
ii. Any material or objects stored within the required front or street side yard shall not exceed eight (8) feet in height.
b. Flammables stored outdoors must be a minimum of ten (10) feet from any property line or such storage must be previously approved by the local fire department.
c. No travel trailer, motor home, recreational vehicle or boat stored on commercial, manufacturing or industrial zoned parcels or lots shall be made suitable for on-site occupancy unless permitted in the specific zoning regulation. Evidence of an on-site residency shall consist of at least three of the following conditions:
i. Connection to a source of power.
ii. Connection to a source of water.
iii. Connection to sewer or septic or sewer system.
iv. Raising or leveling by means of jacks, stands or blocks.
v. Having a mailbox.
vi. Having any attached or adjacent structure or improvement, which enhances on-site livability and/or decreases the mobility of the vehicle.
vii. Removal of wheels, axles or hitches on a vehicle normally fitted with wheels, axles and/or hitches.
d. All outdoor storage shall be arranged in a neat and orderly manner or screened from the view of neighboring properties.
(Ord. 06-678, passed 11-9-2006)
4.10 SPECIAL PURPOSE AND TEMPORARY HOUSING
1. Temporary construction office or security personnel housing. A temporary structure, mobile home, or trailer may be allowed in any zone to conduct business or provide housing for security personnel during the construction of a permanent building when a valid building permit is in effect; however, such temporary structures, mobile homes, or trailers shall also require an additional permit. Such structure, mobile home, or trailer shall be removed immediately after completion and occupancy of the building, but in no event longer than one year.
2. Temporary housing in cases of medical hardship. A trailer/RV may be allowed in a residential zone for a temporary specific duration when application for a special permit is obtained through the Zoning Administrator, provided:
a. Property owner or representative shall provide a letter of request, a physician’s statement verifying the existence of a medical condition which requires temporary full-time care, proof of property ownership, relationship and names of persons to occupy the temporary dwelling and a sketch plan of property showing existing home with proposed structure, access, parking and distances from property lines and other structures.
b. Permit shall be issued for a 90-day term.
c. At no time shall a permit exceed 180 days.
d. Property shall be posted for five (5) days prior to issuance of a permit to allow neighbors the opportunity to object or, in lieu of posting, applicant shall submit approvals signed by all residents within (300) three hundred feet of subject property.
e. All connections and hook-ups shall meet the health department and building ordinance requirements. A plan for septic disposal shall be submitted.
f. Trailer/RV shall be removed within 14 days after the intended purpose no longer exists or after the permit has expired.
g. Occupancy of trailer/RV shall consist of caregivers only, with no more than two (2) occupants.
h. All property setback requirements for each residential zoning district shall be complied with.
i. The Public Works Department or the Planning and Zoning Department may require additional conditions as deemed necessary to protect surrounding properties from adverse effects.
j. In the event a written protest is submitted, the applicant may appeal to the Board of Adjustment for a hearing.
3. Recovery residences.
a. Purpose. The purpose of these regulations is to permit persons recovering from substance abuse to reside in a group setting in residential neighborhoods in order to facilitate integration and stabilization and to provide reasonable regulations to maintain the residential character of neighborhoods and prevent a concentration of such facilities in any particular area so as to institutionalize that area.
b. Registration required. Prior to beginning operations, the owner or operator of a recovery residence shall submit a completed registration form to the Development Services Department on a form established by the Planning and Development Services Manager. The registration shall become effective upon verification by the Zoning Administrator that the registration complies with the requirements of the zoning code and that the recovery residence operator has obtained a Valid Town of Chino Valley business license for the recovery residence. A registration shall terminate when the recovery residence use ceases.
c. Zoning confirmation. Prior to registration, a request for zoning confirmation may be submitted to the Development Services Department to confirm that the proposed location of the recovery residence is permitted under this section.
d. Procedures. In addition to the registration form, the applicant shall submit an operations and management plan (“O&MP”) to ensure compliance with state and local laws. O&MP shall include:
(1) Name and address of the business owner;
(2) Name, address and telephone number of the property owner and person in control of the property;
(3) If the business owner and property owner are not the same person or entity, applicant shall provide a notarized letter of authorization from the property owner;
(4) Emergency contact telephone number;
(5) The number of persons occupying each bedroom;
(6) Maximum number of occupants;
(7) A floor plan;
(8) Resident screening process; and
(9) Guest and resident rules of conduct.
e. Standards. Recovery residences shall be located, developed, and operated in compliance with the following standards:
(1) O&MP compliance. The recovery residence shall be operated and managed in compliance with the O&MP submitted with registration, a copy of which shall remain on file with the Development Services Department .
(2) Separation. The minimum separation between recovery residences shall be 5,280 feet as measured from the closest property lines.
(3) Occupancy. The number of residents, including the house manager, shall not exceed two (2) residents per bedroom with up to three (3) residents in the largest bedroom in the home and a maximum of eleven (11) residents in the home.
(4) Exterior appearance. There shall be no sign or other exterior indication of a recovery residence visible from the street.
(5) Parking. Parking for the recovery residence shall be on-site and comply with Chino Valley Unified Development Ordinance Section 4.22 Off-Street Parking and Loading Regulations.
(6) Tenancy. No recovery residence shall house any person whose tenancy would constitute a direct threat to the health or safety of other persons or would result in substantial physical damage to the property of others.
f. Request for accommodation. If a recovery residence owner believes any requirement of the zoning code prevents the establishment of a recovery residence in an economically viable manner, the owner shall submit to the Zoning Administrator a written request for accommodation and the reasons why the accommodation is required. The written request shall contain sufficient facts to allow the Zoning Administrator to make an individualized determination of the recovery residence’s needs, to address the Town’s safety and welfare concerns, and to assure compliance with this section. The Zoning Administrator shall review the written request and determine:
(1) Whether an accommodation should be made pursuant to the requirements of the federal and state fair housing laws; and
(2) If so, the nature of the accommodation taking into consideration the requirements of the federal and state fair housing laws, public safety and welfare concerns, and the residential character of the neighborhood.
The accommodation shall be made only to the extent necessary to comply with federal and state fair housing laws.
(Ord. 06-678, passed 11-9-2006; Ord. 14-785, passed 7-8-2014)
4.11 HOME OCCUPATIONS
Home occupations shall be permitted in all residential zones and shall not alter the residential character of the property and buildings thereon. A home occupation is that accessory use of the dwelling or outbuilding on a residential lot that shall constitute either entirely or partly the livelihood of a person living in the dwelling. A home occupation shall be subject to the following provisions:
1. There shall be no employees of the home occupation other than members of the household working on-site; however, there shall be no restriction on the number of employees working off-site.
2. Traffic that is related to the home occupation may be permitted from 7:00 a.m. to 10:00 p.m. and shall be what is reasonable and customary to the neighborhood. The home occupation business owner shall provide adequate off-street parking.
3. Signs, displays or any other exterior indications of the home occupation shall be subject to the applicable provisions of Section 4.21 Signs.
4. The maximum percentage of the gross floor area of the dwelling that shall be used for all home occupation activities on any one property, excluding parking of vehicles, shall not exceed twenty-five (25) percent.
5. Outdoor storage shall not display or create any external evidence of the operation of the home occupation.
6. No home occupation shall emit noticeable odor, dust, gas, noise, vibration, smoke, toxic material or fumes, heat, or glare beyond any boundary of the lot on which the home occupation is conducted.
7. A home occupation shall not include, but exclusion shall not be limited to, the following uses: Barber shops and beauty parlors, commercial stables, veterinary clinic, on-site dog grooming, real estate offices, restaurants, animal hospitals and commercial kennels, retail shops, auto repair shops, wholesale and storage of building material. A home occupation may include, but is not limited, to the following uses, provided the uses are not otherwise in violation of the home occupation regulations: catalog/mail order sales, contractor office, bookkeeping, off-site yard service, handy-man or similar services, video productions, consulting, off-site dog grooming. Retail sales incidental to the home occupation are permitted on site.
8. Other similar home occupations may be permitted by the Zoning Administrator providing such home occupations meet all the requirements of this subsection and providing a determination is made by the Zoning Administrator that: (a) the proposed use in no way diminishes the use and enjoyment of adjacent conforming properties (b) the proposed use will not alter the residential character of the subject property; and (c) the proposed use will not adversely affect the public health, safety or welfare.
9. Prior to issuance of a Town Business License, the applicant for a Business License must complete and sign a home occupation form acknowledging receipt of a copy of Section 4.11 of the Unified Development Ordinance and compliance therewith as well as proof of compliance with all State and local business license and transaction privilege tax requirements.
10. Failure to comply fully with the above conditions of the home occupation regulations shall cause revocation of the home occupation privilege and the Town Business License. Any appeal shall be pursuant to the Town Code.
(Ord. 06-678, passed 11-9-2006)
4.12 GARAGE SALES, SWAP MEETS AND OUTDOOR SALES
1. All swap meets and outdoor sales shall be permitted only in commercial and industrial zoned districts subject to business licensing as outlined in the Business License provisions of the Town Code.
2. Garage sales shall require a business license as required by the Business License provisions of the Town Code; however, all other requirements of this subsection and any business license fee shall be waived provided such sales occur no more often than two weekends in a 90-day period.
(Ord. 06-678, passed 11-9-2006)
4.13 TEMPORARY FESTIVALS, CIRCUSES, CARNIVALS, CELEBRATIONS, FIESTAS, RALLIES, DANCES, REVIVAL MEETINGS AND SIMILAR ACTIVITIES
All temporary festivals, circuses, carnivals, celebrations, fiestas, rallies, dances, revival meetings, and other similar activities shall be permitted only in commercial and industrial zones subject to the restrictions and license procedures as outlined in the Town Code.
(Ord. 06-678, passed 11-9-2006)
4.14 PUBLIC SERVICE FACILITIES
A Conditional Use Permit shall be required by all public service companies in order to establish or substantially expand utility buildings, structures, or appurtenances thereto, in any zoning district. Extension of public service lines in public or private right-of-way is exempt from these requirements.
(Ord. 06-678, passed 11-9-2006)
4.15 STRUCTURE NEAR AIRPLANE RUNWAYS OR LANDING STRIPS
No building or structure, or any portion thereof, which exceeds a height of twenty (20) feet shall be erected or structurally altered within five hundred (500) feet of the projected center line of an existing or proposed runway or landing strip for a distance of one thousand (1,000) feet from the end of the existing or proposed runway or landing strip. No building or structure, or any portion thereof, shall be erected to exceed a height that would interfere with the takeoff or landing of a plane with a glide angle of one (1) foot vertical for every forty (40) feet horizontal, such glide angle to be computed as beginning at a point on the extended center line of the runway two hundred (200) feet beyond and at the same elevation as the end of the runway pavement, or, if runway pavement is not provided, one hundred (100) feet beyond and at the same elevation as the end of the landing strip.
(Ord. 06-678, passed 11-9-2006)
4.16 SCHOOLS
Public and parochial schools and institutions of higher education and private educational institutions, excluding business, technical and trade schools, are permitted in each district subject to the following standards:
1. A lot of twenty thousand (20,000) square feet shall be required for the first twenty (20) students. An additional ten thousand (10,000) square feet shall be required for each additional twenty (20) students.
2. The lot shall have at least one hundred (100) feet of frontage on a major street or, with Use Permit approval, on a collector street.
3. A Use Permit shall be required if periods of instruction are prior to 6:00 a.m. or after the hour of 10:00 p.m.
4. A Site Plan in conformance with Section 1.9 shall be required of any school located in a residential district. Fund raising events located on the same lot or contiguous lots shall be permitted subject to the requirements of the Town Code and ordinances.
(Ord. 06-678, passed 11-9-2006)
4.17 PROHIBITED USES
In all zoned districts, chemicals manufacturing, incineration, and/or reduction of garbage, sewage and nuclear waste dumping is prohibited.
(Ord. 06-678, passed 11-9-2006)
4.18 FEES
Fees required by this Ordinance shall be established by a schedule adopted by resolution of the Council and filed in the offices of the Town Clerk.
1. Return of any portion of a fee, or any waiver of fees must be approved by the Council unless the change or amendment is initiated by the Council or the Commission or when the petitioner is the Town, County , State or Federal Government.
In no case shall any error by the Clerk in computing or collecting the amount of fee(s) specified under this Ordinance prevent the Town from collecting the correct amount from any person required to pay the fee(s).
(Ord. 06-678, passed 11-9-2006)
4.19 CAMPGROUNDS
A. Campgrounds shall only be permitted within a Commercial Zoning district, and shall require a Conditional Use Permit in the Commercial Light Zoning District in accordance with the provisions of this Ordinance.
B. All campgrounds shall comply with the following guidelines:
1. Site specifications.
a. Sites must be clearly defined, well drained, and reasonably level.
b. Each tent site must be no less than nine hundred (900) square feet in area.
c. Each recreational vehicle site must be no less than one thousand two hundred (1,200) square feet in area, and shall be designated to allow a minimum of fifteen (15) feet between adjoining recreational vehicles.
2. Office and registration facilities. Each campground must provide an adequate and easily identifiable office or registration area. Registration facilities must be located so as not to interfere with the normal flow of traffic in and out of the campground.
3. Restroom facilities. Each campground must conform to State and Federal Guidelines and must have the following facilities as a minimum:
a. One (1) toilet for each ten (10) camping sites, or fraction thereof, excluding sites with sewer hookups used for self-contained recreational vehicles. There shall be a minimum of one (1) toilet provided for each men's and women's restroom regardless of number of campsites. Urinals may be provided for fifty percent (50%) of the toilet requirement of the men's restroom. Toilets shall be partitioned for occupant privacy.
b. One (1) hot water shower shall be provided for each ten (10) camping sites or fraction thereof. There shall be a minimum of one (1) shower for each men's and women's restroom regardless of the number of campsites. Showers shall be partitioned for occupant privacy.
c. One (1) sink with hot water shall be provided for each ten (10) camping sites or fraction thereof. There shall be a minimum of one (1) sink for each men's and women's restroom regardless of the number of campsites.
d. Each restroom shall contain shelf space and/or hooks adequate for toilet articles and towels, a good, well lighted mirror directly above each sink, an electric outlet convenient to the sink, ample general illumination, wastebaskets, and windows and doors designed for complete privacy.
e. Maintenance. Campgrounds must be well maintained in all areas. This includes the grounds, restroom facilities, buildings and any recreational areas and equipment.
(Ord. 06-678, passed 11-9-2006; Ord. 10-742, passed 11-9-2010)
4.20 NON-CONFORMING USES AND STRUCTURES
A. Purpose. The purpose of this subsection is to regulate the use, maintenance, alteration, repair, extension and restoration of buildings and land which lawfully existed at the time of adoption of this Ordinance, but which do not conform to the regulations for the district in which they are located.
B. Continued use.
1. The lawful use of land, building or structure existing at the time of the passage of this Ordinance, although such does not conform to the provisions hereof for the land, may be continued, but if such non-conforming use is discontinued or inactive for a period of six (6) months it shall be considered abandoned, and future use of the land or structure shall be in conformity with the provisions of this Ordinance. An applicant whose use has been discontinued or inactive for a period of six (6) months may request one (1) additional six (6) month extension. The Zoning Administrator may approve/disapprove the extension administratively or refer the request to Council for their consideration. Any decision of the Zoning Administrator regarding an extension may be appealed to Council.
2. Nothing in this article shall prevent the reconstruction, repairing, or rebuilding of a non-conforming structure or part thereof rendered necessary by normal wear and tear, deterioration, or depreciation.
3. Nothing in this Ordinance shall be interpreted as authorization for approval of the continuance of the use of a building or premises in violation of regulations in effect at the time of the effective date of this Ordinance.
4. Nothing in this Ordinance shall prevent requiring the strengthening or restoring to a safe condition of any portion of a structure declared unsafe by a proper authority.
5. Nothing in this Ordinance shall require any change in plans, construction, or designated use of a building or lot for which a building permit or other official permit has been issued prior to the enactment or amendment of this Ordinance, provided the construction or use shall be diligently pursued within six (6) months of the date of this Ordinance, and the building or use is completed and used according to such plans as filed within one (1) year from the date of adoption or subsequent amendment of this Ordinance.
6. A non-conforming building or portion thereof which was specifically designed or, beyond a reasonable doubt, intended by the nature of its arrangement and construction to be used in any way which would be non-conforming under this Ordinance, but was not so used at the time this Ordinance became effective, may, if not altered or repaired as prohibited elsewhere in this Ordinance, be occupied or used for the purpose for which it was designed, arranged, or intended provided such building is so used within six (6) months after the effective date of this Ordinance. Otherwise the use of such building shall conform to the provisions of this Ordinance.
7. Once a non-conforming use has been voluntarily discontinued or promised to be discontinued and filed in writing with the Zoning Administrator in order to secure a rezoning, Conditional Use Permit, or other approval, such non-conforming use, upon receipt of the requested approval, shall not be allowed to continue and shall conform to all provisions of this Ordinance except as specified in the approval.
C. Reconstruction.
1. Where any non-conforming use or structure in existence at the effective date of this Ordinance, which does not conform to the district in which located, that shall be destroyed to extent of fifty (50) percent of its value, then, without further action by Council, the building or land shall, from date of destruction, be subject to this Ordinance.
2. Nothing in this Ordinance shall be interpreted as authorization for continuance of the use of a building or land in violation of zoning regulations in effect prior to adoption of this Ordinance.
