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Clarkdale City Zoning Code

CHAPTER 11

DESIGN REVIEW AND SITE PLAN REVIEW

Section 11-010 Purpose and Applicability of Design Review

(Amended by Resolution 1261 & Ordinance #310 on 5/13/08; Effective 6/13/08)

The purpose of design review is to review the exterior design of proposed new buildings, proposed alterations to buildings and major development or redevelopment projects which do not include new buildings within the Town of Clarkdale, in order to ensure that new development or redevelopment is compatible with the surrounding environment, and to preserve and protect the integrity and character of the Town of Clarkdale.

A. This chapter shall apply to new buildings and redevelopment as defined in this chapter or the Town of Clarkdale Zoning Ordinance, except single-family dwellings and accessory uses, and shall also apply to all public buildings and facilities. Structures (other than buildings), signs, landscaping, parking areas, public facilities and enclosures will be reviewed by the Planning Commission if they are a part of new building development or building redevelopment.

B. The Historic Preservation Commission shall serve as design review for historic properties listed subject to the Historic Preservation Ordinance. (Revised by Ordinance #438 on 12/10/24; effective 1/10/25; prior code § 11-1)

Section 11-020 Application Procedure for Design Review

A. Applications for Design Review shall be filed with the Community Development Department.

(Revised by Ordinance #364. Approved 8/12/14; Effective 9/12/14)

1. The proposed Site Plan, including, but not limited to, a north arrow, name and address of owner, address of property and legal description, all property lines dimensioned and marked as property lines, existing structures, and enclosures, proposed parking areas, all improvements affecting the appearances, such as walls, walks, terraces, landscaping, accessory buildings and lights.

2. Exterior elevations, drawn to scale, on one (1) or more sheets of paper with sufficient detail to show, as far as they are related to exterior appearances, the design, the proposed materials, textures and colors.

3. Building material and color samples.

4. Any other information which the Commission may find necessary to establish compliance with this section.

B. An application for approval of demolition, partial demolition or removal of an existing building or structure shall be filed with the Community Development Director on a form prescribed by the Director. The application shall be accompanied by the following:

1. Legible photograph showing all sides of the building or structure for which the application is made.

2. Legible photograph showing the adjoining properties.

3. Any other information which the Planning Commission may find necessary to establish compliance with this section.

C. An application for approval of a sign shall be accompanied by the following:

1. Plans to scale with sufficient detail to show the size, design, lighting, materials, textures, colors and placement of the sign.

2. If applicable, legible photograph showing the face of the building on which the sign is to be mounted or vicinity photograph for a free-standing sign.

3. Any other information which the Planning Commission may find necessary to establish compliance with this section.

D. Upon receipt of an application for Design Review, the Community Development Director shall place the application to be reviewed on the agenda at a meeting of the Planning Commission within thirty (30) days of submitting the application. The Community Development Director shall notify the applicant of the time and place of the meeting and shall also provide the applicant with a copy of the staff report. (Revised by Ordinance #438 on 12/10/24; effective 1/10/25; prior code § 11-2)

Section 11-030 Filing Fee for Design Review

The application for design review shall be accompanied by a non-refundable filing fee in an amount established by resolution of the Town Council. (Revised by Ordinance #438 on 12/10/24; effective 1/10/25; prior code § 11-3)

Section 11-040 Review Criteria for Design Review

A. The Planning Commission shall review applications for design approval of new construction, alterations, additions, or renovations to existing buildings or structures and shall have the power to approve, conditionally approve, or disapprove all such requests. The decisions will be based on the following criteria:

1. Architectural merit: The architecture and design shall be visually compatible with the buildings, structures and places to which it is related.

2. Proportion: The relationship of the width of the building or structure to its height shall be visually compatible with the buildings, structures and places to which it is related or shall be maintained as original whenever feasible.

3. Openings: The relationship of the width of the windows and doors, to the height of windows and doors in the building shall be visually compatible with buildings, structures and places to which it is related.

4. Pattern: The relationships of solids to voids in a façade of a building or structure shall be visually compatible with buildings, structures and places to which they are related.

5. Spacing: The relationship of the building to the open space between it and the adjoining buildings shall be visually compatible to the buildings, structures and places to which it is related.

6. Entrances, porches and projections: The height, projection, supports and relationship to streets and sidewalks, of entrances, porches, awnings, canopies and balconies of a building shall be visually compatible to the buildings, structures and places to which it is related.

7. Material, texture and color: The materials, textures and colors of the façade of a building shall be visually compatible with the predominant materials, textures and colors used in the buildings and structures to which they are related.

8. Roofs: The roof shape and materials of a building shall be visually compatible with the buildings to which it is related.

9. Architectural details: Doors, windows, eaves, cornices and other architectural details of a building or structure shall be visually compatible with buildings and structures to which they are related.

10. Accessory features: Garages, carports, sheds, enclosures, walkways, stairways, and landings shall be visually compatible with buildings and structures to which they are related.

11. Landscaping: Landscaping shall be visually compatible with the landscaping around the buildings, structures and places to which it is related.

12. Lighting: Any on-site illumination shall be architecturally compatible to the overall project and not create a negative or visually detrimental effect on the building or neighboring properties. (Revised by Ordinance #438 on 12/10/24; effective 1/10/25; prior code § 11-4)

Section 11-050 Expiration of Design Review Approval

Design approval automatically expires if a building permit has not been issued within three (3) years of the date of final approval. The Commission may grant a total of three (3) sequential one (1) year extensions of approval provided the applicant files the initial extension request within the three (3) year period immediately following the final approval. (Revised by Ordinance #438 on 12/10/24; effective 1/10/25; Revised by Ordinance #428 on 12/10/24; effective 1/20/25; prior code § 11-5)

Section 11-060 Violations and Enforcement

A. Prior to the issuance of a building permit, the Building Official shall determine that the plans presented with the building permit application conform with the design approved by the Board and that approval has not expired.

B. The Building Official shall insure that development occurs in conformance with the conditions of design approval. In the event of a violation, the Building Official shall notify the permittee by registered or certified mail that he/she is in violation of the conditions of design approval. If the permittee does not comply with the conditions of design approval within ten (10) days after receipt of notification, the building permit may be revoked and all construction activity shall cease. (Prior code § 11-6)

Section 11-070 Appeals

The applicant may appeal any decision with respect to design review, to the Town Council, by filing written notice of appeal and any applicable fees with the Town Clerk within fifteen (15) working days of the date of the decision. The Town Clerk shall set the date for hearing of the appeal within sixty (60) days of the appeal being filed. (Revised by Ordinance #438 on 12/10/24; effective 1/10/25; prior code § 11-7)

Section 11-080 Severability (Repealed by Ordinance #438)

(Prior code § 11-8)

Section 11-090 Purpose and Applicability for Site Plan Review

The site plan review procedures are intended to protect the public health and safety and promote the general welfare of the community. These processes are intended to facilitate the organization of development of commercial and industrial property. They are also intended to insure that new development and redevelopment is compatible with the surrounding environment, and to preserve and protect the integrity and character of the Town of Clarkdale, as applicable.

A. A person who has right, title, or interest in a parcel of land must obtain site plan review approval prior to commencing any of the following activities on the parcel:

1. The construction or placement of any new building or structure for a commercial or industrial use, including accessory buildings and structures, if such buildings or structures have a total area for all floors of one thousand (1,000) square feet or more.

2. The expansion of an existing commercial or industrial building, structure, or uses including accessory buildings that increases the total floor area by one thousand (1,000) square feet or more.

3. The conversion of an existing building in which five hundred (500) or more square feet of total floor area are converted from residential to commercial or industrial use, except in the case of home occupations.

4. The establishment of a new commercial or industrial use even if no buildings or structures are proposed, including uses such as gravel pits, cemeteries, golf courses, and other nonstructural commercial or industrial uses. The site plan review requirement shall be waived for wireless communication facilities.

5. The construction or expansion of paved areas or other impervious surfaces, including walkways, access drives, and parking lots involving an area of more than two thousand five hundred (2,500) square feet.

