Clarkdale City Zoning Code

CHAPTER 11

DESIGN REVIEW

Prior legislation: Ordinance #445; Resolution #1621; Ordinancess #403, 364, 352; Resolution #1432; Ordinance #351; Resolution #1261; Ordinance #310; Prior code 11-4, 11-9 – 11-13, 11-15.

Section 11-010 Purpose and Applicability

The purpose of design review is to review the exterior design of proposed new buildings, proposed alterations to buildings and development or redevelopment projects within the Town of Clarkdale. These procedures are intended to protect the public’s health and safety, promote the general welfare of the community, and to facilitate the organized development of commercial and industrial property.

A. This chapter shall apply to new buildings and redevelopment as defined in Chapter 2, 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 Community Development Director or designee if they are a part of new building development or building redevelopment.

B. Property owners within the Historic District are subject to design review. Projects for properties opted into the district shall be reviewed by the Historic Preservation Commission; projects not opted into the district shall be reviewed by the Planning and Zoning Commission. (Revised by Ordinance #454 on 5/12/26; effective 6/11/26; Revised by Ordinance #438 on 12/10/24; effective 1/10/25; by Prior Code on )

Section 11-020 Design Review Procedures

A. A preapplication meeting is mandatory. The purpose of the preapplication meeting is to:

1. Provide staff with 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. Applicants shall provide the information as indicated in Table 1 in Section 11-040, Submission Requirements.

B. Persons applying for design review will be required to submit a preapplication meeting request, including a letter of intent, the site plan, the development plan, and supporting documentation. These materials shall be submitted to the Community Development Director or designee, who shall determine if the application is complete. If the application is complete, the Community Development Director or designee will 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 a submittal shall be required per Article 3-4 of the Town Code.

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

2. After the application has been accepted as complete the Community Development Department will distribute copies of the submittal to the following:

a. Community Development Director; and

b. Public Works Director; and

c. Town Engineer; and

d. Water Resources Manager; and

e. Chief of Police (or designee); and

f. Fire Chief (or designee); and

g. Building Inspector; and

h. Flood Control: and

i. Yavapai County Health Department; and

j. Any other agency or municipality that Town staff deems necessary; and

k. Representatives from the following may be included at the discretion of the Community Development Director:

i. School districts; or

ii. Arizona Public Service (APS); or

iii. Unisource; or

iv. Arizona Department of Transportation (ADOT);

v. Arizona Department of Game and Fish; or

vi. United States Forest Service; or

vii. Yavapai County; or

viii. Others as determined by the Community Development Director.

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

D. Following receipt of the comments from the various departments and agencies, the Community Development Director or designee shall forward one (1) complete copy to the applicant via electronic communication. (Revised by Ordinance #454 on 5/12/26; effective 6/11/26)

Section 11-030 Application Submission

A. Applications for design review shall be filed with the Community Development Department. The following shall be included:

1. The proposed site plan shall include the information as indicated in Table 1 in Section 11-040, Submission Requirements.

2. A full color landscaping plan shall be required and on separate sheet.

3. Any other information which the Community Development Director or designee finds necessary to establish compliance with this chapter.

B. If applicable, a separate application for approval of demolition, partial demolition or removal of an existing building or structure shall be filed with the Community Development Department 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 Community Development Director or designee finds necessary to establish compliance with this chapter.

C. If applicable, a separate application for approval of all signs shall be accompanied by the following:

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

2. A legible photograph or colored rendering showing the face of the building on which the sign is to be mounted and/or a vicinity photograph or colored rendering for a freestanding sign if one is being installed.

3. Any other information which the Community Development Director or designee finds necessary to establish compliance with this chapter.

D. Upon receipt of an application for design review, the Community Development Director or designee shall review the application for administrative completeness and return to applicant with corrections.

1. The Community Development Director or designee shall notify the applicant of deficiencies within fifteen (15) business days of administrative completeness approval.

2. Upon a finding of administrative completeness approval, the Community Development Director or designee shall review the application for substantial conformance with adopted codes. The Community Development Department will distribute the submittal to those as listed in Section 11-020.B.2.

Upon a finding of substantive review approval by the Community Development Director or designee, the design shall be deemed approved, and a written notice will be sent to the applicant by email. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; Revised by Ordinance #438 on 12/10/24; effective 1/10/25; by Prior Code on . Formerly 11-020)

Section 11-040 Submission Requirements

All applications for design review must contain the information indicated as being required in Table 1.