3. Nothing in this Ordinance shall be interpreted to require any changes in:
a. An existing building;
b. A building for which a building permit has been issued and construction has been diligently pursued within three (3) months of the date of permit, and ground story framework (including second tier of beams) has been completed within six (6) months of date of the permit, and the entire building was completed within one year from date of this Ordinance.
D. Expansion of a Non-Conforming Use. No non-conforming building, use of building or use of land shall be expanded on in any way that enlarges or reinforces the non-conformity.
(Ord. 06-678, passed 11-9-2006)
4.23 PUBLIC STREET SYSTEM AND PUBLIC USE ACCESS SYSTEM
A. PURPOSE
The purpose of this subsection is to regulate the dedication and classification of public streets, rights-of-way and access ways, and to ensure the orderly growth of the public street system of Chino Valley.
B. STREET CLASSIFICATION
All streets within the corporate limits of the Town are designated as arterial, collector, or residential streets.
1. Street classifications.
a. Arterial streets shall generally carry through traffic and, unless part of the state highway system, shall be the responsibility of the Town to maintain.
b. Collector streets shall generally carry traffic from residential neighborhoods to arterial streets or major destination points such as industrial or commercial centers. Except as required by a subdivision plat, collector streets shall be the responsibility of the Town to maintain.
c. Residential streets shall carry traffic from residential lots to collector streets. The Town bears no responsibility to construct residential streets, or maintain such streets unless they have been built to Town standards and formally accepted for maintenance.
2. Street classification amendment procedure.
a. All petitions for street classification amendment shall be presented to the Zoning Administrator and Road Department Supervisor for their evaluation and recommendation.
b. The recommendations of the Zoning Administrator and Road Department Supervisor, together with the petition, shall be forwarded to the Planning and Zoning Commission.
Thereafter, the procedures set forth in the Chino Valley Unified Development Ordinance shall be followed.
3. No new residential street shall be added to the public street system except as governed by the Subdivision Ordinance of the Town.
C. INCLUSION IN THE PUBLIC USE ACCESS SYSTEM FOR PRE-EXISTING ACCESS WAYS AND INCLUSION IN THE PUBLIC STREET SYSTEM
Any person may petition for inclusion of a pre-existing access way into the public use access system. Any person may also petition for inclusion of a right-of-way or non-conforming right-of-way into the public street system. The Council or Commission may petition for inclusion of a new collector or arterial street into the public street system.
D. INCLUSION IN THE PUBLIC STREET SYSTEM FOR NEW COLLECTOR OR ARTERIAL STREETS
E. RIGHT-OF-WAY DEDICATION
1. Right-of-way dedication s as required by this Ordinance, or otherwise offered to or solicited by the Town, are for the purpose of acquiring full public ownership for the public street system. Recording of such right-of-way dedication s in no way implies acceptance of any roadway for maintenance.
2. All right-of-way dedication s shall be offered to the Zoning Administrator on forms specified by the Town.
3. The Zoning Administrator and Public Works Director shall, within five (5) working days from the date of the application, determine the correctness of the proposed dedication as to size and alignment.
4. Upon a favorable ruling the proposed dedication shall be recorded with the Town and the County Recorder.
5. In no case shall right-of-way or public street of the public use access system, as required by this UDO, be considered as creating non-conforming lots or prevent such lots from legally being split as otherwise governed in this UDO due to loss of area as a result of such requirements.
F. APPLICATIONS FOR MAINTENANCE
1. Upon construction of a roadway on any residential right-of-way to Town standards as specified in the Town Code. Whether by improvement district or through subdivision regulations, the governing body of the improvement district or developer for the subdivision may apply to the Town for acceptance of the roadway for maintenance and the acceptance of the dedicated right-of-way.
2. All such applications for maintenance shall be filed with the Zoning Administrator on forms specified by the Town and accompanied by a filing fee.
3. The application shall be placed on the Town Council agenda within fifteen (15) working days of the application, accompanied by the recommendations of the Zoning Administrator and Road Department Supervisor.
4. Upon favorable vote of the Town Council, the roadway, along with all dedications recorded according to this Ordinance, shall be accepted by resolution for maintenance as a public street. The acceptance of the dedicated right-of-way shall be accomplished by the appropriate legal party signing the recording of the required document.
5. For lots with a zoning classification of one (1) acre or greater, dedications of right-of-way or public streets of the public use access system, as required by this UDO, shall not be considered to create non-conforming lots from legally being split as otherwise governed in the UDO due to loss of area as a result of such dedication.
G. RESERVED
H. FUTURE RIGHT-OF-WAY
Town Council shall adopt a map of future rights-of-way desired by the Town. This map shall depict the roads which are not dedicated rights-of-way and which are commonly used for access to lots or subdivisions, as well as dedicated rights-of-way not accepted for maintenance. These are known as the public use access system. The map shall also show additions to the rights-of-way the Town currently owns which may be needed for future street/widening or other purposes. The Future right-of-way Map shall be used to implement this Ordinance.
I. PUBLIC USE ACCESS SYSTEM
The map adopted by the Town shall depict the public use access system of the Town as of the effective date of the adoption of this amendment.
1. The public use access system designates all existing right-of-way being used for vehicular access by local residents but which do not conform to all the public street requirements including, but not limited to, conformance with this Ordinance.
2. The public use access system includes all existing access ways being used for vehicular access by local residents but which do not conform to all the public street requirements including, but not limited to, lack of right-of-way and conformance with this Ordinance.
3. It is the intent of this Ordinance to perfect the public use access system and ensure the future development of a public street system.
4. The public use access system is part of the Future right-of-way System. The Town does not represent the streets of this system as necessarily public or accepted for maintenance at the date of this amendment, but recognizes that they exist as vehicular access for general public use.
(Ord. 06-678, passed 11-9-2006; Ord. 10-734, passed 7-8-2010; Ord. 2020-885, passed 9-8-2020; Ord. 2022-923, passed 10-11-2022)
4.24 OUTDOOR LIGHTING
INTENT AND PURPOSE:
It is the intent of these regulations to encourage lighting practices and systems which will: minimize light pollution, glare, light trespass; conserve energy and resources while maintaining night time safety, utility, security, and productivity; and curtail the degradation of the night time visual environment.
APPLICABILITY
A. NEW USES, BUILDINGS AND ADDITIONS: All proposed new land uses, developments, buildings, structures, or building additions of twenty-five (25) percent or more in terms of additional dwelling unit s, gross floor area, seating capacity, or other units of measurement specified herein, either with a single addition or cumulative additions subsequent to the effective date of this Ordinance, shall meet the requirements herein for the entire property. This includes additions, which increase the total number of required parking spaces by twenty-five (25) percent or more. For all building additions of less than twenty- five (25) percent cumulative, the applicant shall only have to meet the requirements of this Ordinance for any new outdoor lighting provided.
B. CHANGE OF USE/INTENSITY: Except as provided in Paragraph C. below, whenever the use of any existing building, structure, or premises is changed to a new use, or the intensity of use is increased through the incorporation of additional dwelling units, gross floor area, seating capacity, or other units of measurement specified herein, and which change of use or intensification of use creates a need for an increase in the total number of parking spaces of twenty-five (25) percent or more, either with a single change or cumulative changes subsequent to the effective date of this Ordinance, then all outdoor lighting facilities shall meet the requirements herein for the entire property, to the maximum extent possible as determined by the Zoning Administrator. For changes of use or intensity which require an increase in parking of less than twenty-five (25) percent cumulative, the applicant shall only have to meet the requirements of this Ordinance for any new outdoor lighting provided.
C. NON-CONFORMING USES, STRUCTURES OR LOTS: Whenever a non-conforming use, structure or lot is abandoned for a period of six (6) months and then changed to a new use according to the requirements of this Ordinance, then any existing outdoor lighting shall be reviewed and brought into compliance as necessary for the entire building, structure or premises, to the maximum extent possible as determined by the Zoning Administrator.
APPROVED MATERIALS AND METHODS OF CONSTRUCTION OR INSTALLATION/OPERATION:
A. Preferred Source - Low-pressure Sodium (LPS) lamps are the preferred illumination source throughout the Town; their use is to be encouraged, when not required, for outdoor illumination whenever its use would not be detrimental to the use of the property.
B. The provisions of this Ordinance are not intended to prevent the use of any design, material, or method of installation or operation not specifically pre-scribed herein, provided any such alternate has been approved by the Zoning Administrator. The Zoning Administrator may approve any such proposed alternate provided he/she finds that it:
1. Provides at least approximate equivalence to the applicable specific requirements of this Ordinance; and
2. Is otherwise satisfactory and complies with the intent of this Ordinance.
GENERAL REQUIREMENTS:
A. Outdoor floodlighting by flood light projection above the horizontal plane is prohibited.
B. All light fixtures that are required to be shielded shall be installed in such a manner that the shielding is effective.
C. All light fixtures, except streetlights, shall be located, aimed, or shielded so as to minimize stray light trespassing across property boundaries.
D. The installation, sale, offering for sale, lease, or purchase of any mercury vapor light fixture or lamp for use as outdoor lighting is prohibited.
E. Search lights, laser source lights, or any similar high-intensity light shall not be permitted, except in emergencies by police and fire personnel or at their direction or for meteorological data gathering purposes.
F. Class I lighting may continue only until 9:00 p.m. or for as long as the area is in active use.
G. Illumination for outdoor recreation facilities must conform to the shielding requirements of Table 4.24A below, except when such shielding would interfere with the intended activity. For such facilities, partially shielded luminaries are permitted. Examples of activities where partially shielded luminaries are permitted include, but are not limited to, baseball, softball, and football. Specifically, tennis, volleyball, racquetball and handball courts, and swimming pools must utilize fully shielded luminaries. Where fully shielded luminaries are required, the light fixtures must also conform to the requirements of Paragraph C. above regarding light trespass.
H. Multi-class lighting must either conform to the lamp-type and shielding requirements of the most strict Class, as shown in Table 4.24A, or conform to the time limitations of the least strict Class.
I. External illumination for signs shall conform to the provisions of these regulations.
J. On projects where an engineer or architect is required, the developer shall verify in writing to the Development Services Department that all outdoor lighting was installed in accordance with the approved plans.
K. Outdoor Light Output, Total. The maximum total amount of light, measured in lumens, from all outdoor light fixtures. For lamp types that vary in their output as they age (such as high pressure sodium), the initial output, as defined by the manufacturer, is the value to be considered. For determining compliance with this Ordinance, the light emitted from outdoor light fixtures is to be included in the total output as follows:
1. Outdoor light fixtures installed on poles (such as parking lot luminaries) and light fixtures installed on the sides of the buildings or other structures, when not shielded from above by the structure itself as defined in Paragraphs 2 and 3 below, are to be included in the total outdoor light output by simply adding the lumen outputs of the lamps used.
2. Outdoor light fixtures installed under canopies, building overhangs, or roof eaves where the center of the lamp or luminaries is located at least five (5) feet, but less than ten (10) feet from the nearest edge of the canopy or overhang are to be included in the total outdoor light output as though they produced only one-quarter (1/4) of the lamp’s rated lumen output.
3. Outdoor light fixtures located under the canopy and ten (10) or more feet from the nearest edge of a canopy, building overhang, or eave are to be included in the total outdoor light output as though they produced only one-tenth (1/10) of the lamp's rated lumen output.
L. Service station Canopy Lighting. In addition to the calculations for paragraph K.2. and K.3. above, the following requirements apply to service station canopies:
1. All luminaries mounted on the under surface of service station canopies shall be fully shielded and utilize flat glass or flat plastic (acrylic or polycarbonate) covers.
2. The total light output used for illuminating service station canopies, defined as the sum of all under-canopy initial bare-lamp outputs in lumens, shall not exceed forty (40) lumens per square foot of canopy. All lighting mounted under the canopy, including but not limited to luminaries mounted on the lower surface of the canopy and auxiliary lighting within signage or panels over the pumps, is to be included toward the total.
M. Neon lighting is permitted, so long as lumen calculations from such lighting are included in the total lumen calculations for the site, required by this subsection. Lumens are calculated on a per foot basis, rather than per “fixture”. Such lighting shall also be subject to the shielding requirements of Section , unless exempted by Table 4.24A below.
TABLE 4.24A LAMP SOURCE AND SHIELDING STANDARDS | ||
Fixture/Lamp Type | Shielded | Filtered |
TABLE 4.24A LAMP SOURCE AND SHIELDING STANDARDS | ||
Fixture/Lamp Type | Shielded | Filtered |
Low Pressure Sodium | Partially | None |
High Pressure Sodium | Fully | None |
Metal Halide | Fully | Yes |
Fluorescent | Fully | Yes |
Quartz | Fully | None |
Incandescent 100W of greater per fixture | Fully | None |
Incandescent less than 100W | None | None |
Mercury Vapor | Fully | Yes |
Fossil Fuel | None | None |
Glass Tubes filled with Neon, Argon or Krypton | None | None |
Other Sources | As approved by the Zoning Administrator | |
N. Total outdoor light output (excluding street lights used for illumination of public rights-of-way) of any development project shall not exceed 100,000 lumens per net acre, averaged over the entire project. Furthermore, no more than 5,500 lumens per net acre may be accounted for by lamps in unshielded or partially-shielded fixtures permitted in Table 4.24A, except that lamp(s) emitting no more than 4,720 lumens per single-family dwelling unit or duplex dwelling unit for residential outdoor lighting purposes are exempt from the shielding requirements of Table 4.24A, though they must conform to all other applicable restrictions. Single-family attached units (e.g. Townhouses), and multiple-family residential units are limited to 2360 lumens of unshielded lights per unit.
O. Outdoor recreational facilities are not subject to the lumens per net acre limit set, however, no such facility shall be illuminated after 11:00 p.m. except to conclude a scheduled recreational or sporting event in progress prior to 11:00 p.m.
P. Outdoor internally-illuminated advertising signs shall either be constructed with an opaque background and translucent letters and symbols or with a colored (not white, cream, off-white, or yellow) background and lighter letters and symbols. Lamps used for internal illumination of such signs shall not be included in the lumens per net acre limit set in this subsection. Such signs shall be turned off at 11:00 p.m. or when the business closes, whichever is later.
AIRPORT LIGHTING:
Airport lighting, which is required for the safe and efficient movement of aircraft during flight, take off, landing, and taxiing is exempt from the provisions of this Ordinance. Lighting used for illumination of aircraft loading, unloading, and servicing areas is exempt from the lumens per acre limits, although it must conform to all other requirements of this Ordinance. All other outdoor lighting at airport facilities shall comply with the provisions of this Ordinance.
APPLICATION REQUIREMENTS:
A. Whenever a person is required to obtain a building permit, electrical permit for outdoor lighting or signage, a Site Plan or Conditional Use Permit, or subdivision approval by the Town, including all Town projects, the applicant shall, as part of the application, submit sufficient information to enable the Zoning Administrator to determine whether the proposed lighting will comply with this Ordinance.
B. The application shall include the following:
1. A Site Plan indicating the proposed location of all outdoor lighting fixtures and signs;
2. A photometric analysis of the proposed lighting;
3. A description of each illuminating device, fixture, lamp, support, and shield. This description may include, but is not limited to, manufacturer's catalog cuts and drawings (including sections where required), lamp types, and lumen outputs;
4. Photometric data, such as that furnished by manufacturers, or similar, showing the angle of cut off of light emissions for the proposed luminaries(s);
5. Such other information as the Zoning Administrator may determine is necessary to ensure compliance with this Ordinance.
C. If the Zoning Administrator determines that the proposed lighting does not comply with this Ordinance, the permit shall not be issued or the plan approved.
TEMPORARY LIGHTING PERMITS:
A. The Zoning Administrator may grant a permit for temporary lighting, as defined herein, if he/she finds the following:
1. The purpose for which the lighting is proposed is not intended to extend beyond thirty (30) days;
2. The proposed lighting is designed in such a manner as to minimize light pollution and trespass as much as is feasible;
3. The proposed lighting will comply with the general intent of this Ordinance;
4. The permit will be in the public interest.
B. The application for the Temporary lighting permit shall include the following information:
1. Name and address of applicant and property owner;
2. Location of proposed fixtures;
3. Type, wattage, and lumen output of lamp(s);
4. Type, shielding of proposed fixtures;
5. Intended use of the lighting;
6. Duration of time for requested exemption;
7. The nature of the exemption;
8. Such other information as the Zoning Administrator may request.
C. The Zoning Administrator shall endeavor to rule on the application within five (5) business days from the date of submission of the request and notify the applicant in writing of their decision. The Zoning Administrator may grant one (1) renewal of the permit for an additional thirty (30) days if he/she finds that, because of an unanticipated change in circumstances, a renewal would be in the public interest. The Zoning Administrator is not authorized to grant more than one (1) temporary permit and one (1) renewal for a thirty (30) day period for the same property within one (1) calendar year.
NON-CONFORMING LIGHTING:
A. Mercury vapor lamps in use for outdoor lighting.
B. Any construction permit which invokes Certificate of Occupancy requirements shall specify and require that any non-conforming sign, as to lighting, located within the boundaries of the development site authorized by the permit shall be brought into conformance with the provisions of this Ordinance.
C. No outdoor lighting fixture which was lawfully installed prior to the enact shall be required to be removed or modified except as expressly provided herein; however, no modification or replacement shall be made to a non-conforming fixture unless the fixture thereafter conforms to the provisions of this Ordinance.
D. In the event that any non-conforming sign, as to lighting, is abandoned or is damaged, and if the damage exceeds fifty (50) percent of the reproduction value, exclusive of foundations, to replace it, the sign shall be brought into conformance with the provisions of this Ordinance.