6. Any other new, amended, modified or expanded use, including commercial/industrial planned area development (PAD) if so stipulated by other sections of the code.

7. Any new or modified public structure or facility.

B. The following activities shall not require SPR approval; however, building permits, plumbing permits, electrical permits or other State or local approvals are applicable as required by code or ordinance:

1. The construction, alteration, or enlargement of a single-family or two (2) family dwelling, including accessory buildings and structures.

2. The placement, alteration, or enlargement of a single manufactured housing or mobile home dwelling, including accessory buildings and structures on individually owned lots.

3. Agricultural activities, including agricultural buildings and structures.

4. The establishment and modification of home occupations that do not result in changes to the site or exterior of the building. (Revised by Resolution #1621 on 2/25/20; Revised by Ordinance #403 on 2/25/20; effective 3/26/20; Revised by Ordinance #352 on 7/9/13; effective 8/9/13; Revised by Resolution #1261 on 5/13/08; effective 6/13/08; Revised by Ordinance #310 on 5/13/08; effective 6/13/08; prior code § 11-9)

Section 11-100 Review and Approval Authority

The Site Plan Review Committee is established for the purpose of review and approval of site plans for all subdivisions; commercial or industrial development, or as deemed necessary by the Development Services Director.

A. The following shall be members of the Site Plan Review Committee:

1. Development Services Director;

2. Public Works Director;

3. Town Engineer;

4. Water Resources Manager;

5. Chief of Police (or his/her designee);

6. Fire Chief (or his/her designee);

7. Building Inspector;

8. Flood Control.

B. Representatives from the following may be included at the discretion of the Development Services Director:

1. School districts;

2. APS;

3. Unisource;

4. ADOT;

5. As determined by the Development Services Director. (Revised by Resolution #1621 on 2/25/20; Revised by Ordinance #403 on 2/25/20; effective 3/26/20; prior code § 11-10)

Section 11-110 Site Plan Application Submission and Review Procedures

A. Preapplication. A preapplication conference is not mandatory, but can be helpful to the applicant in identifying potential issues that will need to be addressed.

The purposes of the preapplication conference are to:

1. Provide the Site Plan Review Committee an opportunity to review and comment on proposals prior to submittal.

2. Discuss the development review process and required submissions with the applicant.

3. Identify issues that need to be resolved in future submissions.

4. Make the applicant aware of any opportunities for coordinating the development with community policies, programs, or facilities.

5. The Department may schedule a site inspection if deemed necessary.

6. Applicants for preapplication conference will need to provide as much information indicated on Table 1 in Section 11-120 as possible, as completely as possible.

B. Persons applying for site plan review will be required to submit a site plan review application and three (3) twenty-four (24) by thirty-six (36) inch printed copies and one (1) electronic submittal of the site plan, including the development plan and supporting documentation that meet the minimum submission requirements set forth in Section 11-120. This material shall be submitted to the Community Development Director, who shall determine that the application is complete. If the application is complete, the Community Development Director will date stamp the materials and notify the applicant that the application is administratively complete. A deposit toward potential outside consultant fees incurred by the Town in the processing and review of an application shall be required per Article 3-4 of the Town Code.

1. If the application is determined to be incomplete, the Community Development Director shall notify the applicant by letter that the application is incomplete, and specify the additional materials required to make the application complete.

2. After the application has been accepted the Community Development Department will distribute copies of the site plan to the Community Development Department, Public Works and Engineering Departments, Town Manager, Fire Chief, and Police Chief, County Flood Control, and County Health for substantive review and comment.

3. Site plans shall also be provided to all other affected utility companies as well as to adjoining governmental entities as required by statute. Comments returned shall pertain to the agency’s area of specific authority and shall contain specific requirements from these reviewing agencies.

4. The Community Development Department may hold an on-site inspection of the site to review the existing conditions, field verify the information submitted and investigate the development proposal.

5. Following receipt of the comments from the various departments and agencies, the Community Development Director shall forward one (1) complete copy to the applicant via electronic communication and first-class mail.

6. Applicants for site plan review shall hold a neighborhood meeting to inform the public of the proposals prior to formal submission of an application and plans.

a. Applicant shall notify all proprty owners within 300 feet of the subject property of the meeting by first-class mail at least fifteen (15) days prior to the meeting date. The Community Development Director may increase notification requirements at his/her discretion based on the impact of the project on the community.

b. Applicant shall post the property at least fifteen (15) days prior to the meeting date.

c. Applicant will publish a notice of the meeting including the time, date and location in a paper of general circulation at least fifteen (15) days prior to the meeting date.

C. Establishment of Fees. The Town Council may, from time to time and after consultation with the Community Development Department, establish the appropriate application fees following posting of the proposed schedule of fees and public hearing. (Revised by Ordinance #438 on 12/10/24; effective 1/10/25; Revised by Resolution #1621 on 2/25/20; Revised by Ordinance #403 on 2/25/20; effective 3/26/20; Revised by Ordinance #364 on 8/12/14; effective 9/12/14; Revised by Resolution #1261 on 5/13/08; effective 6/13/08; Revised by Ordinance #310 on 5/13/08; effective 6/13/08; prior code § 11-11)

Section 11-120 Site Plan Submission Requirements

All applications for site plan review must contain the information indicated as being required in Table 1 (below).

Submittal Requirements Checklist

Table 1

Pre-app

3 hard copies, 1 electronic

SPR

3 hard copies, 1 electronic submittal

Required Materials:

1.

X

Fully executed and signed copy of the application and fees paid in full

2.

X

A copy of the deed to the property, an option to purchase the property, letter of agency, or other documentation to demonstrate right, title or interest in the property on the part of the applicant

3.

X

X

Legal description and boundary survey to scale

4.

X

The parcel #(s) and lot # on which the project is located

5.

X

Vicinity map showing general location of the site within the Town

6.

X

The name, registration number, and seal of the person who prepared the plan, if applicable

7.

X

Boundaries of all contiguous property under the total or partial control of the owner or applicant regardless of whether all or part is being developed at this time

8.

X

Site photos/map from all directions at corners (standard prints)

9.

X

The maps or drawing must be at a scale sufficient to allow review of the items listed under the approval standards and criteria, but in no case shall be more than 500 feet to the inch for that portion of the tract of land being proposed for development. Applicant must also provide copies of all drawings submitted on 11" x 17" sheets

10.

X

Digital copy of site plan materials (using control supplied by the Town Engineer)

11.

X

Location of all required building setbacks, yards, and buffers

12.

X

Zoning classification(s) of property and surrounding property

13.

X

The bearings and length of all property lines of the property to be developed and the source of this information

14.

X

Location and size of any existing utility lines and easements

15.

X

Location, names, and present widths of existing public and/or private streets and rights-of-way within or adjacent to the proposed development

16.

X

The location and dimensions of existing driveways, parking and loading areas, walkways, and sidewalks on or immediately adjacent to the site

17.

X

Location of intersecting roads or driveways within 200 feet of the site

18.

X

Location and dimensions of any existing easements and copies of codes covenants or deed restrictions

19.

X

The location of the nearest fire hydrant, dry hydrant or other water supply for fire protection

20.

X

The location of open drainageways

21.

X

The direction of existing surface water drainage across the site

22.

X

The direction of proposed surface water drainage across the site and from the site, with an assessment of impacts on downstream properties

23.

X

A grading and drainage plan that includes existing contours, proposed contours, drainage channels and directions of flow, as well as stormwater calculations, erosion and sedimentation control measures and water quality, see Town Code Article 7-11

24.

X

A traffic statement that includes an estimate of the peak hour and daily traffic to be generated by the project

25.

X

The location, dimensions, and materials to be used in the construction of proposed driveways, parking and loading areas, and walkways and any changes in traffic flow onto or off site

26.

X

The location, dimensions and elevations of all existing buildings, proposed buildings and building expansion on the site

27.

X

The location, front view, dimensions, and lighting of existing signs and proposed signs

28.