ZONING ADMINISTRATORS:
Any person desiring to install an outdoor lighting fixture that does not meet the requirements of this Ordinance may apply to the Board of Adjustment for a Zoning Administrator from the regulation in question.
CONFLICTING REGULATIONS:
In the event of conflict between the regulations set forth in this Ordinance and any other regulations applicable to the same area, the more stringent limitation or requirement shall govern.
(Ord. 06-678, passed 11-9-2006)
4.25 WIRELESS COMMUNICATIONS FACILITIES
A. PURPOSE. The purpose of this section is to establish general guidelines for the siting of wireless communications facilities, towers and antennas. The goals of this section are to:
1. Ensure access to reliable wireless communications services throughout all areas of the Town of Chino Valley.
2. Protect residential areas and land uses from potential adverse impacts of wireless facilities, towers and antennas.
3. Encourage the location of wireless facilities, towers and antennas in non-residential areas.
4. Minimize the total number of towers throughout the community.
5. Strongly encourage the joint use of new and existing wireless facility and tower sites as a primary option rather than construction of additional single-use towers.
6. Encourage users of wireless facilities, towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal.
7. Encourage users of wireless facilities, towers and antennas to configure them in a way that minimizes the adverse visual impact of the wireless facilities, towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques.
8. Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently.
9. Ensure public health, safety, welfare and convenience as enumerated in Section 1.9.2(A) of this code.
10. Avoid potential damage to adjacent properties from tower failure through engineering and careful sitting of tower structures. In furtherance of these goals, the Town shall give due consideration to the General Plan, other provisions of this Ordinance, existing land uses, and environmentally sensitive areas in approving sites for the location of wireless facilities, towers and antennas.
B. DEFINITIONS. As used in this section, the following terms shall have the meanings set forth below:
ALTERNATIVE TOWER STRUCTURE means man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas, towers or wireless facilities.
ANTENNA means any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.
CO-LOCATION means the use by two or more wireless communications providers of the same support structure or the same site, as defined in subsection “I” below.
CONCEALED WIRELESS FACILITY means a wireless facility that cannot be directly seen because it is enclosed within a structure or screen that completely precludes it from direct view.
DISGUISED WIRELESS FACILITY means a wireless facility that can be directly observed but uses an ALTERNATIVE TOWER STRUCTURE or alternative site design or materials in such a way as to make the identification of the use not readily apparent to the casual observer.
EXISTING STRUCTURE means light poles, power poles, chimneys, billboards, and other structures that are situated within the Town at the time of adoption of this Ordinance.
FAA means the Federal Aviation Administration.
FCC means the Federal Communications Commission.
HEIGHT means, when referring to a tower or other structure, the vertical distance measured from the natural grade level to the highest point of the structure directly above the natural grade when such structure is not located in a platted subdivision. If the structure is located in a platted subdivision, the height shall be the vertical distance measured from the finished grade as shown on the subdivision grading plans or finished grade as shown on the individual lot’s grading plans (whichever is lower), to the highest point of the structure directly above the finished grade. In the event that terrain problems prevent an accurate determination of height, the Development Director shall rule as to height and appeal from that decision shall be to the Board of Adjustment.
PREEXISTING WIRELESS FACILITIES, TOWERS AND ANTENNAS means any wireless facility, tower or antenna for which a building permit has been properly issued prior to the effective date of this Ordinance, including permitted wireless facilities, towers or antennas that have not yet been constructed so long as such approval is current and not expired.
SITE means the physical location upon which wireless communications facilities are located. Unless otherwise stated in this Section, “site” shall be limited to the area occupied by a single tower and its accompanying ground or roof-mounted equipment.
TOWER means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term also includes the structure and any support thereto.
VISIBLE WIRELESS FACILITY means wireless facilities that are immediately identifiable to the casual observer, with no incorporation of ALTERNATIVE TOWER STRUCTURES or alternative designs or materials to obscure the use from a casual observer.
WIRELESS COMMUNICATION means any technology for transmitting communication through the air.
WIRELESS COMMUNICATIONS FACILITIES means any combination of one or more antennae, towers and/or structures or equipment used for the transmission of wireless communication.
C. APPLICABILITY
1. New facilities, towers or antennas. All WIRELESS FACILITIES in the Town shall be subject to these regulations.
2. Existing facilities, towers or antennas
a. Preexisting towers or antennas. Legally established preexisting wireless facilities, towers and antennas shall comply with the requirements of this Section.
3. Exceptions.
a. Amateur radio station operators and/or receive only operations. This Section shall not govern any tower, or the installation of any antenna, that is under the maximum building height of the zoning district in which such structure is located and which is solely used by a federally-licensed amateur radio station operator or is used exclusively for receive only operations, including devices necessary for individual subscriptions to commercial wireless services.
b. AM array. For purposes of implementing this Ordinance, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.
c. Wireless Facilities used by a governmental agency for public safety purposes are permitted in all zoning districts subject to Subsection 4.25.E.2 of this code Section.
D. GENERAL REQUIREMENTS
1. Principal or accessory. Wireless facilities, antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of a wireless facility, antenna or tower on such lot.
2. Lot size. For purposes of determining whether the installation of a wireless facility, tower or antenna complies with district development regulations, including but not limited to setback requirements, lot-coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas, towers or wireless facilities may be located on leased parcels within such lot.
3. Inventory of existing sites. Each applicant for a wireless facility, antenna and/or tower shall provide to the Development Director an inventory of its existing wireless facilities, towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the Town or within one mile of the border thereof, including specific information about the location, height, and design of each tower. Each applicant shall also provide a one-year build out plan for all other proposed wireless communications facilities within the Town. The Development Director may share such information with other applicants applying for administrative approvals or Conditional Use Permits under this Section or with other organizations seeking to locate antennas within the jurisdiction of the Town, provided, however that the Development Director is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
4. Aesthetics. Wireless Facilities, Towers and antennas shall meet the following requirements:
a. Towers shall either maintain a galvanized steel finish or be painted a neutral color so as to reduce visual obtrusiveness.
b. At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.
c. If an antenna is installed on a structure other than a tower, the antenna, attachments and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna, attachments and related equipment as visually unobtrusive as possible.
5. Lighting. Towers shall not be artificially lighted.
6. State and Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate wireless facilities, towers and antennas. If such standards and regulations are changed, the owners of the wireless facilities, towers and antennas governed by this chapter shall bring such wireless facilities, towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring wireless facilities, towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the revocation of the standing permit (if applicable) and removal of the wireless facility, tower or antenna at the owner's expense.
7. Building Codes; Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association (EIA) and by the Telecommunications Industries Association (TIA), or subsequent, as amended from time to time. As determined by the Development Services Director, the Town may require a permit holder to perform inspections of its structure and, as required, formally report to the Town the status of compliance with applicable standards. If, upon inspection, the Town concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within thirty (30) days shall constitute grounds for the revocation of the standing permit (if applicable) and removal of the wireless facility, tower or antenna at the owner’s expense.
8. Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the Town irrespective of municipal and County jurisdictional boundaries.
9. Not essential services. Wireless facilities, towers and antennas shall be regulated and permitted pursuant to this Section and shall not be regulated or permitted as essential services, public utilities or private utilities.
10. Franchises. Owners and/or operators of wireless facilities, towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the Town have been obtained and shall file a copy of all required franchises with the Development Director.
11. Public notice. For purposes of this Section, any Conditional Use Permit request shall be pursuant to Section 1.9.3 of this Ordinance except that the notice required shall include posting of the property, and mailing to all property owners within one thousand (1,000) feet of the proposed wireless communications facility, and publication in a newspaper of general circulation regardless of any expression to the contrary in Section 1.9.2.
12. Signs. No signs shall be allowed on a wireless facility, tower or antenna, or on any portion of the premises leased for wireless telecommunication use, with the exception of site identification and emergency contact signage as indicated within this UDO.
13. Buildings and support equipment. Buildings and support equipment associated with antennas, towers or wireless facilities shall comply with the requirements of this Section 4.25.
14. Co-location and multiple antenna/tower plan. The Town encourages wireless facility, tower and antenna users to submit a single application for approval of multiple wireless facilities, towers and/or antenna sites and to submit applications that utilize co-location with an existing wireless telecommunications provider. Applications for approval of multiple sites or for co-location with an existing provider shall be given priority in the review process.
15. Security fencing. Wireless facilities, towers and antennas (and where applicable to rooftop installations) shall be enclosed by security fencing not less than six (6) feet in height and no more than eight (8) feet in height. Fencing shall be constructed of chain link, block or masonry (as directed by staff and/or approved by Council), and tower structures shall be equipped with appropriate anti-climbing devices. For rooftop installations, applicants may substitute a security and access management plan which demonstrates how access and security will be managed on site to preclude general access to the facility; the Town Council may waive such requirements related to security fencing as it deems appropriate.
16. Landscaping. The following requirements shall govern the landscaping surrounding wireless facilities and towers; provided, however, that the Town Council may waive such requirements if the goals of this Section would be better served thereby.
a. Towers and wireless facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from residentially zoned property. The standard buffer shall consist of a landscaped strip at least four (4) feet wide outside the perimeter of the compound. The applicant must ensure that any such plant materials shall be sustained for the life of the proposed facility.
b. In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived.
c. Existing mature plant growth and natural landforms on the site shall be preserved to the maximum extent possible.
E. ADMINISTRATIVE USE PERMITS
1. General. The uses listed in this section are deemed to be permitted uses and shall require an administrative use permit or a Conditional Use Permit.
2. Permitted uses, all zones – The following uses are specifically permitted in any zone via administrative use permit. All such uses shall be fully compliant with Town design requirements for antennas, towers and wireless facilities as enumerated in code:
Antennas, towers or wireless facilities located on property owned, leased, or otherwise controlled or managed by the Town; provided, however, a license or lease authorizing such wireless facility, antenna or tower has been approved by the Council. No such license or lease shall be issued for a wireless facility, tower or antennas located within three hundred (300) feet of any residentially zoned property until an informational hearing has been held at a regular or special Town Council meeting and notice of such hearing has been advertised according to subsection 4.25.D.11 at least seven (7) days but not earlier than fourteen (14) days prior to such hearing. All other wireless facilities, towers or antennas require administrative use or Conditional Use Permits as enumerated and regulated within this UDO
3. Permits, Information Required and Design Elements.
a. Intent: The intent of the following development standards is to improve the design and placement of new Wireless Facilities, towers and antennas, as well as the modification of such facilities, towers and antennas in order to reduce the impact on the visual and aesthetic character of the community. The standards are designed to: Encourage the use of concealment technology; minimize the construction of new towers through the promotion of co-location on existing Wireless Facilities, buildings or other structures; ensure continuous maintenance of Wireless Facilities and enforce the timely removal of any unused or outdated facilities; and regulate the use of temporary Wireless Facilities. A Wireless Facility may be Concealed, Disguised or Visible.
b. Administrative or Conditional Use Permits; additions or changes; information required. Subject to Subsection 3c. below, a site plan must be approved or amended by the Development Services Department to reflect any additional antennae, microwave dishes, or attaching apparatus or a change in support structure or expanded area for support equipment. Changes to equipment that is fully enclosed within an equipment shelter that was included on a previous site plan approval do not require a site plan amendment. No site plan for a new or amended Wireless Facility, tower or antenna shall be approved unless the support equipment is located entirely within an equipment enclosure or equipment shelter that is architecturally compatible with the surrounding area.
c. Applicants for both administrative and Conditional Use Permits for a wireless facility, antenna(s) or tower shall submit the following information:
i. A scaled Site Plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), General Plan classification of the site and all adjoining properties, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, and other information deemed by the Development Services Director to be necessary to assess compliance with this section of the UDO.
ii. The setback distance between the proposed tower and the nearest residentially zoned properties.
iii The separation distance from other towers described in the inventory of existing sites submitted pursuant to Subsection 4.25.D.3 shall be shown on an updated Site Plan or map. The applicant shall also identify the type of construction and height of the existing tower(s) and the owner/operator of the existing tower(s), if known.
iv. Method of fencing and finished color and, if applicable, the method of camouflage or concealment.
v. A description of compliance with applicable UDO subsections and all applicable federal, state or local laws.
vi. A notarized statement by the applicant indicating that the construction of any tower will accommodate co-location of additional antennas for future users.
vii. Two photosimulations from the two (2) nearest intersections of public rights of way or public lands.
viii. An alternate site analysis report, detailing all potential sites investigated by the applicant, and reasons why said alternate sites will not meet the applicant's Radio Frequency (RF) and service objectives.
ix. A statement of compliance with Federal Communications Commission (FCC) RF exposure standards.
d. Factors considered in Granting Conditional Use Permits for towers (not in any particular order or priority). In addition to any standards for consideration of applications pursuant to Section 4.25 of this Ordinance, the Town Council shall consider the following factors in determining whether to issue a Conditional Use Permit, although the Town Council may waive or reduce the burden on the applicant of one or more of these criteria if the Town Council concludes that the goals of this Ordinance are better served thereby:
i. The consistency of the request with the context of the surrounding area;
ii. The design of a Disguised Wireless Facility must be compatible with the architectural character and natural features of the site or development;
iii. The placement of the Wireless Facility on the lot or parcel and its potential effect on expanding existing or developing future land uses;
iv. The cumulative effect that existing Wireless Facilities in the vicinity of the site may have on the request;
v. Height of the proposed tower.
vi. Proximity of the tower to residential structures and residentially zoned district boundaries.
vii. Nature of uses on adjacent and nearby properties.
viii. Surrounding topography.
ix. Surrounding tree coverage and vegetation.
x. Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.
xi. Proposed ingress and egress.
xii. Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in this Ordinance.
xiii. Availability of suitable existing towers, other structures, or alterative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Town Council that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant’s proposed antenna. An applicant shall submit information requested by the Town Council related to the availability of suitable existing towers, other structures or alternative technology.
4. Concealed Wireless Communication Facilities. Concealed Wireless Facilities used by a governmental agency for public safety purposes are permitted in all zoning districts subject to Subsection 4.25.E.2. of this UDO section. Other Concealed Wireless Facilities are permitted in all zoning districts, subject to the following standards:
a. When there is more than one underlying zoning district, the more restrictive regulations shall apply. Concealed Wireless Facilities are permitted on residentially zoned properties as follows:
(1) Public/quasi-public spaces—Concealed Wireless Facilities are permitted on residentially zoned property that are designated or used for public or quasi-public spaces including, but not limited to, schools, churches, golf courses, parks or government facilities, subject to obtaining an administratively approved use permit pursuant to the design guidelines herein and other provisions contained in this Ordinance. Failure to comply with applicable design guidelines and other required provisions in this Ordinance will mandate that the proposed Wireless Facility be processed as a Conditional Use Permit.
(2) Open space residential tracts—Concealed Wireless Facility are permitted in tracts within residential subdivisions that are zoned or platted for open space or retention areas, subject to obtaining an administratively approved use permit pursuant to the design guidelines herein and other provisions contained in this Ordinance. Failure to comply with applicable design guidelines and other required provisions in this Ordinance will mandate that the proposed Wireless Facility be processed as a Conditional Use Permit.
b. Design guidelines. A site plan must be approved by the Development Services Department demonstrating that the proposed Wireless Facility meets the definition of “Concealed”. Site plans for Concealed Wireless Facilities must demonstrate the following in order to be administratively approved:
(1) The antenna is fully enclosed, screened or obscured so that it is not visible at all or, if visible, it is not recognizable as a Wireless Facility to a casual observer; and
(2) The antenna does not extend more than twelve (12) inches from the building or structure to which it is attached; and
(3) The underlying zoning district must allow the structure being utilized to support the antenna and the support structure; and
(4) The Concealed Wireless Facility and its support structure shall comply with the setback requirements of the underlying zoning district or, if located in a sign, by the standards contained in this Ordinance; and
(5) The support equipment is located entirely within an equipment enclosure that is architecturally compatible with the surrounding area, completely screened from view, and built in compliance with the standards outlined in this Zoning Ordinance; and
(6) A Wireless Facility concealed as a flagpole shall be required to fly a flag in compliance with the accepted protocol for the type of flag flown. The flag and pole shall be visible from the building entrances used by the public. The diameter of the pole structure must not exceed twenty-four (24) inches; and
(7) The installation of a Concealed Wireless Facility should be done in a manner that minimizes the removal of mature vegetation or the disturbance of natural vegetation.
5. Disguised Wireless Communication Facilities. Disguised Wireless Facilities used by a governmental agency for public safety purposes are permitted in all zoning districts subject to Subsection 4.25.E.2. of this Section. Other Disguised Wireless Facilities are permitted in all zoning districts, subject to the following standards:
a. When there is more than one underlying zoning district, the more restrictive regulations shall apply. In addition, Disguised Wireless Facilities must comply with the following design requirements in order to be administratively approved; otherwise, a Conditional Use Permit is required:
(1) Maximum height—Sixty-five (65) feet in height from natural grade to the highest point of the pole or support structure for all Disguised Wireless.
(2) Required setbacks—The following minimum setbacks are required for a Disguised Wireless Facility:
(a) From another property zoned for residential purposes:
(i) Disguised Wireless Facility—Except as described below, a minimum of one hundred fifty (150) feet setback is required from another property zoned for residential purposes. For purposes of this standard, land uses that are permitted in residential zoning districts, including those that are designated for public spaces such as, but not limited to, schools, churches, golf courses, parks or government facilities shall be considered “residential purposes”.
The setback may be reduced to fifty (50) feet from a property that is zoned for residential purposes subject to obtaining a Conditional Use Permit pursuant to this Ordinance.
(ii) Wireless Facilities co-locating on public utilities—Except as described below, a minimum of one hundred fifty (150) feet setback is required from another property zoned for residential purposes. The setback from a property that is zoned for residential purposes may be reduced to a lesser distance or eliminated subject to obtaining a Conditional Use Permit pursuant to this Ordinance.
(b) From an adjoining property that is zoned for commercial or industrial purposes: No setback required except for perimeter landscape setback requirements.
(c) Streets: A minimum setback of twenty-five (25) feet from all public and private rights-of-way or access-ways, unless being located on a previously existing public utility pole or if a greater setback is required by the underlying zoning.
(d) Support structures or signs: The setbacks for any structure that is supporting a Disguised Wireless Facility must comply with the setback requirements of the underlying zoning district or this Ordinance if located on a sign.
(3) Restrictions on development in residential zoning districts—Disguised Wireless Facilities are permitted on residentially zoned properties subject to compliance with the above noted requirements and as follows:
(a) Public/quasi-public spaces—Disguised Wireless Facilities are permitted on residentially zoned property that are designated for public or quasi-public spaces such as, but not limited to, schools, churches, golf courses, parks or government facilities subject to obtaining a Conditional Use Permit pursuant to this Ordinance.
(b) Open space residential tracts—Disguised Wireless Facilities are permitted in tracts within residential subdivisions that are zoned or platted for open space or retention areas, subject to obtaining a Conditional Use Permit pursuant to the provisions contained in this Ordinance.
b. Design guidelines. A site plan must be approved by the Development Services Department demonstrating that the proposed Wireless Facility meets the definition of “Disguised”. The following minimum specifications shall apply to these types of Disguised Wireless Facility:
(1) Monopine or Broadleaf tree: A Monopine or Broadleaf tree must meet the following design guidelines:
(a) The pole structure must be built of steel or fiberglass and clad with faux bark. The faux bark shall start at the base of the pole and continue to the height of the first branch attachment. The balance of the pole structure and the attachments must be painted or colored and textured to blend with the faux branches.
(b) The diameter of the pole structure must not exceed thirty-six (36) inches at the base and shall taper to no greater than twenty-eight (28) inches at the top of the pole structure.
(c) All cables must be concealed within the pole structure.
(d) The faux branches must:
(i) Be constructed to a density of 2.5 branches for each one (1) vertical foot of pole, and
(ii) Start attachment at no greater than fifteen (15) feet above finished grade and continue to the top of the pole, and
(iii) Be a minimum of eight (8) feet long around the circumference of the lower level and shall taper appropriately as the branches progress upwards.
(e) The entire length of all antenna and their attaching apparatus shall be disguised by the branches and the antenna array shall not extend horizontally more than thirty (30) inches beyond the structure to which it is attached.
(f) Microwave dishes shall be limited to one (1) square foot in size and must be painted the same shade of green as the branches. The attaching apparatus must also be painted the same shade of green as the branches.
(g) No more than four (4) microwave dishes are permitted on each Monopine or Broadleaf tree.
(h) No climbing pegs are permitted on the pole structure.
(i) The installation of a Monopine or Broadleaf tree should be done in a manner that minimizes the removal of mature vegetation.
(2) Ball field light poles: Wireless Facilities may be added to legally existing or proposed Ball field light poles in compliance with the following design guidelines:
(a) The maximum allowable width of an antenna array is four (4) feet.
(b) The antenna array shall not extend horizontally more than thirty (30) inches beyond the structure to which it is attached.
(c) The maximum allowable length of each antenna is ten (10) feet.
(d) The diameter of the pole structure must not exceed thirty-six (36) inches.
(e) The addition of a Wireless Facility to a Ball field light must not increase the height of the light structure by more than ten (10) feet.
(f) All cables must be concealed within the pole structure.
(g) Microwave dishes shall be limited to two (2) square feet in size.
(h) No more than two (2) microwave dishes are permitted on each Ball field light pole.
(i) All microwave dishes, antennas, and attaching apparatus must be painted to match the Ball field light pole.
(j) The installation of ball field light poles should be done in a manner that minimizes the removal of mature vegetation.
(3) Water towers/tanks: Wireless Facilities incorporated into Water towers or Water tanks must meet the following design guidelines:
(a) The maximum allowable width of an antenna array is four (4) feet.
(b) The antenna shall not extend more than eighteen (18) inches from the structure to which it is attached.
(c) The maximum allowable length of each antenna array is ten (10) feet .
(d) The addition of a Wireless Facility must not increase the height of the Water tower/tank structure.
(e) All cables must be concealed within the support structure or fully enclosed within a cable shroud.
(f) Microwave dishes shall be limited to two (2) square feet in size.
(g) No more than two (2) microwave dishes are permitted on each Water tower or Water tank.
(h) All microwave dishes, antennas, cable shrouds and attaching apparatus must be painted to match the Water tower or Water tank.
(i) The installation of a Water tower or Water tank should be done in a manner that minimizes the removal of mature vegetation.
(4) Existing public utility poles: The Town encourages Wireless Facilities to be added to existing public utility poles, subject to the following design guidelines:
(a) Twelve kilovolt (12 kv) utility poles:
(i) The antenna shall not extend more than twelve (12) inches from the structure to which it is attached.
(ii) The maximum allowable length of all antenna added to a 12 kv utility pole is ten (10) feet.
(iii) The addition of a Wireless Facility to an existing public utility pole must not increase the height of the public utility pole by more than ten (10) feet.
(iv) All cables must be concealed within the public utility pole or a cable shroud.
(v) Microwave dishes shall be limited to two (2) square feet in size.
(vi) No more than two (2) microwave dishes are permitted on each public utility pole.
(vii) All microwave dishes, antennas, cable shrouds and attaching apparatus must be painted to match the public utility pole.
(b) Sixty-nine kilovolts (69 kv) or larger utility poles or lattice-type tower structures:
(i) The maximum allowable width of an antenna array is four (4) feet.
(ii) The antenna array shall not extend more than thirty (30) inches from the structure to which it is attached.
(iii) The maximum allowable length of each antenna is ten (10) feet.
(iv) The addition of a Wireless Facility to an existing public utility pole must not increase the height of the public utility pole by more than ten (10) feet.
(v) All cables must be concealed within the public utility pole or a cable shroud.
(vi) Microwave dishes shall be limited to two (2) square feet in size.
(vii) No more than two (2) microwave dishes are permitted on each public utility pole.
(viii) All microwave dishes, antennas, cable shrouds and attaching apparatus must be painted to match the public utility pole.
6. Visible Wireless Communication Facilities. Visible Wireless Facilities used by a governmental agency for public safety purposes are permitted in all zoning districts subject to 4.25.E.2. of this UDO section. All other Visible Wireless Facilities are permitted only in the Commercial and Industrial Zoning Districts and must comply with the following standards in order to be approved administratively:
a. When there is more than one underlying zoning district, the more restrictive regulations shall apply. In addition, Visible Wireless Facilities must comply with the following:
(1) Maximum height for Administrative Approvals —Eighty (80) feet from natural grade to the highest point of pole or fifteen (15) feet higher than the height of the top of the building to which it is mounted (see also side mounted antenna height limitations below). Proposals in excess of the maximum height allowances above require a Conditional Use Permit.
(2) Required setbacks—The following setbacks are required:
(a) From another property zoned for residential purposes: A minimum setback of three hundred (300) feet is required. For purposes of this standard, land uses that are permitted in those residential zoning districts, including those that are designated for public spaces such as, but not limited to, schools, churches, golf courses, parks or government facilities shall be considered “residential purposes”.
(b) From an adjoining property that is zoned for commercial or industrial purposes: No setback required except for any required perimeter landscape setback standards.
(c) Streets: A minimum setback of seventy-five (75) feet from all public and private rights-of-way or access ways, unless a greater setback is required by the underlying zoning.
(d) Hillside: No Visible Wireless Facility shall be installed on a property in or within five hundred (500) feet of a sensitive view shed, ridgeline or hillside.
b. Design guidelines. A site plan must be approved by the Development Services Department demonstrating that the proposed Visible Wireless Facility meets the following minimum specifications:
(1) The maximum allowable width of an antenna array is four (4) feet.
(2) The antenna array shall not extend horizontally more than thirty (30) inches beyond the structure to which it is attached.
(3) The maximum allowable length of each antenna array is ten (10) feet.
(4) The diameter of the pole structure must not exceed forty (40) inches.
(5) All antenna cables must be concealed within the pole structure or a cable shroud.
(6) Microwave dishes shall be limited to two (2) square feet in size and must be painted the same color as the Visible Wireless Facility.
(7) No more than two (2) microwave dishes are permitted on each Visible Wireless Facility.
(8) All microwave dishes, antennas, cable shrouds and attaching apparatus must be painted to match the Visible Wireless Facility.
(9) Antennae mounted on the side of a building shall be permitted subject to the following provisions:
(a) The antenna must not extend above the existing profile of the building or project more than twelve (12) inches from the building face.
(b) The antenna shall be integrated into the building design in a manner that is compatible with the architectural style and coloring of the structure, considers the context and placement of the antenna on the structure, and minimizes its visual impact.
(c) Requests to exceed the established building profile shall be subject to securing a use permit in accordance with the provisions of this UDO when it is demonstrated that the architectural element to which the antennae are attached is integrated with and in proportion to the building design.
(10) The installation of a Visible Wireless Facility should be done in a manner that minimizes the removal of mature vegetation or the disturbance of natural vegetation. To ensure compliance, the following shall be done:
(a) If required by the Development Services Department , a plant inventory of the Wireless Facility and equipment enclosure or shelter site (if no enclosure used) and a re-vegetation/salvage plan shall be submitted for review and approval at the time of site plan review; and
(b) Any trenching or site disturbance shall be re-vegetated to match the existing or natural vegetation, and
(c) No protected plant species shall be disturbed during construction unless re-vegetated as part of an approved salvage plan.
7. Equipment enclosures, support equipment and structures. Wireless Facilities include different types and sizes of support equipment and accessory structures needed to accommodate each antenna. No site plan for a Wireless Facility shall be approved unless the following standards can be met:
a. Not permitted—An equipment enclosure and all support equipment must not be located within the required perimeter landscape setback(s) of a development.
b. Equipment enclosure—The following standards apply to equipment enclosures:
(1) Shall be screened primarily by a six (6) or eight (8) foot chain link fence, decorative solid block or masonry perimeter wall, as required by staff. No more than five (5) percent of each wall facade may be constructed of alternative materials, including see through materials, as approved by the Development Services Department when deemed to be appropriate for security purposes.
(2) All entry gates visible from public streets or access ways shall be constructed of sight-obscuring material approved by the Planning and Development Services Department .
c. Equipment shelter—The following standards apply to equipment shelters:
(1) Maximum height permitted is eight (8) feet in residential zones, fourteen (14) feet in industrial and commercial zones, to be measured from finished grade or roof-top elevation of a supporting structure. Below grade shelters are permitted.
(2) An equipment shelter shall meet minimum setbacks on the lot or parcel.
d. Ground-mounted cabinets—Ground-mounted cabinets shall comply with the following:
(1) Maximum area shall not exceed three hundred (300) square feet for a single wireless Communications provider.
(2) Maximum height permitted is eight (8) feet, to be measured from finished grade elevation.
(3) Ground-mounted cabinets that are visible from a public street or access-way must be located within an equipment enclosure, equipment shelter or enclosed building.
(4) Ground-mounted cabinets are not permitted to be constructed within the front yard setback of a residential zoning district.
e. Other screening allowances—If the support equipment is screened from view from a public street or accessway, alley, or adjacent property by a permanent perimeter or interior wall, fence or structure that is permanent, no separate wall is needed around the equipment enclosure.
f. Illumination—Equipment enclosures or shelters shall not be externally illuminated.
g. Noise level—The average noise level of the support equipment, measured at any property line that is zoned for residential purposes, must comply with existing code requirements and nuisance abatement codes.
F. CONDITIONAL USE PERMITS
1. General. There is hereby created for this section only a Conditional Use Permit for Wireless Towers, Facilities and Antennas which may be granted by the Town Council as follows:
a. If the Wireless Facility, tower or antenna is not an administratively permitted use under this Ordinance, a Conditional Use Permit shall be required for the construction of a tower or the placement of an antenna in all zoning districts.
b. Applications for Conditional Use Permits under this Section shall be subject to the procedures and requirements of this Ordinance, except as modified in this Section.
c. In granting a Conditional Use Permit, the Town Council may impose conditions to the extent such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties. Such Conditions of Approval (COAs) shall be incorporated into the building permit Process and made a part of the final building inspection process and records. The Town will not conduct any Final Inspection nor will it issue a Certificate of Occupancy unless all COAs required in the zoning process are satisfied.
d. Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by an Arizona licensed professional engineer.
e. An applicant for a Conditional Use Permit shall submit the information and certifications described in Section 4.25.D., E., H., I. and L. and a non-refundable fee established pursuant to a Resolution of the Town Council.
f. A Conditional Use Permit issued under this Section shall be conditioned upon verification by the Town Engineer or his/her designee that such facility and/or tower structure (and any appurtenances thereto) is structurally sound. Such verification shall be received by the applicant prior to submission and shall be reviewed annually.
G. MINIMUM SETBACKS
1. Setbacks. The setback requirements shall apply to all wireless facilities, towers and antennas as required in the UDO; provided, however, that the Town Council may reduce the standard setback requirements if the goals of this Section would be better served thereby. Requests for relief from setback requirements beyond those set forth in the UDO will result in the application being processed as a conditional use.
H. BUILDINGS OR OTHER EQUIPMENT STORAGE
1. Town Council may reduce the standard building and equipment structure requirements if the goals of this Section would be better served thereby. Requests for relief from such requirements beyond those set forth in the UDO will result in the application being processed as a conditional use.
I. CO-LOCATION
1. Required. Any new tower constructed in connection with an application under this Section shall be constructed so that it is suitable for co-location.
2. Good faith. Applicants, additional users and permittees shall exercise reasonable good faith efforts to cooperate in co-locating wireless telecommunications facilities on the same support structures or site. For the purposes of this section only, a “site” may accommodate more than one (1) tower and its accompanying equipment; provided, however, that no “site” shall exceed ten (10) acres.
3. Exceptions. The Town Council may, upon a determination that the Town's citizens would be better served, waive any portion of the requirements of this subsection.
4. Violation; penalty. Failure to comply with co-location requirements may result in denial of a permit request or revocation of an existing permit.
J. REMOVAL OF ABANDONED WIRELESS FACILITIES, ANTENNAS AND TOWERS
Any wireless facility, antenna or tower that ceases to be used or fails to operate for a period of ninety (90) consecutive days shall be considered abandoned, and the owner of such wireless facility, antenna or tower shall remove the same within ninety (90) days after such abandonment. If such tower or antenna is not removed in a timely fashion, the Town may give written notice to the owner that it will contract for removal within thirty (30) days following said notice. Thereafter, the Town may cause removal at the sole cost of the owner.
K. PRE-EXISTING and NONCONFORMING USES
1. No expansion of nonconforming use. Wireless facilities and towers that are constructed and antennas that are installed, in accordance with the provisions of this chapter shall not be deemed to constitute the physical expansion of a nonconforming use or structure.
2. Preexisting wireless facilities, antennas and towers. Preexisting wireless facilities, antennas and towers shall be allowed to continue their usage as they presently exist and shall be allowed to accommodate additional collocations to the tower site that are proposed in compliance with standing code and design requirements. Routine maintenance and the replacement of failed equipment with “like for like” equipment shall be permitted on such preexisting (and possibly non-conforming) wireless facilities, antennas and towers. “Like for Like” replacement shall include replacement of equipment with newer equipment that is in substantial dimensional conformity with the approved original equipment. Replacement equipment shall conform to site design requirements and any color or surface treatments required to ensure compatibility with the existing, standing wireless facility, antennas or tower. “Like for Like” maintenance shall not allow the introduction of additional equipment that is visible to the casual observer or was not approved in the standing permit for the wireless facility, antennas or tower. Maintenance and replacement of equipment that does not comply with the above “Like for Like” requirements will require permits and inspections. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this chapter.
3. Rebuilding damaged or destroyed nonconforming wireless facilities, towers or antennas. Notwithstanding other provisions of this Section, lawful nonconforming wireless facilities, towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain a Conditional Use Permit and without having to meet the requirements specified in subsections 4.25.G.1 and 2. The type, height, and location of the tower on-site shall be of the same type and intensity as the original facility approval; building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within ninety (90) days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in subsection 4.25.J.
L. NOTICE
1. Permit/Entitlement holders operating wireless facilities within the Town shall be required to
provide updated notice and contact information to the Town if/when ownership of the facility changes. Such notice and information shall be provided to the Locality within 60 days of change of ownership.
2. Wireless facilities within the Town shall display informational signage on the gate of the wireless facility. Sign shall be four feet by four feet in size and shall indicate the site name/number and emergency contact information (phone number) of the facility owner or party responsible for the operation and maintenance of the facility. Such signage and information shall be present in order for final inspection and certificate of occupancy to be approved.