X

A utility plan including estimated demand for water supply and sewage disposal together with the location and dimensions of all provisions for water supply and wastewater disposal

29.

X

Provisions for handling all solid wastes, including hazardous and special wastes and the location and proposed screening of any on- site collection or storage facilities

30.

X

Proposed landscaping and buffering plan including irrigation plan

31.

X

Include the percentage of total landscaping for the project

(Revised by Resolution #1621 on 2/25/20; Revised by Ordinance #403 on 2/25/20; effective 3/26/20; prior code § 11-12)

Section 11-130 Approval Standards and Criteria for Site Plan Review

The following criteria shall be used by the Site Plan Review Committee in reviewing applications for Site Plan Review Committee and shall serve as minimum requirements for approval of the application. The application shall be approved unless the Site Plan Review Committee determines that the applicant has failed to meet minimum acceptable standards. In all instances, the burden of proof shall be on the applicant who must produce evidence sufficient to warrant a finding that all applicable criteria have been met.

A. Utilization of the Site.

1. Utilization of the Site. The plan for the development must reflect the natural capabilities of the site to support development. Environmentally sensitive areas must be maintained and preserved.

2. Natural drainage areas must also be preserved to the maximum extent. However, when requested, the applicant may choose to transfer density or intensity of the proposed use from these wash areas into areas more developable. The development must include appropriate measures for protecting these resources, including, but not limited to, modification of the proposed design of the site, timing of construction, and limiting the extent of excavation.

3. Building Placement. The site design should avoid creating a building surrounded by a parking lot. Buildings should be placed close to the street, consistent with existing, adjacent setbacks. Parking should be to the side or preferably in the back.

4. Building Entrances. The main entrance to the building should be oriented to the street unless the parking layout or the grouping of the buildings justifies another approach, and should be clearly identified as such through building and site design, landscaping, and/or signage.

5. Building Orientation. New buildings within an existing built environment should be compatible with the neighborhood such that they reflect the overall bulk, square footage, dimensions, placement of the building on the lot, and rhythm of buildings and spaces along the street edge and minimize the visual impact on the neighborhood.

6. Building Scale. When large new buildings or structures are proposed in existing built environments where their scale (size) and other features may be significantly different from that which already exists in the immediate neighborhood, care must be taken to design the new building or structure so that it is compatible with its neighbors.

7. View Protection. When a proposed development is located within the viewshed of an identified view from a public street or facility, the development must be designated to minimize the encroachment of all buildings, structures, landscaping, and other site features on the identified view.

8. Ridgeline Protection. When a proposed development is located on a hillside that is visible from a public street, road, water body, or facility, the development must be designed so that buildings, structures, and other improvements do not extend above the existing ridgeline or alter the ridge profile significantly when viewed from the public streets, roads, water bodies, or facilities. This provision may be waived for communication towers, spotting towers, and similar facilities that must be located above the ridgeline for operational reasons.

9. Hillside Development. When proposed development is located on a hillside that is visible from a public street, water body, or facility, the development must be designated so that it fits harmoniously into the visual environment when viewed by the public from public areas.

10. In predominantly natural environments, site clearing must be minimized and vegetation must be retained or provided to minimize the visual intrusion of the development. In developed environments, the appearances of the new development, when viewed by the public from public areas, must be compatible with the existing visual character in terms of scale, massing, and height to the maximum extent reasonable.

B. Parking Layout and Design and Site Access. Off-street parking must conform to the standards set forth in Chapter 4, General Provisions, Sections 4-120, Off-Street Parking and Loading, and 4-121, Traffic and Pedestrian Access.

C. Stormwater Management. Adequate provisions must be made for the collection and disposal of all stormwater that runs off proposed streets, parking areas, roofs, and other surfaces through a stormwater drainage system and maintenance plan, which must not have adverse impacts on abutting or downstream properties.

1. To the extent possible, the plan must retain stormwater on the site using the natural features of the site.

2. The flow from the site after development must not exceed the predevelopment rate.

3. The applicant must demonstrate that on- and off-site downstream channel or system capacity is sufficient to carry the flow without adverse effects, including but not limited to flooding and erosion of downstream or adjoining properties, or the developer will be responsible for whatever improvements are needed to provide the required increase in capacity and/or mitigation.

4. All natural drainage ways must be preserved at their natural gradients and must not be filled or converted to a closed system unless approved as part of the SPR.

5. The design of the stormwater drainage system must provide for the disposal of stormwater without damage to streets, adjacent properties, downstream properties, soils, and vegetation.

6. The design of the storm drainage systems must be fully cognizant of upstream runoff that must pass over or through the site to be developed and provide for this movement.

7. The biological and chemical properties of the receiving waters must not be degraded by the stormwater runoff from the development site. The use of oil and grease traps in manholes, the use of on-site vegetated waterways, and vegetated buffer strips along waterways and drainage swales may be required, especially where the development stormwater discharges into a gravel aquifer area or other water supply source.

D. Erosion Control.

1. All building, site, and roadway designs and layouts must harmonize with existing topography and conserve desirable natural surroundings to the fullest extent possible, such that filling, excavation and earth moving activity must be kept to a minimum. Parking lots on sloped sites must be terraced to avoid undue cut and fill, and/or the need for retaining walls. Natural vegetation must be preserved and protected wherever possible.

2. Soil erosion and sedimentation of watercourses and water bodies must be minimized by the development of a sedimentation and erosion control plan that is submitted as part of the SPR package.

E. Water Supply Provisions.

1. The development must be provided with a system of water supply that provides each use with an adequate supply of water.

2. If the project is to be served by a private water supply, the applicant must secure and submit a written statement from the supplier that the proposed water supply system conforms with its design and construction standards, will not result in an undue burden on the source or distribution system, and will be installed in a manner adequate to provide needed domestic and fire protection flows.

F. Sewage Disposal Provisions.

1. The development must be provided with a method of disposing of sewage that is in compliance with the State Plumbing and Health Codes.

2. All sanitary sewage from new or expanded uses must be discharged into a public sewage collection and treatment system when such facilities are currently available or can reasonably be made available at the lot line and have adequate capacity to handle the projected waste generation.

a. It is mandatory that when a public sewer becomes available within 300 feet of any property served by a private sewage disposal system, a direct connection shall be made to the public sewer in accordance with the provisions of Chapter 11 of the Town Code.

Connections are mandatory when any one (1) of the conditions stipulated in Chapter 11 of the Town Code applies after the date specified for that condition.

This requirement may be waived if the use is already served by a properly functioning subsurface disposal system that is properly sized for the projected flows; provided, that connection to the public system must occur if and when the subsurface system needs to be replaced.

b. If the public system cannot serve or be extended to serve a new or expanded use, the sewage must be disposed of by an on-site sewage disposal system meeting the requirements of the Subsurface Wastewater Disposal Rules.

c. When two (2) or more lots or buildings in different ownership share the use of a common subsurface disposal system, the system must be owned and maintained in common by an owners’ association. Covenants in the deeds for each lot must require mandatory membership in the association and provide for adequate funding of the association to assure proper maintenance of the system.

d. Industrial or commercial wastewater may be discharged to public sewers in such quantities and/or of such quality as to be compatible with sewage treatment operations. Such wastes may require pretreatment at the industrial or commercial site in order to render them amenable to public treatment processes. Pretreatment includes, but is not limited to, screening, grinding, sedimentation, pH adjustment, surface skimming, chemical oxidation and reduction and dilution.

G. Utilities. The development must be provided with electrical, telephone, and telecommunication service adequate to meet the anticipated use of the project. New utility lines and facilities must be screened from view to the extent feasible. If the service in the street or on adjoining lots is underground, the new service must be placed underground.

H. Natural Features. The site shall be landscaped in compliance with the requirements of Chapter 9, Landscape Design Standards.

I. Groundwater Protection. The proposed site development and use must not adversely impact either the quality or quantity of groundwater available to abutting properties or to public water supply systems.

Applicants whose projects involve on-site water supply or sewage disposal systems with a capacity of two thousand (2,000) gallons per day or greater must demonstrate that the groundwater at the property line will comply, following development, with the standards for safe drinking water as established by the State of Arizona.