(Ord. 06-678, passed 11-9-2006; Ord. 13-767, passed 3-26-2013)
4.27 ANIMALS AND PETS
1. Household pets. The keeping of “pets” such as dogs and cats are allowed in all zoning districts. This provision also allows for the keeping of indoor birds (such as parrots, parakeets and canaries). Fish and other pets which will at all times be kept within a fully enclosed dwelling or accessory building provided there are not odors, noise, insects, or other nuisances caused by the keeping of such animals which would affect the health and welfare of the occupants of surrounding properties, but not non-household animals as defined below.
2. Non-household animals. The keeping of non-household animals such as horses, cattle, sheep, goats, swine, or any breed, strain, or crossbreed thereof, bees, poultry and other non-household birds shall be prohibited except in those zoning districts in which they are specifically allowed.
3. Project animals. This provision is intended to allow for the non-commercial keeping of non-household animals as “project animals” officially associated with the 4-H or Future Farmers of America in residential zones where they are not specifically allowed. The keeping of up to nine (9) “project animals” shall be allowed on premises. Any one (1) project may include up to three (3) adult rabbits, poultry (except roosters and geese, which are not permitted), or other non-hoofed animals.
a. Annually a completed form, prescribed by the Development Services Department , with name and physical address of each applicant and type, duration and number of animals of each project shall be submitted to the Development Services Department by said resident-poultry, rabbits and other small animal projects shall be allowed in any residentially zoned lot less than one (1) acre by special permit only.
b. Pens, stables, cages and other shelters for such animal projects shall not be located in the required front or street-side yard setback or closer than ten (10) feet to any property line. All such structures shall be kept in a neat and sightly manner and shall be controlled daily from refuse, manure, flies and other nuisances at all times. Storage of feed, equipment and other material related to such animals shall be kept within an enclosed building.
4. Nuisance. Where the keeping of such project animals becomes a nuisance, the Development Services Director shall have the authority to require a reduction in the number of and/or removal of such animals. Normally the Director will allow a ten (10) day grace period for compliance to the Ordinance. In exceptional cases the Director shall require immediate removal of such animals.
a. The provisions of the Ordinance are not intended to authorize the keeping of animals, regardless of number, size or type, in a manner which constitutes a nuisance and which impairs the enjoyment or use of nearby properties or violates other legal applicable land use restrictions the properties are subject to.
b. Performance standards
i. Odors: emission of odorous gases or other odorous matter shall be contained in such quantities so as not to be offensive, or create a public nuisance or hazard. Odors normal to the raising of livestock will not be considered a violation of performance standards unless such odors are excessive due to overcrowding, poor sanitation or other poor management.
ii. Burning for agricultural purposes or other purposes as permitted by the Chino Valley Fire District shall be exempted from the above performance standards.
(Ord. 08-707, passed 10-23-2008)
4.28 FRONT YARD AND STREET SIDE YARD BUILDING SETBACKS WHEN ADJACENT TO A STREET
A. Intent: define where front and street side yard setbacks shall be measured in anticipation of future required right-of-way dedications.
B. Setback requirement: all of the setbacks shall be measured from the subject parcel’s front or street side yard property line. If additional right-of-way is required along the parcel’s front or street side property line, then the setback shall be measured from the anticipated property line after dedication of required right-of-way.
C. Arterial Streets
1. Arterial street. Building setbacks shall be 20 feet from the property line. If additional right- of-way is need to obtain the total 80-foot right-of-way width required for arterial streets, then the setback shall be 20 feet from the anticipated property line after all necessary right-of-way dedications are made.
2. State Route 89. Building setbacks shall be 50 feet, measured from the property line. If additional right-of-way is needed along State Route 89 then the setback shall be 50 feet from the anticipated property line after all necessary right-of-way dedications are made.
3. Streets classified as arterial streets:
a. Road 6 North
b. Road 5 North
c. Road 4 North
d. Road 3 North
e. Road 2 North
f. Center Street
g. Road 2 South
h. Outer Loop Road/Road 4 South
i. Road 5 South
j. Road 1 East
k. Road 1 West
l. The East Side of Reed Road; and
m. Perkinsville Road
D. Collector streets
1. Building setbacks shall be 20 feet from the property line. If additional right-of-way is needed to obtain the total 80-foot right-of-way width required for collector streets, then the setback shall be 20 feet from the anticipated property line after all necessary right-of-way dedications are made.
2. Streets classified as collector streets:
a. Road 4½ North
b. Road 3½ North
c. Road 1 North
d. Road 1 South
e. Road 3 South
E. Local streets
Building setbacks shall be 20 feet from the property line. If additional right-of-way is needed to obtain the total 50-foot right-of-way width required for local streets, then the setback shall be 20 feet from the anticipated property line after all necessary right-of-way dedications are made.
F. Arterial street side yard setback exemptions.
Properties shall be permitted to utilize a 10-foot reduced arterial street-side setback if the following conditions have been met:
1. The arterial street adjacent to the property was previously required to have 50-foot half street improvements, but for which the requirement is not 40-foot half street improvements.
2. The required 50-foot half-street improvements were provided prior to the reduction to the 40- foot required half street improvements.
3. The minimum setback from the front of a garage to the street is maintained at not less than a 20-foot setback from an existing street.
(Ord. 08-707, passed 10-23-2008; Ord. 2021-894, passed 1-12-2021)
4.29 DESIGN CONCEPTS
A. Development goals: protect investment in the community by encouraging consistently high quality development and promote projects that are suitable in the context of a southwest environment.
B. Applicability: to achieve these goals, the design concepts apply to all new commercial developments and redevelopment or remodeling of existing commercial developments where more than 50% of the exterior of the structure will be substantially modified.
1. Site planning. The relationship to existing residential development:
a. Position trash enclosures, compactors, truck loading areas and outdoor storage away from residential uses to the extent practical.
b. Locate drive-through lanes away from adjoining single-family and multi-family developments. Locate speakers and menu boards so that noise is not directed toward residential uses and incorporate a screen wall and landscaping to lessen noise.
c. Construct a masonry wall to separate a residential development from a proposed commercial development and plant large evergreen trees in the required landscape area to buffer the residential use.
d. Strive to minimize driveway cuts on State Route 89 and arterial streets by providing vehicular cross-access easement s and shared access driveways between adjacent commercial projects.
2. Signage:
a. Screen restaurant menu boards from adjacent public rights-of-way and adjacent properties.
3. Landscaping: provide landscaping that is ten (10) percent above the requirements of the minimum landscaping pattern requirements.
4. Lighting:
a. Locate light poles in landscaped areas. Paint concrete light pole bases to match the primary color of the building or finish the bases to match parking screen walls.
b. Highlighting of unique or special features of the site. Such as architectural features. Specimen trees and artwork with accent lighting should be considered.
c. Use decorative wall-mounted sconces or light fixtures when building lighting is proposed on elevations away from residential uses.
C. Building design:
1. Massing: the visual impact of a building depends not only on its size, but also on the relationship between its length, width and height.
a. Building mass should be broken into smaller elements, consistent with the proportions of the architectural style selected and surrounding uses.
b. In large multi-building projects, vary the size, massing and height of the buildings in relation to each other.
c. Reduction of building mass may be achieved by using a combination of the following techniques:
i. Variation in the rooflines and form.
ii. Use of ground level arcades and covered areas.
iii. Use of protected and recessed entries.
iv. Use of vertical elements on or in front of expansive blank walls.
v. Addition of windows on elevations facing streets.
2. Design:
a. Provide weather and sun protection, such as overhangs, awnings and canopies.
b. Predominant exterior building materials should be of high quality and durable. These include, but are not limited to:
i. Brick, adobe, mortar washed slump block.
ii. Stone, natural or faux.
iii. Integral color, sand blasted or stained textured masonry.
iv. Split-face or scored concrete masonry units.
v. Textured tilt-up concrete panels.
vi. Stucco.
vii. Metal roofs.
viii. Concrete and clay tile roofs.
ix. Clear and tinted glass.
x. Architectural metal.
c. Predominant exterior building materials should not include the following:
i. Un-textured tilt-up concrete panels.
ii. Pre-fabricated steel panels.
iii. Corrugated metal.
iv. Highly reflective glass.
v. Grooved plywood.
d. The front elevation colors should possess low reflectivity characteristics, and respect the diversity of color in the southwest.
(Ord. 10-729, passed 7-22-2010; Ord. 15-798, passed 6-23-2015)
4.30 COMMERCIAL GREENHOUSE STANDARDS
A. In commercial or industrial zoning districts:
1. No greater than ten (10) percent of the floor area shall be used for retail sales or restaurants which shall be an accessory use to the greenhouse use.
2. No greater than twenty (20) percent of the floor area shall be used for entertainment purposes, which shall be an accessory use to the greenhouse use.
B. In agricultural/residential zoning districts, no greater than ten (10) percent of the floor area shall be used for the sale of farm produce that is primarily grown on site or other accessory uses.
(Ord. 11-738, passed 1-11-2011; Ord. 13-779, passed 12-10-2013)
4.31 MEDICAL MARIJUANA DISPENSARIES, OFF-SITE CULTIVATION SITES AND INFUSION FACILITIES
A. All medical marijuana facilities shall comply with the regulations set forth in this section.
B. All medical marijuana cultivation facilities shall be wholly contained within an enclosed, locked facility as defined in A.R.S. § 36-2801(6).
C. Prior to the issuance of a certificate of occupancy, a medical marijuana facility shall provide written evidence of the following from the appropriate state regulatory agency:
1. The proposed facility is in compliance with all applicable state regulatory agency and state law requirements.
2. Any application submitted to and approval granted by a State regulatory agency.
3. In addition to the documents required in Subsections C.1. and C.2., above, an applicant for an infusion facility, whether located within a dispensary or cultivation facility, shall provide certified copies of all approved permits and licenses required by Local Heath Department.
4. In addition to the documents required in Subsections C.1. and C.2., above, an applicant for a dispensary shall provide:
a. A complete list of the cultivation and infusion facilities from which the dispensary will receive medical marijuana or medical marijuana infused products. Said list shall include:
(I) The name and physical location of the cultivation or infusion facility;
(ii) The number of any state license granted by the state regulating agency to the cultivation or infusion facility;
(iii) The name and contact information for each and every member of the board of directors of the cultivation and/or infusion facility.
b. A copy of the operating procedures submitted to and approved by the state regulatory agency.
5. In addition to the documents required in subsections C.1. and C.2., above, an applicant for a cultivation facility shall provide a complete list of all dispensaries for which the cultivation facility will cultivate medical marijuana, including:
(I) The name and physical location of the dispensary;
(ii) The number of any license granted by the regulatory agency; and
(iii) The name and contact information for each and every member of the board of directors of the dispensary.
D. The following separation requirements shall apply to all medical marijuana facilities:
1. Five hundred (500) feet from any school, public or private.
2. Five hundred (500) feet from any public park, public building, or public community center.
3. Five hundred (500) feet from any drug or alcohol rehabilitation facility or correctional transitional housing facility.
4. Five hundred (500) feet from any residential zoning district.
5. Five hundred (500) feet from the nearest edge of the right-of-way of State Route 89.
E. There shall be no retail sales, restaurant, food service, or entertainment activities within a medical marijuana cultivation facility.
F. Dust, fumes, odor, or vapors emitting from any cultivation or infusion facility shall be mitigated to minimize impact on surrounding properties. Mitigation includes, but is not limited to, the following: ventilation of buildings, dust control, and/or installation and use of devices designed to minimize dust, fumes, odors, or vapors.
G. All medical marijuana facilities shall be located in a permanent building or structure. No such facility shall be allowed to locate in a trailer, cargo container, or motorized vehicle.
H. The total square footage of a medical marijuana dispensary facility shall not exceed two thousand (2,000) square feet.
I. There shall be no consumption of medical marijuana on the premises of any medical marijuana facility.
J. Entry into limited access areas within a medical marijuana facility is restricted to medical marijuana dispensary agents or persons accompanied by a medical marijuana dispensary agent.
K. Medical marijuana infusion facilities shall:
1. Be located on the same site as a dispensary or a cultivation facility.
2. On-site infusion facilities, whether attached or free standing, shall not occupy greater than twenty (20) percent of the gross floor area of the respective dispensary or cultivation facility.
3. There shall be no retail sales, restaurant, food service, or entertainment activities within a medical marijuana infusion facility.
L. All cultivation of medical marijuana shall take place within an enclosed, locked structure comprised of a roof and walls that fully obscure all plants and cultivation activities from public view and in compliance with the provisions of this code and Arizona state law. There shall be no outdoor cultivation of medical marijuana within the corporate boundaries of the Town.
(Ord. 13-779, passed 12-10-2013; Ord. 16-811, passed 1-26-2016; Ord. 16-816, passed 6-14-2016)
4.32 METAL STORAGE CONTAINERS
A. Purpose. The purpose of this section is to regulate the siting and use of metal storage containers on commercial, industrial, and larger residential lots while ensuring that the storage container is compatible with the zoning and the surrounding area through the reduction of visual prominence by placement, quantity, and paint.
B. General Requirements. When allowed, Metal Storage Containers shall meet the following development standards:
1. No metal storage container is allowed to be in any district not specifically authorized by this ordinance.
2. A primary structure is required on the property in order for any metal storage container to be allowed.
3. Metal storage containers shall be placed at the rear of any residential lot to reduce the visual prominence of the container.
4. Metal storage containers are for storage only. No human habitation or occupancy is allowed.
5. No modification of the metal storage container is allowed, other than painting and passive ventilation.
6. No addition of plumbing or electrical equipment is allowed.
7. When required to be painted, as set forth in Table 4.32-1, metal storage containers shall be painted a single color, either the color of the primary/closest structure onsite or an earth tone consistent with the surrounding terrain.
8. Metal storage containers shall not be placed in retention basins or known flood areas.
9. Metal storage containers shall not occupy any required off-street parking space.
10. Metal storage containers shall not be stacked without a valid Conditional Use Permit.
11. No graffiti, logos, or signage is allowed on metal storage containers.
12. Metal storage containers on properties along SR-89 shall be screened from public view or painted.
13. Temporary/seasonal (6-week) placement of metal storage containers in commercial and industrial zones is permissible with Administrative Approval of a Temporary Use Permit).
14. All metal storage containers placed on residentially zoned properties shall be painted. Those placed before September 11, 2024, must be painted no later than September 10, 2025, and those placed on or after September 11, 2024, must be painted within one year of placement.
C. Grandfathering. Metal storage containers existing in Chino Valley before September 11, 2024, are considered “grandfathered” and not retroactively required to comply with these regulations, with the exception of residential painting. Any containers placed after September 11, 2024, must comply with the standards in Section 4.32.
D. Containers by Zoning District. Table 4.32-1 below sets forth the number of metal storage containers allowed per zoning district.
Zoning District | Containers* Per Acre | Max. # | Paint Required | If Adjacent to SR-89: Paint/Screening Required |
Zoning District | Containers* Per Acre | Max. # | Paint Required | If Adjacent to SR-89: Paint/Screening Required |
AR-36 | 1 | 5** | X | X |
AR-5 | 1 | 5** | X | X |
AR-4 | 1 | 4** | X | X |
SR-2.5 | 1 | 2** | X | X |
SR-2 | 1 | 2** | X | X |
SR-1.6 | 1 | 1** | X | X |
SR-1 | 1 | 1** | X | X |
PL | 1 | 1** | X | X |
SR-0.16 | Prohibited | |||
SF-24,000 | Prohibited | |||
SF-12,000 | Prohibited | |||
PAD | Prohibited | |||
MR-1 | CUP | X | ||
MHP-4 | CUP | X | ||
OS | CUP | X | ||
CL | 5 | Along 89 | X | |
CH | 5 | Along 89 | X | |
I | 5 | Along 89 | X | |
* All containers are limited to 40' in length. Two 20' containers can be used in place of one 40' container in all zones where containers are permitted. | ||||
** For properties larger than the minimum acreage in the zone: for every five acres above the base acreage in the zone, an additional 40' container is allowed. | ||||
For all zones: Contractors and Homeowners may use metal storage containers in any zone for temporary storage of construction equipment, materials, or personal household items during construction that is authorized by a Town of Chino Valley building permit. The containers are allowed for the duration of the building permit. | ||||
Property owners requesting more than the maximum number of containers may apply for a CUP. | ||||
No new Metal Storage Containers permitted in HMU-designated areas of the 2040 General Plan. | ||||
(Ord. 2024-943, passed 9-10-2024)
4.33 RENEWABLE ENERGY FACILITIES
A. Roof-mounted solar panels are allowed on homes and parking structures, provided that making space for solar panels is not the primary purpose of the structure, and provided further that, on commercial properties, solar panels mounted on top of parking structures are limited to only the space over the minimum required parking stalls for the business. Installing additional parking stalls primarily to accommodate solar panels is not allowed.
B. Ground-mounted solar panels and arrays are allowed on individual residential properties if the power generated is used exclusively on-site, and the installation does not otherwise meet the definition of a utility-scale solar facility.
C. Ground-mounted, roof-mounted, and structure-mounted wind turbines are allowed on individual residential properties if the power generated is used exclusively on-site, and the installation does not otherwise meet the definition of a utility-scale wind farm. There can be up to one turbine per acre, with a maximum of three turbines per property. No wind turbine may exceed 35 feet in height without a conditional use permit granted in accordance with Section 1.9.3
, which the Council may grant in its sole and absolute discretion.
D. Battery energy storage systems are allowed in homes and businesses if the stored energy is used exclusively on-site.
(Ord. 2025-956, passed 9-23-2025)
4.21.1 PURPOSE
The purposes of this Sign Code are to establish reasonable regulations that:
A. Promote the public welfare and safety through the safe placement and installation of signs; and
B. Promote economic vitality for local businesses and services; and
C. Protect and enhance the Town's aesthetic interests by preventing over-proliferation of signs and maintaining a high quality of signs throughout the Town.