J. Water Quality Protection. All aspects of the project must be designed so that:

1. No person shall locate, store, discharge, or permit the discharge of any treated, untreated, or inadequately treated liquid, gaseous, or solid materials of such nature, quantity, obnoxiousness, toxicity, or temperature that may run off, seep, percolate, or wash into surface or groundwater so as to contaminate, pollute, or harm such waters or cause nuisances, such as objectionable shore deposits, floating or submerged debris, oil or scum, color, odor, taste, or unsightliness or be harmful to human, animal, plant, or aquatic life.

2. All storage facilities for fuel, chemicals, chemical or industrial wastes, and biodegradable raw materials must meet the standards of the Arizona Department of Environmental Quality (ADEQ) and the State Fire Marshal’s Office.

3. If the project is located within the direct watershed of a “body of water most at risk from development” or a “sensitive or threatened region or watershed” as identified by the Arizona Department Environmental Quality (ADEQ), and is of such magnitude as to require a stormwater permit from the ADEQ, the project must comply with the standards of the ADEQ with respect to the export of total suspended solids and/or phosphorous.

4. If the project does not require a stormwater permit from the ADEQ, it must be designed to minimize the export of phosphorous from the site to the extent reasonable with the proposed use and the characteristics of the site.

K. Solid Waste Management. The proposed development must provide for adequate disposal of solid wastes. All solid waste must be disposed of at a licensed disposal facility having adequate capacity to accept the project’s wastes.

L. Historic and Archaeological Resources. If any portion of the site has been identified as containing historic or archaeological resources, the development must include appropriate measures for protecting these resources, including, but not limited to, modification of the proposed design of the site, timing of construction, and limiting the extent of excavation.

M. Flood Plain Management. If any portion of the site is located within a special flood hazard area as identified by the Federal Emergency Management Agency, all use and development of that portion of the site must be consistent with the Town’s flood plain management provisions.

N. Exterior Lighting. All new construction for which site plan review is required shall also be required to submit a comprehensive lighting plan for review. The lighting plan shall be developed in accordance with the requirements of Chapter 8.

O. Buffering. The development must provide for the buffering of adjacent uses where there is a transition from one (1) type of use to another use and for screening of mechanical equipment and service and storage areas. All setbacks, enclosures, walls and plantings shall comply with Chapters 9, Landscape Design Standards, and 4, General Provisions, Section 4-080, Fence Height.

P. Landscaping. Landscaping must be provided as part of site design. The landscape plan for the entire site must conform to Chapter 9.

Q. Business Signs. All new construction for which SPR is required shall also be required to submit a comprehensive sign plan for review. The sign plan shall be developed in accordance with the requirements the Town of Clarkdale Sign Code and is subject to review and approval as part of design review. (Revised by Ordinance #438 on 12/10/24; effective 1/10/25; Revised by Resolution #1621 on 2/25/20; Revised by Ordinance #403 on 2/25/20; effective 3/26/20; Revised by Resolution #1432 on 7/10/13; effective 8/10/13; Revised by Ordinance #351 on 7/10/13; effective 8/10/13; prior code § 11-13)

Section 11-140 Post Approval Activities

A. Incorporation of Approved Plan. One (1) copy of the approved site plan must be included with the application for the building permit for the project and all construction activities must conform to the approved plan, including any conditions of approval and minor changes approved by the Community Development Director to address field conditions.

B. Improvement Guarantees.

1. Application.

a. Improvement Guarantee. The Town Council may require the posting of an improvement guarantee in such amount and form as specified in subsection 2 below as is reasonably necessary to ensure the proper installation of all off-site improvements required as conditions of approval. The nature and duration of the guarantee shall be structured to achieve this goal without adding unnecessary costs to the applicant.

b. Upon substantial completion of all required improvements, the developer must notify the Town Council of the completion or substantial completion of improvements, and must send a copy of such notice to the appropriate municipal officials. The respective municipal officials shall inspect all improvements and shall file a report indicating either approval, partial approval, or rejection of such improvements with a statement of reasons for any rejection.

c. The Town Council shall either approve, partially approve, or reject the improvements on the basis of the report of the municipal officials.

d. If the improvements are approved, the guarantee shall be released. Where partial approval is granted, the developer shall be released from liability only for that portion of the improvements approved.

2. Form of Guarantee. Performance guarantees may be provided by a variety of means including, but not limited to, the following which must be approved as to form and enforceability by the Town Attorney.

a. Security Bond-The applicant may obtain a security bond from a surety bonding company authorized to do business in the state.

b. Letter of Credit-The applicant may provide an irrevocable letter of credit from a bank or other reputable lending institution.

c. Escrow Account-The applicant may deposit cash, or other instruments readily convertible into cash at face value, either with the Town, or in escrow with a bank. Any such account must require Town approval for withdrawal and must stipulate that the Town can withdraw the money upon forty-eight (48) hour advance notice to the applicant to complete the guaranteed improvements.

d. Letter from the financial institution providing funding for the project, indicating commitment to the completion of the project.

C. Submission of As-Built Plans. Any project subject to Site Plan Review must provide the Community Development Director with a set of construction plans showing the building(s) and site improvements as actually constructed on the site. These “as-built” plans must be submitted within thirty (30) days of the issuance of a certificate of occupancy for the project or occupancy of the building.

D. Submission of Digital Copies of As-Builts. Where the applicant or their engineers utilize computer aided drafting (CAD) programs to develop the site plan, digital drawing files of the as-builts shall be submitted to the Community Development Director along with printed drawings.

E. Minor Changes to Approved Plans. Minor changes in approved plans necessary to address field conditions may be approved by the Community Development Director provided that any such change does not affect compliance with the standards or alter the essential nature of the proposal.

F. Updates/Phased Site Plans. If all phases are not approved at site plan review, then each phase must be approved individually by the site plan committee prior to issuance of a building permit. (Revised by Ordinance #438 on 12/10/24; effective 1/10/25; Revised by Ordinance #428 on 12/10/24; effective 1/20/25; prior code § 11-14)

Section 11-150 Appeals

Appeal of any actions taken by the Town Council with respect to this section shall be to the Board of Adjustments. Pursuant to A.R.S. Section 9-462.06, any appeal taken with respect to this Section shall be in accordance with the provisions of said statute. (Prior code § 11-15)

Section 11-160 Administration and Enforcement

This chapter shall be administered and enforced by the Community Development Director.

If the Community Development Director or his/her agent shall find that any provision of this chapter is being violated, he/she shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it.

He/she shall order discontinuance of illegal use of buildings, structures, additions, or work being done, or shall take any other action authorized by this chapter to insure compliance with or to prevent violation of its provisions.

The Community Development Director is hereby authorized to institute or cause to be instituted, in the name of the Town, any and all actions, legal or equitable, that may be appropriate or necessary for the enforcement of this chapter; provided, however, that this section shall not prevent any person entitled to equitable relief from enjoining any act contrary to the provisions of this chapter.

The Town Council, or their authorized agent, are hereby authorized to enter into administrative consent agreements for the purpose of eliminating violations of this Code and recovering fines without court action.

Such agreements shall not allow an illegal structure or use to continue unless there is clear and convincing evidence that the illegal structure or use was constructed or conducted as a direct result of erroneous advice given by an authorized municipal official and there is no evidence that the owner acted in bad faith, or unless the removal of the structure or use will result in a threat or hazard to public health and safety or will result in substantial environmental damage. (Prior code § 11-16)

Section 11-170 Interpretation of the Code

The Community Development Director shall be responsible for administering the provisions of this chapter including interpreting the provisions hereof.