(Ord. 17-819, passed 3-14-2017)
4.21.2 PERMITS REQUIRED
A. Permit Required. Except as provided herein, it shall be unlawful for any person to construct, install, attach, place, paint, alter, relocate, or otherwise maintain any non-exempt sign in the Town without first obtaining a sign permit in conformance with this Sign Code.
B. Conflicts with other requirements. If provisions of this Sign Code are conflict with any other Town Code or Ordinance, the more restrictive requirement(s) shall apply. Signs maintained contrary to the provisions of this Sign Code are declared to be nuisances and may be abated as provided by law.
C. Fees. Sign permit fees shall be as adopted by the Council by resolution.
D. Sign Permit Application. No sign permit application shall be accepted if not submitted with full payment of all fees required. Application for a sign permit shall be made to the Development Services Department on forms provided by the Town and shall include at a minimum the following information:
1. Yavapai County Assessor's parcel number identifying the property where the sign will be located;
2. Street address, if any, legal description of the property, and dimensions thereof. If the parcel is not within a recorded subdivision, a metes and bounds legal description shall be submitted with the application;
3. Name, address and telephone number of the property owner and agent, if any;
4. Signature of applicant or agent;
5. Inventory of all existing signs on the property showing the type, dimensions, and location of each sign;
6. Fully dimensioned plans and elevations showing the dimensions, placement of copy, and location of each proposed sign in relation to the property line(s) and public right(s)-of-way;
7. Plans indicating the scope and structural detail of the work to be done, including all connections, supports, footings, and materials to be used;
8. Type, placement, and strength of illumination, if any and required information for an electrical permit for signage illumination;
9. Such other information as the Zoning Administrator may require for the purpose of determining whether the application complies with the Sign Code requirements;
E. Sign Permit Review; Timeframes.
1. Within ten business days of submission of an application for a sign permit, staff shall review the application for completeness. If the application is not complete, the applicant will be notified of the deficiency via email, telephone, or first class mail.
2. Within thirty business days of receipt of a complete application, Town staff shall review the application for compliance with the regulations set forth in this Code and in the Town Code, as applicable, and shall issue the permit or notify the applicant of deficiencies and the need for corrections.
F. Temporary Sign Permits. Signs with a limited duration of use, such as those provided in Section 4.21.6 shall obtain a temporary sign permit. The requirements and criteria for such signs are as follows:
1. Temporary sign permits shall be issued for no more than six months. The temporary sign shall be removed as soon as the business’ permanent sign is installed or six months, whichever occurs first.
2. The temporary sign permit shall not be renewable.
3. Temporary signs shall conform to all other requirements of this Code.
4. Special event (promotional) signs and auxiliary signs do not require temporary sign permits.
G. Exempt Signs. The following types of signs are exempt from the permitting requirements but shall comply with all other requirements and standards set forth in this Sign Code. No business shall have more than two (2) exempt signs and no more than two (2) exempt signs may be located on any residential lot, except as provided in the following table:
Description | Type | Number Permitted | Maximum Area and Height |
Description | Type | Number Permitted | Maximum Area and Height |
Official notices authorized by a court, public body or public safety official | No limit | ||
Government Signs | Wall or ground-mounted standard | No limit | No limit |
Posters | No limit | ||
Temporary non-commercial directional signage | A-frame | Three (3) | 12 square feet total |
Temporary use permit signage (see Section 3.15(D)(2)(f)) | Banner, pennant, flags | Ten (10) | 200 square feet maximum |
Sign for temporary event held by non-profit charitable organization (as designated under Section 501(c)(3) of the Internal Revenue Code) with a permanent location inside Town’s incorporated limits | Banner, pennant, flags | Two (2) | 48 square feet maximum |
Signs located within structures in Commercial zoning districts | Window Signs | No limit | |
Signs on residentially zoned property | Wall, window, or ground-mounted | ||
Signs required to be relocated by the Town or other governmental agency | |||
H. Special event (promotional) signs and auxiliary signs shall be subject to the following:
1. No special event (promotional) or auxiliary signage shall be allowed for any business until such time as the business obtains and installs, at a minimum, a wall-mounted permanent sign.
2. An aggregate of up to two (2) special event (promotional) signs or auxiliary signs are permitted in addition to the permanent signs allowed for a business. The number and size of the special event (promotional) signs or auxiliary signs are determined by the zoning of the property as shown in the table in section 4.21.6, Temporary Signs and Auxiliary Signs. If the business wants to display a new special event (promotional) sign or auxiliary sign, then one or more of the existing signs on display must be taken down to ensure the total square footage requirements are maintained.
3. Special event signs, auxiliary signs, and A-frames may be displayed year-round, so long as the signs remain in good repair.
(Ord. 17-819, passed 3-14-2017; Ord. 2020-878, passed 1-28-2020)
4.21.3 GENERAL SIGN REGULATIONS
A. The regulations, requirements, and provisions set forth in this Chapter shall apply to all signs erected, placed, or constructed within the Town.
B. All signs shall be structurally designed, constructed, erected, and maintained in conformance with all applicable Technical Codes and regulations.
C. Signs shall not be constructed or located in a manner that interferes with pedestrian or vehicular travel, obstructs free and clear vision of traffic, poses a hazard to either pedestrians or vehicles, or in such a manner to confuse, distract, or interfere with traffic and/or pedestrians.
D. Signs shall be located a minimum of six feet (6') from property lines.
E. All signs and sign structures, conforming and non-conforming, shall be maintained in good order, repair, and appearance at all times so as not to constitute a danger or hazard to the public safety or create visual blight as determined by the Zoning Administrator or his/her designee.
G. A non-commercial sign may be located in any location that a commercial sign is permitted and shall comply with the regulations set forth in this Chapter for that location.
H. Off-Site Signage is prohibited, except as specifically set forth in this Section. In order to be permitted to have off-site signage, the following conditions must be met:
1. The property on which the business requesting the off-site signage is located shall be no further than 1/4 mile from SR 89.
2. The business owner shall obtain permission pursuant to a non-revocable license, in a form provided by the Town, from an owner of commercial property fronting on SR 89, granting the off-site business the right to construct a new freestanding sign on the commercial property or to add the off- site business nameplate to an existing freestanding or monument sign. If no existing freestanding or monument sign exists, a new sign may be constructed to provide signage for the onsite businesses with additional nameplates for off-site signage opportunities; provided, that any signage on such new freestanding or monument sign shall be calculated as part of the total allowable signage for each business.
3. The non-revocable license granted by the owner of the commercial property fronting SR 89 shall include a specific depiction of the location of the sign and a specific time limit or expiration date for the license. If the license has not been extended at the conclusion of the time period, the sign must be removed. The license shall be valid for the time period stated and shall not be terminated if the underlying property or the related business is sold during that time period.
4. Off-site signage shall require a sign permit. The signature of the owner of the commercial property fronting on SR 89 on which the sign is proposed shall be required on the application. A copy of the signed license shall be submitted as part of the application.
5. Off-site signage shall conform to all other aspects of permanent signage as defined in Section 4.21 of this Chapter (i.e., freestanding, monument, etc.).
6. Off-site signage shall not be allowed on vacant property.
7. The business requesting off-site signage shall be required to have a permanent sign on-site prior to approval of any off-site signage. The square footage of the off-site signage shall be deducted from the total allowable signage of that type on the site the business is located.
8. No temporary or auxiliary off-site signage shall be permitted; such signage shall only be allowed on the property on which the business is located.
9. All off-site signage shall comply with the Outdoor Lighting ordinance found in Section 4.24 of this Chapter.
10. Signage shall meet minimum required setbacks. Signage is prohibited from being located in the public rights-of-way.
11. The Town shall not provide advice or direction to either part in discussions or negotiations regarding the license, other than to provide the form.
(Ord. 17-819, passed 3-14-2017; Ord. 2020-883, passed 7-28-2020)
4.21.4 MEASUREMENT OF SIGNS
A. Sign Area shall be measured as follows:
1. Sign copy mounted or painted on a background panel or area distinctively painted, textured or constructed as a background for the sign copy shall be measured as that area within the outside dimensions of the background panel or surface.
2. Sign copy mounted as individual letters and/or graphics against a wall or parapet of a building or other structure that has not been painted, textured, or otherwise altered to provide a distinctive background for the sign copy shall be measured as a sum of the smallest rectangles that will enclose each word and each graphic in the total sign copy.
3. Multi-face signs shall be measured as follows:
a. A two (2) faced sign shall be considered as one sign when determining the sign area, provided both faces are parallel or the interior angle between the two (2) sign faces is sixty degrees (60º) or less. If the interior angle is greater than sixty degrees (60º), the sign area shall be the sum of the area of the two (2) faces.
b. Where a sign has three (3) or more faces: the area of the sign shall be calculated as fifty percent (50%) of the sum of the area of all faces.
Multi-F ace Signs Non-Planar Signs
c. Where a sign is a spherical, free form, sculptural, figurative or other non-planar sign, the sign area shall be fifty (50%) percent of the sum of the area of the sides of the smallest polyhedron that will encompass the sign structure.
B. Sign Height.
1. Sign height shall be measured as follows.
a. Freestanding sign height shall be the vertical distance from the top of the highest element of the sign or sign structure to ground level. The monument base or other structure erected to support or ornament the sign shall be included as part of the sign height.
b. When a freestanding sign is located below the average grade of an adjacent roadway "ground level" shall be measured from the average grade of the adjacent roadway.
c. Wall or parapet-mounted sign height shall be the vertical distance to the top of the sign or sign structure from the base of the wall on which the sign is located.
(Ord. 17-819, passed 3-14-2017)
4.21.5 SIGN STANDARDS
A. Wall Signs.
Zoning District | Maximum Area | Maximum Height | Standards |
SR-.16, SR-1, SR-1.6, SR-2.5 | 4 sq. feet | No back light illumination | |
AR-36, AR-5, AR-4* | 8 sq. feet | No back light illumination | |
MR-1, MHP-4 Uses by Right* | 3 sq. feet | 6 feet above story floor level | May be illuminated. |
MR-1, MHP-4 Conditional Uses* | As approved in Use Permit | As approved in Use Permit | As permitted in Use Permit |
SR-.16, SR-1, SR-1.6, SR-2, SR-2.5, AR-4, AR-5, AR-36, MR-1, MHP-4 | 16 sq. feet | Institutional facility uses allowed by right within residential zoning districts. | |
CL, CH, I, PL and OS | See Speed Limit Table 4.21.5.A-1 Aggregate sq. footage = 200 sq. feet | Horizontal distance no greater than 80% of the width of the building Wall signs pertaining to any one (1) business within a complex, on a separate parcel or lot, or on a freestanding PAD shall be permitted on the exterior walls of the space occupied by the business. Where a building is situated on a corner of two roadways, the signage shall be calculated where the wall fronts each roadway. Where a wall does not face an adjacent roadway, 1 sq. ft. per linear foot of shall be permitted. |
*Not applicable to institutional facility uses allowed by right within residential zoning districts.
Speed Limit Table A-1 | ||
Speed Limit of Adjacent Roadway | ||
< 35 MPH | 35 MPH | > 35 MPH |
1.25 sq. ft. per linear foot | 1.5 sq. ft. per linear foot | 2 sq. ft. per linear foot |
B. Freestanding Signs.
Use | Zoning District | Maximum Area | Maximum Height | Standards |
Use | Zoning District | Maximum Area | Maximum Height | Standards |
Allowed by Right | OS, MR-1, MHP-4 | 32 sq. feet | 6 feet | Maximum of 2 freestanding monument signs may be permitted. May be illuminated. |
Subject to Conditional Use Permit | OS, MR-1, MHP-4 | Per Use Permit | Per Use Permit | Per Use Permit |
Institutional facility uses allowed by right in: | SR-.16, SR-1, SR-1.6, SR-2, SR-2.5, AR-4, AR-5, AR-36, MR-1, MHP-4 | 32 sq. feet | 6 feet | May be illuminated. |
Single Tenant Building | CL, CH, I, PL and OS | See Speed Limit Table 4.21.5.B-1 | May be illuminated. | |
Multiple Tenant Building | CL, CH, I, PL and OS | See Speed Limit Table 4.21.5.B-2 | May be illuminated. | |
Shopping Centers or Commercial Centers | CL, CH, I, PL and OS | See Speed Limit Table 4.21.5.B-2 | One sign may be permitted for every 500 ft. of street frontage; Maximum of 2 signs per street frontage. Individual buildings within the development and/or the PAD sites within the commercial center shall not be considered as separate developments for signage purposes. May be illuminated. | |
Drive Through Services | CL, CH, I, PL, and OS | 96 sq. feet | 8 feet | Sign area to be distributed between up to 3 signs, the faces of which shall not be visible from the public right-of-way. |
Speed Limit Table 4.21.5.B-1 | |||
Speed Limit of Adjacent Roadway | |||
< 35 MPH | 35 MPH | > 35 MPH | |
Maximum Area | .5 sq. ft. per linear ft. of lot frontage; not to exceed 32 sq. ft. | .5 sq. ft. per linear ft. of lot frontage; not to exceed 48 sq. ft. | .5 sq. ft. per linear ft. of lot frontage; not to exceed 48 sq. ft. |
Maximum Height | 8 ft. | 12 ft. | 12 ft. |
Speed Limit Table 4.21.5.B-2 | |||
Speed Limit of Adjacent Roadway | |||
< 35 MPH | 35 MPH | > 35 MPH | |
Maximum Area | 64 sq. ft. | 72 sq. ft. | 96 sq. ft. |
Maximum Height | 8 ft. | 12 ft. | 12 ft. |
C. Electronic Signs.
Uses | Zoning District | Maximum Area | Maximum Height | Standards |
Institutional facility uses allowed by right | SR-.16, SR-1, SR-1.6, SR-2, SR-2.5, AR-4, AR-5, AR-36, OS, MR-1, MHP-4 | 32 sq. ft. | 14 feet | 8 foot minimum height to bottom of sign panel. No flashing messages permitted. Minimum message display time: 6 seconds |
CL, CH, I, PL, and OS | Electronic Signs: Per Use Permit | Electronic Signs: Per Use Permit | Electronic Signs: As conditioned in Use Permit. | |
CL, CH, I, PL, and OS | Reader Panel Signs: 32 sq. ft. | Reader Panel Signs: 14 feet | 8 foot minimum height to bottom of sign panel. |
D. Awning Signs.
Zoning District | Maximum Area | Standards |
CL, CH, I, PL and OS | 1 sq. ft. per lineal foot of building frontage | Copy shall be placed on the valance of the awning. |
E. Shingle Signs and Projecting Signs.
Sign Type | Zoning District | Maximum Area | Maximum Height | Standards |
Shingle Sign | CL, CH, I, PL, and OS | 6 sq. ft. | 8 ft. minimum clearance between bottom of sign and sidewalk. One sign permitted per business. Sign shall not encroach into public right-of-way, including sidewalk. | |
Projecting Sign | CL, CH, I, PL, and OS | 9 sq. ft. | 8 ft minimum clearance between bottom of sign and sidewalk. One sign permitted per business. Sign shall not encroach into public right-of-way, including sidewalk. |
F. Parapet or Mansard Signs.
Sign Type | Zoning District | Maximum Area | Maximum Height | Standards |
Parapet or Mansard | CL, CH, I | 50% of the front face area of the parapet or mansard | Shall not project above the top of the parapet or mansard. |
G. Aggregate Signage Limits.
1. The total maximum aggregate signage shall not exceed two-hundred ninety-six square feet (296 sq. feet) for a single-tenant development.
2. The total maximum aggregate signage shall not exceed three-hundred sixty square feet (360 sq. feet) for a multi-tenant development.
3. Comprehensive Sign Packages may be approved by Planning and Zoning Commission and Town Council for multi-tenant developments with up to a 50% increase in total aggregate area.
4. The provisions above shall apply unless such guidelines are addressed in an approved comprehensive sign package.
5. Signage whose manner and placement has not been listed herein may be approved at the discretion of the Zoning Administrator or his/her designee.
6. A-frame signs shall be placed a minimum of five (5) feet out of the right-of-way on the property where the business operates provided such signs shall not obstruct pedestrian traffic. A-frame signage size allowance is calculated as part of the total allowable aggregate auxiliary signage square footage.
7. All temporary signs, special event (promotional) signs and auxiliary signs shall be placed (a) a minimum five (5) feet from the property line on which the business is located and (b) outside the public rights-of-way.
(Ord. 17-819, passed 3-14-2017; Ord. 2020-878, passed 1-28-2020)
4.21.6 TEMPORARY SIGNS, SPECIAL EVENT SIGNS AND AUXILIARY SIGNS
Sign Type | Zoning District | Maximum Area | Maximum Height | Standards |
Banner, Pennant, Streamer, Feather | CL, CH, I, Public, Institutional Facility | 48 sq. ft. aggregate | On-site only. Shall not be located above the roof of any building. Shall be maintained in good repair. | |
Banner, Pennant, Streamer, Feather | MR-1, MHP-4 | 24 sq. ft. | On-site only. Shall not be located above the roof of any building. Shall be maintained in good repair. | |
A-Frame | CL, CH, I, Public or Institutional Facility | Sizes limited to: 24" x 36" or 6 sq. ft. maximum. | May be made of wood, vinyl, metal, or other similar non-pliable material. Shall be on-site only. One (1) sign, not to exceed 6 sq. ft. total per business. Shall be maintained in good repair. Anything attached to the A-frame sign shall count against the total square footage allowed. |
(Ord. 17- 819, passe d 3- 14- 2017
; Ord. 2020-878, passed 1-28-2020)
4.21.7 PROHIBITED SIGNS
A. Any sign not specifically listed as permitted by this Chapter is prohibited, including, but not limited to the following:
1. Off-site commercial signs, except as specifically permitted in Subsection 4.21.3.H. of this Chapter.
2. Vehicle signs or signs mounted, attached, or painted on trailers, boats, or motor vehicles primarily or consistently parked, stored, or displayed in a manner intended to attract the attention of the public.
3. Signs attached to any utility pole, or structure, streetlight, traffic signal, tree, fire hydrant, bridge, park bench or other location on public property.
4. Signs that are animated, inflatable, or audible, or rotate or have intermittent or flashing illumination or emit audible sound or visible matter; except time and/or temperature units.
5. Signs displayed in a manner or location that prevents free ingress and egress from a door, window or other exit.
(Ord. 17-819, passed 3-14-2017; Ord. 2020-882, passed 7-28-2020)
4.21.8 NON-CONFORMING SIGNS
A. A non-conforming sign may continue to be utilized in perpetuity only in the manner and to the extent that it existed prior to the effective date of the provision of this Sign Code that first caused the sign to become non-conforming.
B. A non-conforming sign may not be altered in any manner not in conformance with the sign regulations in the zoning district in which it is located that are in effect at the time of the alteration, except for reasonable repair and maintenance of the sign or to change the copy provided that such change does not require structural alterations.
(Ord. 17-819, passed 3-14-2017; Ord. 2020-878, passed 1-28-2020)
4.21.9 VIOLATIONS; REMOVAL
A. Notice of Violation: Notice of violation of this Chapter shall be provided by a Code Compliance Officer to the property owner, person in control, or authorized agent of the property. The time periods provided for correction of the violation shall be:
1. Permanent Signs. A ten calendar day written notice shall be provided.
2. Temporary Signs. A two calendar day written notice shall be provided.
3. Portable Signs.
a. A two calendar day written notice shall be provided for Portable Signs other than those placed within the right-of-way.
b. A written notice is not required for Portable Signs placed within the right-of-way.
B. Authority to Remove.
1. The Code Compliance Officer is authorized to require removal of any sign installed in violation of this Chapter. The Code Compliance Officer may remove or cause to be removed any Temporary Sign which is not removed by the owner.
2. The Building Official is authorized to remove or require the immediate removal or repair without written notice of any unsafe sign that creates an immediate hazard to persons or property.
C. Removal by Town. In the case of a sign code violation where the offending sign has been removed by the Code Compliance Officer, the notice provided pursuant to Section 4.21.9(A) shall state the reason for its removal.
D. Recovery of Costs. The costs of removal or repair of a sign by the Town shall be borne by the person who installed the sign, and, if unknown, the owner or lessee of the sign and of the property on which the sign is located. If the Town incurs costs in the removal of repair of a sign, the Town may bring an action in Municipal Court or Superior Court to recover its costs.
(Ord. 06-678, passed 11-9-2006; Ord. 13-778, passed 11-12-2013; Ord. 14-784, passed 6-10-2014; Ord. 15-798, passed 6-23-2015; Ord. 17-819, passed 3-14-2017)
Editor’s Note:
The provisions of amending Ordinance 14-784 are set to expire on January 1, 2016
4.22.1 GENERAL PARKING REGULATIONS
Permitted land uses are required to provide for and maintain adequate parking to prevent traffic congestion and unsightly vehicular storage.
Regulations pertaining to required parking spaces and access thereto in the Town are established.
(Ord. 06-678, passed 11-9-2006)
4.22.2 OFF-STREET PARKING SPACES
Paved and drained space shall be provided.
A. For all uses except single-family residential uses, vehicular parking for a standard vehicle shall be in the form of a rectangle not less than ten (10) feet by twenty (20) feet, excluding driveways or aisles, with access to a public thoroughfare. Drive aisles/backup areas shall be a minimum of twenty-four (24) feet.
1. All such spaces shall be connected with a public or private street by an improved driveway not less than twenty (20) feet in length.
2. Off-street parking spaces for single-family detached residences may also be connected with a public street by an alley.
B. BOAT OR RECREATION VEHICLE SPACE. Spaces shall be provided in the form of a rectangle not less than ten (10) feet by twenty-four (24) feet, or larger as may be required to accommodate the unit, subject to the screening requirements of this Ordinance, or otherwise designated through Site Plan Review or Zoning approval.
(Ord. 06-678, passed 11-9-2006; Ord. 08-707, passed 10-23-2008)
4.22.3 ACCESS
An improved private access way shall be provided between a public or private street and parking areas, garages, carports and/or R.V. parking space.
A. DRIVEWAYS.
Driveway spacing - No access driveway shall be located closer than one hundred (100) feet from a collector and arterial street intersection.
No access driveway shall be located closer than fifty (50) feet from a local street intersection.
Commercial and industrial driveways shall have a minimum separation of two hundred (200) feet centerline to centerline (shared driveways and cross access are encouraged).
A reduction in spacing may be granted by the Town Engineer.
B. FRONT YARD.
Any vehicle that is not otherwise prohibited by the provisions of this Ordinance from being parked in the front yard of a single-family or two-family residence lot may be parked upon a driveway. (Ord. 06-678, passed 11-9-2006; Ord. 08-707, passed 10-23-2008)
4.22.4 PARKING DESIGN STANDARDS
Parking areas, required herein, shall be provided, improved and maintained in accord with the following specifications.
Parking Standards Pertaining to All Districts
A. PERMITS.
No building permit shall be issued until the applicant has presented satisfactory evidence to the Zoning Administrator, or his/her designee, that he owns or has otherwise available for their use, sufficient property to provide required parking.
B. GENERAL REQUIREMENTS FOR ALL SPACES.
1. All vehicular egress from parking lots to public right-of-way shall be by forward motion only, except in the case of single-family and two-family residences fronting on a local street or a primary or secondary collector street.
2. New construction and conversion of a residence to a commercial use: subject to the provisions contained in this subsection B., all required parking and loading spaces, maneuvering areas, driveways, and fire lanes shall be paved with asphaltic concrete over an A.B. base, concrete or masonry to a thickness and structure that will support the type and intensity of vehicular traffic generated by the proposed use. As the requirements may vary the paving cross section will require approval by the Town Engineer. The Town Engineer may also approve alternative surfacing such as “chip seal”.
3. Additions to existing structures: whenever an addition to an existing structure is proposed that enlarges the existing structure by fifty (50) percent or more then the above requirements in paragraph 2. above shall apply.
4. Change of use in an existing commercial building: the applicant shall provide a site plan indicating that the parking area is of sufficient size and adequate dimension to provide any additional parking that the new use may be required to provide in accordance with the requirements of this code. Whenever a change of use occurs the owner is encouraged to provide a dust free surface such as decomposed granite over the entire area that is dedicated to the required parking and maneuvering area and driveways.
5. Site development: when a site is to be developed for a commercial purpose allowed by the Unified Development Ordinance that does not include a building, the primary traffic lanes and any required parking area shall be surfaced in a manner and extent that is approved by the Town Engineer.
6. All areas of the parking lot must be at least ten (10) feet from front property lines and five (5) feet from rear and side property lines.
7. Tandem arrangement of required parking spaces is prohibited, except for handicapped parking spaces, and as otherwise permitted by this Ordinance.
(Ord. 06-678, passed 11-9-2006; Ord. 08-707, passed 10-23-2008; Ord. 11-738, passed 1-11-2011)
4.22.5 PARKING STANDARDS FOR NON-RESIDENTIAL OR MIXED USES
In case of mixed uses, the total requirements for off-street parking space shall be the sum of the requirements of the various uses computed separately.
A. MAINTENANCE.
It shall be the joint and separate responsibility of the lessee and owner of the principal use, uses or building to maintain in a neat and adequate manner, the parking space, access ways, striping, landscaping, and required fences or screening.
B. PARKING AREA IMPROVEMENTS.
For multiple-family residential, commercial , industrial and PAD districts, the following shall apply:
1. Parking areas shall be screened from street view and residential development by a berm and/or wall (minimum of three (3) feet in height), with landscaping.
2. Except where a wall is required, a minimum six (6) inch high curb or permanently attached or affixed bumper guard shall be constructed so that no part of a vehicle extends beyond the property line.
C. ACCESS.
Off-street parking space shall be connected with a public street by a paved driveway that affords safe and reasonably convenient ingress and egress. The minimum width of driveways shall be forty (40) feet if ingress and egress are the same. If ingress and egress are by separate drives, then the minimum width of each drive shall be twenty (20) feet.
D. PARKING SPACE LOCATION.
All required parking spaces for non-residential or mixed uses shall be located on the lot upon which the use is located or on an adjacent lot. Required parking spaces for multiple-family, commercial or industrial use may be located on an adjacent lot in another district (other than in a single-family residential district).
E. JOINT USE PARKING FOR PAD.
If an applicant for a mixed use PAD can demonstrate through a parking study supplied by the applicant and approved by the Development Services Director, or his/her designee, that the peak parking demand for the mixed uses will be less than the sum of the parking spaces required for each use served, a reduction in spaces may be allowed.
1. The approved joint use parking plan shall specify the typical hours of operation with anticipated periods of greatest parking demand for all uses within the development; and shall indicate the number, location and convenience of pedestrian access of all spaces available to serve each use.
2. The joint use parking plan shall remain on file with the Development Services Department for the purpose of monitoring the continuing adequacy of available parking.
3. At the time of joint use parking plan approval, or at any subsequent time when uses, intensities of use or hours of operation, may be expanded or otherwise change, or upon findings that the parking facilities are inadequate, the Development Services Director, or his/her designee, may require additional site area to be provided, and as necessary improved, to supply additional parking facilities.
(Ord. 06-678, passed 11-9-2006)
4.22.6 PARKING STANDARDS FOR RESIDENTIAL USES
A. PARKING SPACE LOCATION.
No part of any vehicle parked in the front yard of a single-family or two-family residence lot shall extend over the public right-of-way or sidewalk, pavement edge, or street curb where no sidewalk exists; nor shall any such vehicle be parked within the area formed by a ten-foot by ten-foot (10 x 10) triangle as measured from the point of intersection of the back of the sidewalk, or street curb where no sidewalk exists, and a side property line extended to the back of the sidewalk, or street curb where no sidewalk exists, when such side property line is within five (5) feet of a driveway or an improved parking surface located on an adjacent lot.
(Ord. 06-678, passed 11-9-2006)
4.22.7 PARKING SPACE ALLOCATION REQUIREMENTS
Requirements and directions for the allocation of parking spaces in all Districts are described for various land uses.
(Ord. 06-678, passed 11-9-2006)
4.22.8 DETERMINATION OF REQUIRED SPACES
Calculations to determine the required number of parking spaces, and the design of the space shall consider:
A. Minimum standards for parking space allocation shall be subject to the requirements of this Ordinance.
B. The maximum number of parking spaces provided shall not exceed the minimum number of spaces and an additional twenty (20) percent of parking spaces, except as otherwise provided in this Ordinance.
C. Parking lots shall be designed with a clear hierarchy of circulation with major access drives providing access from the major street, major circulation drives forming circulation through the parking area, and parking aisles whose purpose is to provide access to parking spaces.
D. Reciprocal access between adjacent commercial developments is required.
E. Large parking lots shall be divided into a series of smaller lots of approximately one hundred-fifty (150) spaces each, using raised landscape island(s) at least ten (10) feet in width, and at least five hundred (500) square feet in total area, located along the sides of the parking areas to separate large parking areas. Walkways should be considered as part of these landscape areas. Raised landscape strips at least five (5) feet wide and at least ninety-five (95) square feet in total area, should be located on the ends of parking rows, extending the full length of parking spaces. Additional landscape islands should be considered in the interior of the individual parking areas to provide shade and break up large expanses of parking area.
F. Parking areas may be combined and share the required landscape buffers.
G. Parking lots shall be separated from the sides of buildings by a raised walkway (with a minimum width of six (6) feet).
H. Alternative Design Standards: To provide flexibility in design and development of projects, alternative design standards are provided. The total number of parking spaces may be increased by ten (10) percent, above the maximum, however in no case may the total number of parking spaces be increased by more than forty (40) percent above the base maximum allowed.
I. In the case of fractional results in calculating parking requirements, the required number shall be rounded up to the nearest whole number if the fraction is 0.5 or greater.
J. All uses not specifically designated, or similar to a specified use, shall have parking space requirements determined by the Zoning Administrator.
K. Handicapped parking spaces: in multiple-family, commercial (excluding health care uses), and industrial districts, handicapped parking spaces shall be provided at the ratio of one (1) space for the first twenty (20) parking spaces provided, and one (1) space every twenty five (25) thereafter.
L. Handicapped parking spaces ratio for health care uses shall be as following:
1 - 10 Spaces | Require 1 HC Space |
11 - 20 Spaces | Require 2 HC Spaces |
21 - 30 Spaces | Require 3 HC Spaces |
31 - 50 Spaces | Require 4 HC Spaces |
51 - 75 Spaces | Require 5 HC Spaces |
1 HC Space | Each 25 thereafter |
M. Handicapped Parking Spaces shall use the “Universal Parkin g Space” dimensions for all new handicapped spaces within the Town.
DIMENSIONS: 11 X 20 WITH A 5-FOOT AISLE.THIS SIZE WILL ACCOMMODATE BOTH CARS AND VANS.
Parking Space Allocation Requirements
USE | MINIMUM STANDARDS |
USE | MINIMUM STANDARDS |
Residential: | |
Single residences, duplexes, detached dwellings | 2 spaces per dwelling unit |
Mobile home | 1 space per unit |
Multiple residence, apartments: | |
Efficiencies, studios | 1 space per dwelling unit |
One-two bedroom unit | 1.5 spaces per dwelling unit |
Two + bedroom unit | 2 spaces per dwelling unit |
All apartment developments with 5 or more units shall also provide guest parking and recreational vehicle parking | 1 space per 10 dwelling unit s |
Condominium, Townhomes | 2 spaces per unit plus 1 guest space for each additional and 1 recreational vehicle space for each 10 units |
Boarding house or similar facility | 2 spaces per unit plus 1 guest space for each additional and 1 recreational vehicle space for each 10 units |
Public Assembly and Schools: | |
Churches and clubs, lodges and fraternal buildings, assembly halls, funeral homes, community centers, libraries, auditoriums and theaters | 1 space for each 75 sq. ft. of net useable floor area used for public assembly |
Schools, kindergarten through ninth grade | 1 space per 375 sq. ft. net useable floor area |
High schools, academies, colleges, universities, trade or vocational schools | 1 space per 200 sq. ft. net useable floor area |
Health Care: | |
Medical or dental offices and out-patient | 1 space per 150 sq. ft. net useable floor area clinics |
Hospitals and nursing and convalescent homes | 1 space per 400 sq. ft. net useable floor area |
Day care center/nurseries | 1 space per 375 sq. ft. net useable floor area, but not less than 5 |
Retail and Other Commercial Developments: | |
Retail and other commercial developments | 1 space per 300 sq. ft. net useable floor area |
Independent Commercial Buildings and Uses | |
General offices/retail and services | 1 space per 300 sq. ft. net useable floor area |
General auto repair - garage, service station, car wash and drive-through lubrication shops | 1 space per 300 sq. ft. net useable floor area, including service bays, wash tunnels and retail areas |
Hotel and motel | 1 space per room or suite or rooms plus 1 space for each 25 rooms for truck trailers and recreational vehicles, such space of to be 10 x 75 feet |
Restaurant, bar | 1 space per 50 sq. ft. net useable floor area and outdoor seating area |
Outdoor sales and service areas (car lots, plant nurseries, building supplies, and the like) | 1 space per 375 sq. ft. net useable floor area, of sales and service building, but not less than 4 spaces per use |
Commercial greenhouses | 1 space per 900 sq. ft. net useable floor area |
Recreation: | |
Bowling alleys | 5 spaces per lane plus ancillary use requirements |
Theaters | 1 space for every 3 patron seats |
Golf course | 1 space per 2 practice tees in driving range plus 4 spaces per green plus ancillary use requirements |
Miniature golf, amusement parks and water slides | 1 space per 500 sq. ft. outside recreation area |
Health spas/clubs, gyms & tennis, handball, racquetball courts/clubs | 1 space per 100 sq. ft. net useable floor area, excluding courts, which require 2 spaces per court |
Skating rinks, dance halls | 1 space per 75 ft. net useable floor area used for recreational activities and ancillary use requirements |
Industrial buildings and Uses: | |
Industrial buildings and uses | 2 spaces for every 3 employees on the shift with the greatest number of employees |
Independent Industrial buildings and Uses: | |
Warehouses | 1 space per 900 sq. ft. net useable floor area |
Manufacturing | 1 space per 600 sq. ft. net useable floor area |
Mini storage buildings | 5% of the number of units |
(Ord. 06-678, passed 11-9-2006; Ord. 10-729, passed 7-22-2010; Ord. 11-738, passed 1-11-2011; Ord. 15-798, passed 6-23-2015)
4.22.9 OFF-STREET LOADING
Commercial and industrial uses requiring delivery shall observe minimum loading space accommodation.