Any person who believes that the Community Development Director has made an error in the interpretation or application of the provisions of this chapter, may appeal such determination to the Board of Adjustment as an administrative appeal. If the Board finds that the Community Development Director erred in his/her interpretation of the chapter, it shall modify or reverse the action accordingly. (Prior code § 11-17)

Section 11-190 Severability (Repealed by Ordinance #438)

(Prior code § 11-19)

Section 11-010 Purpose and Applicability of Design Review

(Amended by Resolution 1261 & Ordinance #310 on 5/13/08; Effective 6/13/08)

The purpose of design review is to review the exterior design of proposed new buildings, proposed alterations to buildings and major development or redevelopment projects which do not include new buildings within the Town of Clarkdale, in order to ensure that new development or redevelopment is compatible with the surrounding environment, and to preserve and protect the integrity and character of the Town of Clarkdale.

A. This chapter shall apply to new buildings and redevelopment as defined in this chapter or the Town of Clarkdale Zoning Ordinance, except single-family dwellings and accessory uses, and shall also apply to all public buildings and facilities. Structures (other than buildings), signs, landscaping, parking areas, public facilities and enclosures will be reviewed by the Planning Commission if they are a part of new building development or building redevelopment.

B. The Historic Preservation Commission shall serve as design review for historic properties listed subject to the Historic Preservation Ordinance. (Revised by Ordinance #438 on 12/10/24; effective 1/10/25; prior code § 11-1)

Section 11-020 Application Procedure for Design Review

A. Applications for Design Review shall be filed with the Community Development Department.

(Revised by Ordinance #364. Approved 8/12/14; Effective 9/12/14)

1. The proposed Site Plan, including, but not limited to, a north arrow, name and address of owner, address of property and legal description, all property lines dimensioned and marked as property lines, existing structures, and enclosures, proposed parking areas, all improvements affecting the appearances, such as walls, walks, terraces, landscaping, accessory buildings and lights.

2. Exterior elevations, drawn to scale, on one (1) or more sheets of paper with sufficient detail to show, as far as they are related to exterior appearances, the design, the proposed materials, textures and colors.

3. Building material and color samples.

4. Any other information which the Commission may find necessary to establish compliance with this section.

B. An application for approval of demolition, partial demolition or removal of an existing building or structure shall be filed with the Community Development Director on a form prescribed by the Director. The application shall be accompanied by the following:

1. Legible photograph showing all sides of the building or structure for which the application is made.

2. Legible photograph showing the adjoining properties.

3. Any other information which the Planning Commission may find necessary to establish compliance with this section.

C. An application for approval of a sign shall be accompanied by the following:

1. Plans to scale with sufficient detail to show the size, design, lighting, materials, textures, colors and placement of the sign.

2. If applicable, legible photograph showing the face of the building on which the sign is to be mounted or vicinity photograph for a free-standing sign.

3. Any other information which the Planning Commission may find necessary to establish compliance with this section.

D. Upon receipt of an application for Design Review, the Community Development Director shall place the application to be reviewed on the agenda at a meeting of the Planning Commission within thirty (30) days of submitting the application. The Community Development Director shall notify the applicant of the time and place of the meeting and shall also provide the applicant with a copy of the staff report. (Revised by Ordinance #438 on 12/10/24; effective 1/10/25; prior code § 11-2)

Section 11-030 Filing Fee for Design Review

The application for design review shall be accompanied by a non-refundable filing fee in an amount established by resolution of the Town Council. (Revised by Ordinance #438 on 12/10/24; effective 1/10/25; prior code § 11-3)

Section 11-040 Review Criteria for Design Review

A. The Planning Commission shall review applications for design approval of new construction, alterations, additions, or renovations to existing buildings or structures and shall have the power to approve, conditionally approve, or disapprove all such requests. The decisions will be based on the following criteria:

1. Architectural merit: The architecture and design shall be visually compatible with the buildings, structures and places to which it is related.

2. Proportion: The relationship of the width of the building or structure to its height shall be visually compatible with the buildings, structures and places to which it is related or shall be maintained as original whenever feasible.

3. Openings: The relationship of the width of the windows and doors, to the height of windows and doors in the building shall be visually compatible with buildings, structures and places to which it is related.

4. Pattern: The relationships of solids to voids in a façade of a building or structure shall be visually compatible with buildings, structures and places to which they are related.

5. Spacing: The relationship of the building to the open space between it and the adjoining buildings shall be visually compatible to the buildings, structures and places to which it is related.

6. Entrances, porches and projections: The height, projection, supports and relationship to streets and sidewalks, of entrances, porches, awnings, canopies and balconies of a building shall be visually compatible to the buildings, structures and places to which it is related.

7. Material, texture and color: The materials, textures and colors of the façade of a building shall be visually compatible with the predominant materials, textures and colors used in the buildings and structures to which they are related.

8. Roofs: The roof shape and materials of a building shall be visually compatible with the buildings to which it is related.

9. Architectural details: Doors, windows, eaves, cornices and other architectural details of a building or structure shall be visually compatible with buildings and structures to which they are related.

10. Accessory features: Garages, carports, sheds, enclosures, walkways, stairways, and landings shall be visually compatible with buildings and structures to which they are related.

11. Landscaping: Landscaping shall be visually compatible with the landscaping around the buildings, structures and places to which it is related.

12. Lighting: Any on-site illumination shall be architecturally compatible to the overall project and not create a negative or visually detrimental effect on the building or neighboring properties. (Revised by Ordinance #438 on 12/10/24; effective 1/10/25; prior code § 11-4)

Section 11-050 Expiration of Design Review Approval

Design approval automatically expires if a building permit has not been issued within three (3) years of the date of final approval. The Commission may grant a total of three (3) sequential one (1) year extensions of approval provided the applicant files the initial extension request within the three (3) year period immediately following the final approval. (Revised by Ordinance #438 on 12/10/24; effective 1/10/25; Revised by Ordinance #428 on 12/10/24; effective 1/20/25; prior code § 11-5)

Section 11-060 Violations and Enforcement

A. Prior to the issuance of a building permit, the Building Official shall determine that the plans presented with the building permit application conform with the design approved by the Board and that approval has not expired.

B. The Building Official shall insure that development occurs in conformance with the conditions of design approval. In the event of a violation, the Building Official shall notify the permittee by registered or certified mail that he/she is in violation of the conditions of design approval. If the permittee does not comply with the conditions of design approval within ten (10) days after receipt of notification, the building permit may be revoked and all construction activity shall cease. (Prior code § 11-6)

Section 11-070 Appeals

The applicant may appeal any decision with respect to design review, to the Town Council, by filing written notice of appeal and any applicable fees with the Town Clerk within fifteen (15) working days of the date of the decision. The Town Clerk shall set the date for hearing of the appeal within sixty (60) days of the appeal being filed. (Revised by Ordinance #438 on 12/10/24; effective 1/10/25; prior code § 11-7)

Section 11-080 Severability (Repealed by Ordinance #438)

(Prior code § 11-8)

Section 11-090 Purpose and Applicability for Site Plan Review

The site plan review procedures are intended to protect the public health and safety and promote the general welfare of the community. These processes are intended to facilitate the organization of development of commercial and industrial property. They are also intended to insure that new development and redevelopment is compatible with the surrounding environment, and to preserve and protect the integrity and character of the Town of Clarkdale, as applicable.

A. A person who has right, title, or interest in a parcel of land must obtain site plan review approval prior to commencing any of the following activities on the parcel:

1. The construction or placement of any new building or structure for a commercial or industrial use, including accessory buildings and structures, if such buildings or structures have a total area for all floors of one thousand (1,000) square feet or more.

2. The expansion of an existing commercial or industrial building, structure, or uses including accessory buildings that increases the total floor area by one thousand (1,000) square feet or more.

3. The conversion of an existing building in which five hundred (500) or more square feet of total floor area are converted from residential to commercial or industrial use, except in the case of home occupations.

4. The establishment of a new commercial or industrial use even if no buildings or structures are proposed, including uses such as gravel pits, cemeteries, golf courses, and other nonstructural commercial or industrial uses. The site plan review requirement shall be waived for wireless communication facilities.

5. The construction or expansion of paved areas or other impervious surfaces, including walkways, access drives, and parking lots involving an area of more than two thousand five hundred (2,500) square feet.

6. Any other new, amended, modified or expanded use, including commercial/industrial planned area development (PAD) if so stipulated by other sections of the code.

7. Any new or modified public structure or facility.

B. The following activities shall not require SPR approval; however, building permits, plumbing permits, electrical permits or other State or local approvals are applicable as required by code or ordinance:

1. The construction, alteration, or enlargement of a single-family or two (2) family dwelling, including accessory buildings and structures.

2. The placement, alteration, or enlargement of a single manufactured housing or mobile home dwelling, including accessory buildings and structures on individually owned lots.

3. Agricultural activities, including agricultural buildings and structures.

4. The establishment and modification of home occupations that do not result in changes to the site or exterior of the building. (Revised by Resolution #1621 on 2/25/20; Revised by Ordinance #403 on 2/25/20; effective 3/26/20; Revised by Ordinance #352 on 7/9/13; effective 8/9/13; Revised by Resolution #1261 on 5/13/08; effective 6/13/08; Revised by Ordinance #310 on 5/13/08; effective 6/13/08; prior code § 11-9)

Section 11-100 Review and Approval Authority

The Site Plan Review Committee is established for the purpose of review and approval of site plans for all subdivisions; commercial or industrial development, or as deemed necessary by the Development Services Director.

A. The following shall be members of the Site Plan Review Committee:

1. Development Services Director;

2. Public Works Director;

3. Town Engineer;

4. Water Resources Manager;

5. Chief of Police (or his/her designee);

6. Fire Chief (or his/her designee);

7. Building Inspector;

8. Flood Control.

B. Representatives from the following may be included at the discretion of the Development Services Director:

1. School districts;

2. APS;

3. Unisource;

4. ADOT;

5. As determined by the Development Services Director. (Revised by Resolution #1621 on 2/25/20; Revised by Ordinance #403 on 2/25/20; effective 3/26/20; prior code § 11-10)

Section 11-110 Site Plan Application Submission and Review Procedures

A. Preapplication. A preapplication conference is not mandatory, but can be helpful to the applicant in identifying potential issues that will need to be addressed.

The purposes of the preapplication conference are to:

1. Provide the Site Plan Review Committee an opportunity to review and comment on proposals prior to submittal.

2. Discuss the development review process and required submissions with the applicant.

3. Identify issues that need to be resolved in future submissions.

4. Make the applicant aware of any opportunities for coordinating the development with community policies, programs, or facilities.

5. The Department may schedule a site inspection if deemed necessary.

6. Applicants for preapplication conference will need to provide as much information indicated on Table 1 in Section 11-120 as possible, as completely as possible.

B. Persons applying for site plan review will be required to submit a site plan review application and three (3) twenty-four (24) by thirty-six (36) inch printed copies and one (1) electronic submittal of the site plan, including the development plan and supporting documentation that meet the minimum submission requirements set forth in Section 11-120. This material shall be submitted to the Community Development Director, who shall determine that the application is complete. If the application is complete, the Community Development Director will date stamp the materials and notify the applicant that the application is administratively complete. A deposit toward potential outside consultant fees incurred by the Town in the processing and review of an application shall be required per Article 3-4 of the Town Code.

1. If the application is determined to be incomplete, the Community Development Director shall notify the applicant by letter that the application is incomplete, and specify the additional materials required to make the application complete.

2. After the application has been accepted the Community Development Department will distribute copies of the site plan to the Community Development Department, Public Works and Engineering Departments, Town Manager, Fire Chief, and Police Chief, County Flood Control, and County Health for substantive review and comment.

3. Site plans shall also be provided to all other affected utility companies as well as to adjoining governmental entities as required by statute. Comments returned shall pertain to the agency’s area of specific authority and shall contain specific requirements from these reviewing agencies.

4. The Community Development Department may hold an on-site inspection of the site to review the existing conditions, field verify the information submitted and investigate the development proposal.

5. Following receipt of the comments from the various departments and agencies, the Community Development Director shall forward one (1) complete copy to the applicant via electronic communication and first-class mail.

6. Applicants for site plan review shall hold a neighborhood meeting to inform the public of the proposals prior to formal submission of an application and plans.

a. Applicant shall notify all proprty owners within 300 feet of the subject property of the meeting by first-class mail at least fifteen (15) days prior to the meeting date. The Community Development Director may increase notification requirements at his/her discretion based on the impact of the project on the community.

b. Applicant shall post the property at least fifteen (15) days prior to the meeting date.

c. Applicant will publish a notice of the meeting including the time, date and location in a paper of general circulation at least fifteen (15) days prior to the meeting date.

C. Establishment of Fees. The Town Council may, from time to time and after consultation with the Community Development Department, establish the appropriate application fees following posting of the proposed schedule of fees and public hearing. (Revised by Ordinance #438 on 12/10/24; effective 1/10/25; Revised by Resolution #1621 on 2/25/20; Revised by Ordinance #403 on 2/25/20; effective 3/26/20; Revised by Ordinance #364 on 8/12/14; effective 9/12/14; Revised by Resolution #1261 on 5/13/08; effective 6/13/08; Revised by Ordinance #310 on 5/13/08; effective 6/13/08; prior code § 11-11)

Section 11-120 Site Plan Submission Requirements

All applications for site plan review must contain the information indicated as being required in Table 1 (below).

Submittal Requirements Checklist

Table 1

Pre-app

3 hard copies, 1 electronic

SPR

3 hard copies, 1 electronic submittal

Required Materials:

1.

X

Fully executed and signed copy of the application and fees paid in full

2.

X

A copy of the deed to the property, an option to purchase the property, letter of agency, or other documentation to demonstrate right, title or interest in the property on the part of the applicant

3.

X

X

Legal description and boundary survey to scale

4.

X

The parcel #(s) and lot # on which the project is located

5.

X

Vicinity map showing general location of the site within the Town

6.

X

The name, registration number, and seal of the person who prepared the plan, if applicable

7.

X

Boundaries of all contiguous property under the total or partial control of the owner or applicant regardless of whether all or part is being developed at this time

8.

X

Site photos/map from all directions at corners (standard prints)

9.

X

The maps or drawing must be at a scale sufficient to allow review of the items listed under the approval standards and criteria, but in no case shall be more than 500 feet to the inch for that portion of the tract of land being proposed for development. Applicant must also provide copies of all drawings submitted on 11" x 17" sheets

10.

X

Digital copy of site plan materials (using control supplied by the Town Engineer)

11.

X

Location of all required building setbacks, yards, and buffers

12.

X

Zoning classification(s) of property and surrounding property

13.

X

The bearings and length of all property lines of the property to be developed and the source of this information

14.

X

Location and size of any existing utility lines and easements

15.

X

Location, names, and present widths of existing public and/or private streets and rights-of-way within or adjacent to the proposed development

16.

X

The location and dimensions of existing driveways, parking and loading areas, walkways, and sidewalks on or immediately adjacent to the site

17.

X

Location of intersecting roads or driveways within 200 feet of the site

18.

X

Location and dimensions of any existing easements and copies of codes covenants or deed restrictions

19.

X

The location of the nearest fire hydrant, dry hydrant or other water supply for fire protection

20.

X

The location of open drainageways

21.

X

The direction of existing surface water drainage across the site

22.

X

The direction of proposed surface water drainage across the site and from the site, with an assessment of impacts on downstream properties

23.

X

A grading and drainage plan that includes existing contours, proposed contours, drainage channels and directions of flow, as well as stormwater calculations, erosion and sedimentation control measures and water quality, see Town Code Article 7-11

24.

X

A traffic statement that includes an estimate of the peak hour and daily traffic to be generated by the project

25.

X

The location, dimensions, and materials to be used in the construction of proposed driveways, parking and loading areas, and walkways and any changes in traffic flow onto or off site

26.

X

The location, dimensions and elevations of all existing buildings, proposed buildings and building expansion on the site

27.

X

The location, front view, dimensions, and lighting of existing signs and proposed signs

28.

X

A utility plan including estimated demand for water supply and sewage disposal together with the location and dimensions of all provisions for water supply and wastewater disposal

29.