(Ord. 06-678, passed 11-9-2006)
4.22.10 SPACES REQUIRED
Every hotel, restaurant, department store, freight terminal, or railroad yard, hospital or sanitarium, industrial plant, manufacturing establishments, retail establishment, storage warehouse or wholesale establishment, and all other structures devoted to similar mercantile or industrial pursuits, which has an aggregate gross floor area of 15,000 square feet or more shall provide off-street truck loading or unloading berths in accordance with Table 4.4.4 below:
Table 4.4.4A Loading Space Requirements | |
Square feet of Aggregate Gross Floor area Devoted to Such Use | Required No. of Berths |
Table 4.4.4A Loading Space Requirements | |
Square feet of Aggregate Gross Floor area Devoted to Such Use | Required No. of Berths |
Building greater than 15,000 sq. ft. up to & including 40,000 sq. ft. | 1 |
40,001 sq. ft. up to & including 100,000 sq. ft. | 2 |
100,001 sq. ft. up to & including 160,000 sq. ft. | 3 |
160,001 sq. ft. up to & including 240,000 sq. ft. | 4 |
240,001 sq. ft. up to & including 320,000 sq. ft. | 5 |
320,001 sq. ft. up to & including 400,000 sq. ft. | 6 |
400,001 sq. ft. up to & including 499,000 sq. ft. | 7 |
for each additional 100,000 sq. ft. | 1 additional |
Any office building 100,000 sq. ft. or larger shall have at least one (1) off-street loading berth.
(Ord. 06-678, passed 11-9-2006)
4.22.11 STANDARDS FOR OFF-STREET LOADING FACILITIES
All off-street loading facilities shall conform to the following standards:
A. DIMENSIONS.
Unless otherwise specified in these zoning regulations, berths required shall be at least forty-five (45) feet in length and all loading berths shall be at least twelve (12) feet in width and fourteen (14) feet in height, exclusive of aisle and maneuvering space.
B. LOCATIONS.
Such space may occupy all or any part of any required yard space, except front and side yards, and shall not be located closer than fifty (50) feet to any lot in any residential zone unless separated from such zone by a screening wall with a height of eight (8) feet, a twenty (20) foot landscape buffer with at least fifty (50) percent of the view obscured by evergreen plant material, or a combination of the above as ap-proved by the Zoning Administrator or the Commission.
1. Sufficient room for turning and maneuvering vehicles shall be provided on the site so that vehicles shall cross a property line only by driving forward. Driving over curbs or pavement rails is prohibited.
2. Each loading berth shall be accessible from a street or alley or from an aisle or drive connecting with a street or alley, without traversing a residential district.
3. Off-street loading facilities for a single use shall not be considered as providing required off-street loading facilities for any other use.
a. If more than one use is located on a site, the number of loading berths provided shall be equal to the sum of the requirements prescribed in this Ordinance for each use.
b. If more than one use is located on a site and the gross floor area of each use is less than the minimum for which loading berths are required but the aggregate gross floor area is greater than the minimum for which loading berths are required, off-street loading berths shall be provided as if the aggregate gross floor area were used for the use requiring the greatest number of loading berths.
C. IMPROVEMENT STANDARDS.
The loading area, aisles, and access drives shall be paved and maintained so as to provide a durable, dustless surface and shall be so graded and drained so as to dispose of surface water without damage to private or public properties, streets, or alleys.
1. Bumper rails shall be provided, and maintained in a useable condition, at locations where needed for safety or to protect property.
2. The loading area is to be illuminated and lighting shall be deflected away from abutting residential site so as not to cause glare.
D. COMPLIANCE.
1. Off-street loading facilities shall be located on the same site with the use for which the berths are required.
2. At the time of initial occupancy, major alterations or enlargement of a site, or of completion of construction of a structure or of a major alteration or enlargement of a structure, there shall be provided by the owner a report of off-street loading berth requirements. The number of loading berths provided for a major alteration or enlargement of a site or structure shall be in addition to the number existing prior to the alteration or enlargement.
3. Space allocated to any off-street loading berth shall not be used to satisfy the space requirements for any off-street parking facility.
4. No regular repair work or servicing of vehicles shall be conducted in a loading area.
(Ord. 06-678, passed 11-9-2006)
4.26.1 INTENT
The intent of this Section is to create a strong and well defined framework of landscaping in public/private property, consistent with the character of the Town as defined by the Town's General Plan protect and increase property values by requiring landscaping treatments around buildings, roadways and parking areas in residential, commercial and industrial areas; to provide buffers between residential/commercial /industrial uses; and to provide shade and variation of the landscaping, these standards emphasize the retention of native trees, shrubs, rock formations, and other natural site features.
(Ord. 06-678, passed 11-9-2006; Ord. 10-729, passed 7-22-2010)
4.26.2 LANDSCAPE PLANS: WHEN REQUIRED UNLESS MODIFIED BY THE ZONING ADMINISTRATOR
A. New multi-family and nonresidential developments are subject to the requirements of this Section.
B. Change of use from residential to commercial .
C. All new subdivisions shall provide landscaping in the public open spaces as required by this Section.
D. Expansion, remodeling, and renovation of existing buildings, or a stand alone parking lot shall provide an amount of landscaping and screening proportionate with the degree of the improvements.
(Ord. 06-678, passed 11-9-2006; Ord. 10-729, passed 7-22-2010)
4.26.3 LANDSCAPING REQUIREMENTS, GENERAL
1. Landscape Plan Required, Unless Modified by the Zoning Administrator
A landscape plan showing the following information shall be submitted with the Site Plan at the time of application for building permit and/or with a subdivision plat where applicable:
a. Designer name and address
b. North arrow, scale, date of preparation and revisions;
c. Name of project and address
d. Vicinity map
e. Sheet numbers
f. Location of all proposed and existing buildings, structures and pavement;
g. Location and dimensions of all property lines;
h. Location of all existing or proposed water features and drainage facilities;
i. Location of the one-hundred (100)-year floodplain on the site, if applicable;
j. Location, size and common name of any existing trees or shrubs to remain on site;
k. Location of all landscaping proposed for the site (drawn at one-half (½) of mature size) including trees, shrubs, ground cover, ornamental grasses or flowerbeds;
l. Location of all existing or proposed signs, walls, fences, earthen berms (drawn at one (1)-foot contour interval), site furniture, lights, fountains, and/or sculptures on the site;
m. Sight visibility triangles as described in Section 4.7;
n. Location of all existing or proposed sidewalks, bike trails, pedestrian paths, etc. on the site;
o. Plant list for all existing or proposed trees or shrubs on the site, including:
i. Symbol
ii. Botanical Name
iii. Common Name
iv. Quantity
v. Installation Size
vi. Height/Width at Maturity
p. Location of all existing or proposed curb lines and curb cuts for streets, alleys, parking lots and parking lot islands;
q. Any additional information as determined by the Zoning Administrator to be necessary for approval of the proposed plan.
r. Proposed inert ground cover/dust control
2. Installation of Materials
A landscape plan must be approved by the Zoning Administrator prior to the installation of required landscaping.
3. Certificate of Occupancy
All landscaping must be installed and inspected prior to the issuance of a Certificate of Occupancy.
4. Performance Standards
All landscaping shall be required to perform in accordance with the following provisions:
a. Safety
i. Landscaping shall not hinder the vision of motorists and pedestrians necessary for safe movement into, out of, and within the site. All landscaping materials shall comply with all sight visibility triangle requirements as described in Section 4.7.
ii. Landscaping materials shall be selected and placed in such a manner that they do not interfere with or damage existing or proposed utilities or drainage facilities.
iii. Landscaping materials shall be selected and placed so that the safe and enjoyable use of surrounding properties is not inhibited.
iv. Landscaping materials shall be selected and placed with sensitivity toward the ultimate size that will be achieved over time.
v. Landscaping with thorns, berries and other harmful plant characteristics shall be carefully placed and pruned to avoid potential harm to people or property on and off-site.
vi. Weak-wooded trees shall only be used where limb breakage will not cause harm to property, utility lines, or life.
b. Maintenance
i. The owner of the premises shall be responsible for the watering, maintenance, repair and replacement of all landscaping, irrigation systems, fences and walls, and other visual barriers including refuse disposal area screens which have died (in the case of plant material) or fallen into disrepair (in the case of fences or walls).
ii. All required plant materials shall be maintained in a healthy, vigorous growing condition, and neat and orderly appearance. They shall be replaced as necessary, or as directed by the Zoning Administrator, and shall be kept free of refuse and debris.
iii. All fences, walls and other barriers shall be maintained in good repair, meaning structurally sound and attractive in appearance. All fences, required or otherwise, shall have the finished face directed toward lower intensity zoned property, where a single-family residential property is located adjacent to or across from multiple-family residential or non-residential sites.
c. Size of Plant Material
All plant materials required by this Ordinance shall be selected from the ADWR drought tolerant/low water use plant lists and meet the following minimum sizes at the time of planting:
i. Trees: 75% of trees must be a minimum of 15 gallon. 25% must be 24” box or larger.
ii. Shrubs: Minimum 5 gallon or better.
d. Mulching, Ground Covers and weed control
i. All required shrubs and trees shall be mulched and maintained with shredded hardwood bark, cypress, or gravel mulch. Plant groupings shall be mulched in a continuous bed.
ii. Mulch shall be applied so as to prevent or retard weed growth and be kept free of weeds.
iii. Ground covers shall be planted together in continuous beds and spaced to achieve a substantially continuous ground cover within two (2) years of the issuance of a Certificate of Occupancy. The ground covers must be mulched or placed in decorative rock until substantially continuous coverage is achieved.
e. Penalty for Noncompliance
A property owner, upon notification by the Town, shall have a period of not less than fifteen (15) days to restore, replace or repair plant material, fences or other screening found to be in violation of the Performance Standards set forth herein. If the violation is not corrected within the specified time, it will be considered a violation of this Ordinance. In the case of landscaping that performs poorly, Alternative Compliance may be utilized pursuant to Section 4.26.5. No fine shall be levied during the time that an Alternative Compliance proposal to remedy the problem situation is being reviewed by the Development Services Department .
5. Approval of the Public Works Director is required prior to placing landscaping and other improvements in the rights-of-way.
(Ord. 06-678, passed 11-9-2006; Ord. 10-729, passed 7-22-2010)
4.26.4 DETERMINATION OF REQUIREMENTS UNLESS MODIFIED BY THE ZONING ADMINISTRATOR
1. Residential Subdivisions
a. Arterial/collector street Trees
As a component of plat approval, residential subdivisions in the Town shall be required one (1) shade tree a minimum of every thirty (30) linear feet on center, within the public arterial/collector.
b. Arterial/collector street Design
Arterial and collector streets shall have a minimum six (6) foot wide sidewalk, separated from the roadway by a landscaped parkway of at least eight (8) feet.
c. Local Street Design
Local streets shall have a minimum four (4) foot wide sidewalk, separated from the roadway by a landscaped parkway of at least six (6) feet.
d. Preservation/Salvation Credit
Where there exists native vegetation, the property owner may substitute existing trees for required trees, subject to the Alternative Compliance provisions of this Section.
2. Multiple-family, Office, Commercial and Industrial Districts
All lots improved with multi- family residential, office, commercial and industrial development shall be required to provide landscaping as set forth herein. (See paragraph 4. c. for a reduction to this requirement).
a. Front yard Landscaping. A ten (10) foot wide landscape strip is required along the properties street frontage. For properties adjacent to SR 89, a twenty (20) foot wide landscape strip is required along the property’s street frontage.
b. Side and rear yard landscaping: when adjacent to zoning other than multi - single family residential zoning, a five (5) foot wide landscape strip is required along the property’s street frontage.
c. Corner Lot: Corner lots shall be required to provide front yard landscaping on all sides fronting on a public street or highway.
d. Refuse Disposal Areas: Refuse disposal areas shall be screened on all sides, including a solid gate for access, by a privacy fence, wall, or equivalent material with a minimum height of six (6) feet and not greater than seven (7) feet. The finished face of the fence shall face away from the refuse disposal area.
e. Mechanical Equipment: All roof top and ground level mechanical equipment and utilities shall be fully screened from view of the centerline of any street or the nearest boundary of a single- or two- family residence district as seen from a height six (6) feet above the finished floor level of the building it services.
3. Buffer yards (Side and Rear yard Landscaping When adjacent to Single family Residential “SR” Zoning)
a. Buffer yard Required
Whenever a side or rear yard in any non-single-family residential, commercial , or industrial zones abuts, or in the absence of an alley would abut any single family residential district, a buffer yard shall be required.
b. Depth of yard.
The buffer yard shall be ten (10) percent of the lot width or depth, whichever is applicable, provided that no buffer yard shall be less than ten (10) feet in width, and no buffer yard shall be required to be more than twenty (20) feet in width. For property located on a corner lot where both the rear lot line and the interior side lot line abut property in the single-family residential districts, the buffer yard depth for both required buffer yards may be determined by the lesser dimension of the lot width or lot depth.
4. Minimum Landscaping Pattern. The minimum landscaping pattern shall include the following frequency:
a. One (1) tree per twenty (20) linear feet.
b. Four (4) shrubs per 400 square feet of required landscaped area. Clustering of trees and shrubs is encouraged.
c. Berm. Where a semi-continuous berm measuring a minimum of three (3) feet and a maximum of four (4) feet in vertical height and not having a slope greater than 3:1 on either side is provided, required buffer yard landscaping requirements may be reduced by twenty (20) percent. Slopes may be increased above 3:1 where retaining walls are used, subject to approval under the Alternative Compliance provisions of this section. No individual section of the berm may measure more than forty (40) feet in length. The berm should be integrated into the overall landscaping plan, including landscaping on the berm where practical.
d. Prohibited Use. All driveways, refuse containers, storage areas, aisle ways, vehicular maneuvering areas, mechanical equipment and structures are prohibited within the required buffer yard. A sidewalk or paved trail may be located within a buffer yard when used as a connection to other pedestrian and/or recreational corridors. A concrete PAD for emergency exits from a building shall be permitted in the buffer yard provided that the Building Code requires it.
e. Utility Areas. All on-site utility areas located within twenty-five (25) feet of a required buffer yard shall be screened by a fence, wall, berm, evergreen planting or combination thereof such that a substantially solid visual barrier of six (6) feet in height is attained. fences or walls, when provided, must be located between the activity area and the buffer yard. Utility areas shall include refuse containers/dumpsters; storage; display of materials or merchandise; loading or unloading goods, production assembly, processing or demolition of goods. Plantings provided to screen utility areas shall not count toward required landscaping.
5. Parking lot landscaping perimeter requirements, unless modified by the Zoning Administrator. Parking lots in all zoning districts are subject to the following requirements. The landscape width may be reduced provided the minimum width requirement, when averaged, is maintained overall. One (1) tree per twenty (20) linear feet and four (4) shrubs per four hundred (400) square feet of required landscaped area. Clustering of trees and shrubs is encouraged.
a. State Route 89 street frontage shall be landscaped with a minimum width of twenty (20) feet.
b. All other street frontages shall be landscaped with a minimum width of ten (10) feet.
c. Other parking perimeters all other lot lines adjacent to parking areas shall be landscaped with a five (5) foot wide landscape strip.
d. Islands. Where internal landscaping of the parking lot is required, there shall be a minimum of one (1) curbed island provided for each fifteen (15) parking stalls in each row. The minimum area for planting all types of trees within parking lots shall not be less than one hundred eighty (180) square feet. Shade trees and intermediate trees shall not be planted in any area with a width of less than ten (10) feet. Shrubs shall not be planted in an area of less than two (2) feet in width. Measurements of width and area shall be from the inside edge of the curb(s). A minimum of fifty (50) percent of every landscape island shall be planted with live plant material, such as shrubs, or ground cover.
e. Curb materials. Parking lot islands and medians shall be curbed with concrete or a functionally equivalent material that must be approved by the Zoning Administrator. The following materials are not considered functionally equivalent to concrete curbs and are therefore unacceptable for use as curbs: asphalt, landscape timbers, railroad ties, wood or lumber, and concrete wheel stops.
(Ord. 06-678, passed 11-9-2006; Ord. 10-729, passed 7-22-2010)
4.26.5 ALTERNATIVE LANDSCAPE PLANS
1. Where unique situations complicate the provision of required landscaping, applicants may choose to follow the requirements described herein or submit an alternate landscape plan to the Zoning Administrator that illustrates how the intent of UDO Section 4.26 will be fulfilled in an alternative manner. The Zoning Administrator may approve, approve with modifications, or deny the alternative landscape plan based on his or her determination as to meeting the intent of the UDO landscape requirements and the unique characteristics and challenges of the property at issue.
2. If an applicant submits an alternative landscape plan which is not approved by the Zoning Administrator, the applicant may appeal the Zoning Administrator’s decision to the Board of Adjustment.
(Ord. 06-678, passed 11-9-2006; Ord. 10-729, passed 7-22-2010; Ord. 15-798, passed 6-23-2015)
4.26.6 PRESERVATION OF EXISTING LANDSCAPING
1. Incentive. Existing landscaping that is in a vigorous growing condition and is not specifically
prohibited by this Ordinance may count toward meeting the requirements of this Ordinance.
2. Protection during construction. Trees that are to be preserved under the provisions of this Ordinance shall be fenced around the drip line of the tree and marked to be saved during construction. Care shall be taken to prevent damage to the tree and its root structure during construction.
(Ord. 06-678, passed 11-9-2006; Ord. 10-729, passed 7-22-2010)