X

Provisions for handling all solid wastes, including hazardous and special wastes and the location and proposed screening of any on- site collection or storage facilities

30.

X

Proposed landscaping and buffering plan including irrigation plan

31.

X

Include the percentage of total landscaping for the project

(Revised by Resolution #1621 on 2/25/20; Revised by Ordinance #403 on 2/25/20; effective 3/26/20; prior code § 11-12)

Section 11-130 Approval Standards and Criteria for Site Plan Review

The following criteria shall be used by the Site Plan Review Committee in reviewing applications for Site Plan Review Committee and shall serve as minimum requirements for approval of the application. The application shall be approved unless the Site Plan Review Committee determines that the applicant has failed to meet minimum acceptable standards. In all instances, the burden of proof shall be on the applicant who must produce evidence sufficient to warrant a finding that all applicable criteria have been met.

A. Utilization of the Site.

1. Utilization of the Site. The plan for the development must reflect the natural capabilities of the site to support development. Environmentally sensitive areas must be maintained and preserved.

2. Natural drainage areas must also be preserved to the maximum extent. However, when requested, the applicant may choose to transfer density or intensity of the proposed use from these wash areas into areas more developable. The development must include appropriate measures for protecting these resources, including, but not limited to, modification of the proposed design of the site, timing of construction, and limiting the extent of excavation.

3. Building Placement. The site design should avoid creating a building surrounded by a parking lot. Buildings should be placed close to the street, consistent with existing, adjacent setbacks. Parking should be to the side or preferably in the back.

4. Building Entrances. The main entrance to the building should be oriented to the street unless the parking layout or the grouping of the buildings justifies another approach, and should be clearly identified as such through building and site design, landscaping, and/or signage.

5. Building Orientation. New buildings within an existing built environment should be compatible with the neighborhood such that they reflect the overall bulk, square footage, dimensions, placement of the building on the lot, and rhythm of buildings and spaces along the street edge and minimize the visual impact on the neighborhood.

6. Building Scale. When large new buildings or structures are proposed in existing built environments where their scale (size) and other features may be significantly different from that which already exists in the immediate neighborhood, care must be taken to design the new building or structure so that it is compatible with its neighbors.

7. View Protection. When a proposed development is located within the viewshed of an identified view from a public street or facility, the development must be designated to minimize the encroachment of all buildings, structures, landscaping, and other site features on the identified view.

8. Ridgeline Protection. When a proposed development is located on a hillside that is visible from a public street, road, water body, or facility, the development must be designed so that buildings, structures, and other improvements do not extend above the existing ridgeline or alter the ridge profile significantly when viewed from the public streets, roads, water bodies, or facilities. This provision may be waived for communication towers, spotting towers, and similar facilities that must be located above the ridgeline for operational reasons.

9. Hillside Development. When proposed development is located on a hillside that is visible from a public street, water body, or facility, the development must be designated so that it fits harmoniously into the visual environment when viewed by the public from public areas.

10. In predominantly natural environments, site clearing must be minimized and vegetation must be retained or provided to minimize the visual intrusion of the development. In developed environments, the appearances of the new development, when viewed by the public from public areas, must be compatible with the existing visual character in terms of scale, massing, and height to the maximum extent reasonable.

B. Parking Layout and Design and Site Access. Off-street parking must conform to the standards set forth in Chapter 4, General Provisions, Sections 4-120, Off-Street Parking and Loading, and 4-121, Traffic and Pedestrian Access.

C. Stormwater Management. Adequate provisions must be made for the collection and disposal of all stormwater that runs off proposed streets, parking areas, roofs, and other surfaces through a stormwater drainage system and maintenance plan, which must not have adverse impacts on abutting or downstream properties.

1. To the extent possible, the plan must retain stormwater on the site using the natural features of the site.

2. The flow from the site after development must not exceed the predevelopment rate.

3. The applicant must demonstrate that on- and off-site downstream channel or system capacity is sufficient to carry the flow without adverse effects, including but not limited to flooding and erosion of downstream or adjoining properties, or the developer will be responsible for whatever improvements are needed to provide the required increase in capacity and/or mitigation.

4. All natural drainage ways must be preserved at their natural gradients and must not be filled or converted to a closed system unless approved as part of the SPR.

5. The design of the stormwater drainage system must provide for the disposal of stormwater without damage to streets, adjacent properties, downstream properties, soils, and vegetation.

6. The design of the storm drainage systems must be fully cognizant of upstream runoff that must pass over or through the site to be developed and provide for this movement.

7. The biological and chemical properties of the receiving waters must not be degraded by the stormwater runoff from the development site. The use of oil and grease traps in manholes, the use of on-site vegetated waterways, and vegetated buffer strips along waterways and drainage swales may be required, especially where the development stormwater discharges into a gravel aquifer area or other water supply source.

D. Erosion Control.

1. All building, site, and roadway designs and layouts must harmonize with existing topography and conserve desirable natural surroundings to the fullest extent possible, such that filling, excavation and earth moving activity must be kept to a minimum. Parking lots on sloped sites must be terraced to avoid undue cut and fill, and/or the need for retaining walls. Natural vegetation must be preserved and protected wherever possible.

2. Soil erosion and sedimentation of watercourses and water bodies must be minimized by the development of a sedimentation and erosion control plan that is submitted as part of the SPR package.

E. Water Supply Provisions.

1. The development must be provided with a system of water supply that provides each use with an adequate supply of water.

2. If the project is to be served by a private water supply, the applicant must secure and submit a written statement from the supplier that the proposed water supply system conforms with its design and construction standards, will not result in an undue burden on the source or distribution system, and will be installed in a manner adequate to provide needed domestic and fire protection flows.

F. Sewage Disposal Provisions.

1. The development must be provided with a method of disposing of sewage that is in compliance with the State Plumbing and Health Codes.

2. All sanitary sewage from new or expanded uses must be discharged into a public sewage collection and treatment system when such facilities are currently available or can reasonably be made available at the lot line and have adequate capacity to handle the projected waste generation.

a. It is mandatory that when a public sewer becomes available within 300 feet of any property served by a private sewage disposal system, a direct connection shall be made to the public sewer in accordance with the provisions of Chapter 11 of the Town Code.

Connections are mandatory when any one (1) of the conditions stipulated in Chapter 11 of the Town Code applies after the date specified for that condition.

This requirement may be waived if the use is already served by a properly functioning subsurface disposal system that is properly sized for the projected flows; provided, that connection to the public system must occur if and when the subsurface system needs to be replaced.

b. If the public system cannot serve or be extended to serve a new or expanded use, the sewage must be disposed of by an on-site sewage disposal system meeting the requirements of the Subsurface Wastewater Disposal Rules.

c. When two (2) or more lots or buildings in different ownership share the use of a common subsurface disposal system, the system must be owned and maintained in common by an owners’ association. Covenants in the deeds for each lot must require mandatory membership in the association and provide for adequate funding of the association to assure proper maintenance of the system.

d. Industrial or commercial wastewater may be discharged to public sewers in such quantities and/or of such quality as to be compatible with sewage treatment operations. Such wastes may require pretreatment at the industrial or commercial site in order to render them amenable to public treatment processes. Pretreatment includes, but is not limited to, screening, grinding, sedimentation, pH adjustment, surface skimming, chemical oxidation and reduction and dilution.

G. Utilities. The development must be provided with electrical, telephone, and telecommunication service adequate to meet the anticipated use of the project. New utility lines and facilities must be screened from view to the extent feasible. If the service in the street or on adjoining lots is underground, the new service must be placed underground.

H. Natural Features. The site shall be landscaped in compliance with the requirements of Chapter 9, Landscape Design Standards.

I. Groundwater Protection. The proposed site development and use must not adversely impact either the quality or quantity of groundwater available to abutting properties or to public water supply systems.

Applicants whose projects involve on-site water supply or sewage disposal systems with a capacity of two thousand (2,000) gallons per day or greater must demonstrate that the groundwater at the property line will comply, following development, with the standards for safe drinking water as established by the State of Arizona.

J. Water Quality Protection. All aspects of the project must be designed so that:

1. No person shall locate, store, discharge, or permit the discharge of any treated, untreated, or inadequately treated liquid, gaseous, or solid materials of such nature, quantity, obnoxiousness, toxicity, or temperature that may run off, seep, percolate, or wash into surface or groundwater so as to contaminate, pollute, or harm such waters or cause nuisances, such as objectionable shore deposits, floating or submerged debris, oil or scum, color, odor, taste, or unsightliness or be harmful to human, animal, plant, or aquatic life.

2. All storage facilities for fuel, chemicals, chemical or industrial wastes, and biodegradable raw materials must meet the standards of the Arizona Department of Environmental Quality (ADEQ) and the State Fire Marshal’s Office.

3. If the project is located within the direct watershed of a “body of water most at risk from development” or a “sensitive or threatened region or watershed” as identified by the Arizona Department Environmental Quality (ADEQ), and is of such magnitude as to require a stormwater permit from the ADEQ, the project must comply with the standards of the ADEQ with respect to the export of total suspended solids and/or phosphorous.

4. If the project does not require a stormwater permit from the ADEQ, it must be designed to minimize the export of phosphorous from the site to the extent reasonable with the proposed use and the characteristics of the site.

K. Solid Waste Management. The proposed development must provide for adequate disposal of solid wastes. All solid waste must be disposed of at a licensed disposal facility having adequate capacity to accept the project’s wastes.

L. Historic and Archaeological Resources. If any portion of the site has been identified as containing historic or archaeological resources, the development must include appropriate measures for protecting these resources, including, but not limited to, modification of the proposed design of the site, timing of construction, and limiting the extent of excavation.

M. Flood Plain Management. If any portion of the site is located within a special flood hazard area as identified by the Federal Emergency Management Agency, all use and development of that portion of the site must be consistent with the Town’s flood plain management provisions.

N. Exterior Lighting. All new construction for which site plan review is required shall also be required to submit a comprehensive lighting plan for review. The lighting plan shall be developed in accordance with the requirements of Chapter 8.

O. Buffering. The development must provide for the buffering of adjacent uses where there is a transition from one (1) type of use to another use and for screening of mechanical equipment and service and storage areas. All setbacks, enclosures, walls and plantings shall comply with Chapters 9, Landscape Design Standards, and 4, General Provisions, Section 4-080, Fence Height.

P. Landscaping. Landscaping must be provided as part of site design. The landscape plan for the entire site must conform to Chapter 9.

Q. Business Signs. All new construction for which SPR is required shall also be required to submit a comprehensive sign plan for review. The sign plan shall be developed in accordance with the requirements the Town of Clarkdale Sign Code and is subject to review and approval as part of design review. (Revised by Ordinance #438 on 12/10/24; effective 1/10/25; Revised by Resolution #1621 on 2/25/20; Revised by Ordinance #403 on 2/25/20; effective 3/26/20; Revised by Resolution #1432 on 7/10/13; effective 8/10/13; Revised by Ordinance #351 on 7/10/13; effective 8/10/13; prior code § 11-13)

Section 11-140 Post Approval Activities

A. Incorporation of Approved Plan. One (1) copy of the approved site plan must be included with the application for the building permit for the project and all construction activities must conform to the approved plan, including any conditions of approval and minor changes approved by the Community Development Director to address field conditions.

B. Improvement Guarantees.

1. Application.

a. Improvement Guarantee. The Town Council may require the posting of an improvement guarantee in such amount and form as specified in subsection 2 below as is reasonably necessary to ensure the proper installation of all off-site improvements required as conditions of approval. The nature and duration of the guarantee shall be structured to achieve this goal without adding unnecessary costs to the applicant.

b. Upon substantial completion of all required improvements, the developer must notify the Town Council of the completion or substantial completion of improvements, and must send a copy of such notice to the appropriate municipal officials. The respective municipal officials shall inspect all improvements and shall file a report indicating either approval, partial approval, or rejection of such improvements with a statement of reasons for any rejection.

c. The Town Council shall either approve, partially approve, or reject the improvements on the basis of the report of the municipal officials.

d. If the improvements are approved, the guarantee shall be released. Where partial approval is granted, the developer shall be released from liability only for that portion of the improvements approved.

2. Form of Guarantee. Performance guarantees may be provided by a variety of means including, but not limited to, the following which must be approved as to form and enforceability by the Town Attorney.

a. Security Bond-The applicant may obtain a security bond from a surety bonding company authorized to do business in the state.

b. Letter of Credit-The applicant may provide an irrevocable letter of credit from a bank or other reputable lending institution.

c. Escrow Account-The applicant may deposit cash, or other instruments readily convertible into cash at face value, either with the Town, or in escrow with a bank. Any such account must require Town approval for withdrawal and must stipulate that the Town can withdraw the money upon forty-eight (48) hour advance notice to the applicant to complete the guaranteed improvements.

d. Letter from the financial institution providing funding for the project, indicating commitment to the completion of the project.

C. Submission of As-Built Plans. Any project subject to Site Plan Review must provide the Community Development Director with a set of construction plans showing the building(s) and site improvements as actually constructed on the site. These “as-built” plans must be submitted within thirty (30) days of the issuance of a certificate of occupancy for the project or occupancy of the building.

D. Submission of Digital Copies of As-Builts. Where the applicant or their engineers utilize computer aided drafting (CAD) programs to develop the site plan, digital drawing files of the as-builts shall be submitted to the Community Development Director along with printed drawings.

E. Minor Changes to Approved Plans. Minor changes in approved plans necessary to address field conditions may be approved by the Community Development Director provided that any such change does not affect compliance with the standards or alter the essential nature of the proposal.

F. Updates/Phased Site Plans. If all phases are not approved at site plan review, then each phase must be approved individually by the site plan committee prior to issuance of a building permit. (Revised by Ordinance #438 on 12/10/24; effective 1/10/25; Revised by Ordinance #428 on 12/10/24; effective 1/20/25; prior code § 11-14)

Section 11-150 Appeals

Appeal of any actions taken by the Town Council with respect to this section shall be to the Board of Adjustments. Pursuant to A.R.S. Section 9-462.06, any appeal taken with respect to this Section shall be in accordance with the provisions of said statute. (Prior code § 11-15)

Section 11-160 Administration and Enforcement

This chapter shall be administered and enforced by the Community Development Director.

If the Community Development Director or his/her agent shall find that any provision of this chapter is being violated, he/she shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it.

He/she shall order discontinuance of illegal use of buildings, structures, additions, or work being done, or shall take any other action authorized by this chapter to insure compliance with or to prevent violation of its provisions.

The Community Development Director is hereby authorized to institute or cause to be instituted, in the name of the Town, any and all actions, legal or equitable, that may be appropriate or necessary for the enforcement of this chapter; provided, however, that this section shall not prevent any person entitled to equitable relief from enjoining any act contrary to the provisions of this chapter.

The Town Council, or their authorized agent, are hereby authorized to enter into administrative consent agreements for the purpose of eliminating violations of this Code and recovering fines without court action.

Such agreements shall not allow an illegal structure or use to continue unless there is clear and convincing evidence that the illegal structure or use was constructed or conducted as a direct result of erroneous advice given by an authorized municipal official and there is no evidence that the owner acted in bad faith, or unless the removal of the structure or use will result in a threat or hazard to public health and safety or will result in substantial environmental damage. (Prior code § 11-16)

Section 11-170 Interpretation of the Code

The Community Development Director shall be responsible for administering the provisions of this chapter including interpreting the provisions hereof.

Any person who believes that the Community Development Director has made an error in the interpretation or application of the provisions of this chapter, may appeal such determination to the Board of Adjustment as an administrative appeal. If the Board finds that the Community Development Director erred in his/her interpretation of the chapter, it shall modify or reverse the action accordingly. (Prior code § 11-17)

Section 11-190 Severability (Repealed by Ordinance #438)

(Prior code § 11-19)