	Pre-app	Design Review	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	Legal description and boundary survey to scale.
4	X	X	The parcel #(s) and lot # on which the project is located.
5	X	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	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.
10		X	Digital copy of site plan materials.
11	X	X	Location of all required building setbacks, yards, and buffers.
12	X	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	X	Location and size of any existing utility lines and easements.
15	X	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	X	The location and dimensions of existing driveways, parking and loading areas, walkways, and sidewalks on or immediately adjacent to the site.
17	X	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	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.
25		X	The location, dimensions and elevations of all existing buildings, proposed buildings and building expansion on the site.
26		X	The location, front view, dimensions, and lighting of existing signs and proposed signs.
27		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.
28		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.
29		X	Proposed colored landscaping and buffering plan including irrigation plan. Include the percentage of total landscaping for the project.
30		X	Outdoor Lighting Plan, including spec sheets.
31		X	Trash enclosure.
32		X	A clear, simple site plan for presentations.

(Revised by Ordinance #454 on 5/12/26; effective 6/11/26)

Section 11-050 Filing Fee

The application for design review shall be accompanied by a nonrefundable filing fee in an amount established by the currently adopted fee schedule of the Town. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; Revised by Ordinance #438 on 12/10/24; effective 1/10/25; by Prior Code on . Formerly 11-030)

Section 11-060 Approval Standards and Criteria

The following criteria shall be used by staff when reviewing applications for design review and shall serve as minimum requirements for approval of the application. The application shall be approved unless the Community Development Director or designee 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.

The Community Development Director or designee shall review applications for design review approval of new construction, alterations, additions, renovations to existing buildings, sites or structures, and shall have the power to approve, conditionally approve, or disapprove all such requests. The decision will be based on the following criteria:

A. Conformance with Development Standards. Conformance with Development Standards.

1. All site plans must conform to the development standards set forth for the zoning district(s) assigned to the subject property. Uses shall conform to those identified as permitted uses or have been granted a conditional use permit.

2. Uses must conform to the General Plan designation assigned to the subject property.

3. The applicant may choose to transfer density or intensity of the proposed use from unbuildable wash areas into areas that are more developable.

4. To encourage reduced building heights for commercial and industrial structures, the area of reduced height can be used to increase lot coverage by an equivalent amount. Required setbacks and other design standards must be maintained.

5. Projects shall comply with all the requirements as set forth previously by the preliminary development review.

6. The proposal shall provide for safe and adequate vehicle and pedestrian ingress and egress in accordance with the Town’s adopted engineering standards and designed to minimize congestion. Off-street parking must conform to the standards set forth in Sections 4-090, Parking and Loading, and 4-100, Traffic and Pedestrian Access.

7. All building, site, and roadway designs and layouts must be designed to preserve existing topography. Filling, excavation and earth moving activity must meet all grading requirements and engineering standards.

8. The main entrance to the building should be oriented to the street unless the parking layout, grouping of buildings, size, shape, or topography of the lot requires orientation to the side and shall be clearly identified through building and site design, landscaping, and/or signage.

9. A site lighting plan which includes a schedule of the luminary and cut sheets for all outdoor light fixtures shall be required. Proposed lighting shall be so arranged as to not shine upon or reflect onto adjoining properties and proposed signs and their lighting shall be of such size, location and color as to not interfere with traffic or limit visibility of adjoining properties. The lighting plan shall be developed in accordance with the requirements of Chapter 8, Outdoor Lighting.

10. The required landscaping shall be provided and maintained in accordance with Chapter 9, Landscape Design Standards. For the area of natural vegetation retained, the required landscaping area may be reduced by an equivalent amount.

11. The development must provide for the buffering of adjacent uses where there is a transition from one zoning district to another zoning district and for screening of mechanical equipment and service and storage areas. All setbacks, enclosures, walls and plantings shall comply with Chapter 4, General Provisions, and Chapter 9, Landscape Design Standards.

12. The drainage report and plan must meet the minimum requirements of Yavapai County Flood Control and not create an adverse effect on adjacent properties.

13. The construction and civil improvement plans shall meet all adopted codes and regulations of the Town of Clarkdale.

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

15. Natural drainage areas must also be preserved to maintain pre-development and post development flows.

B. 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 public view. If the service in the street or on adjoining lots is underground, the new service must be placed underground.

C. 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. (Revised by Ordinance #454 on 5/12/26; effective 6/11/26)

Section 11-070 Expiration of Approval

Design review approval automatically expires if a building permit has not been issued within two (2) years of the date of final approval. The Community Development Director or designee may grant a total of three (3) sequential one (1) year extensions of approval provided the applicant files the initial extension request within the two (2) year period immediately following the final approval. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; Revised by Ordinance #438 on 12/10/24; effective 1/10/25; Revised by Ordinance #428 on 12/10/24; effective 1/20/25; by Prior Code on . Formerly 11-050)

Section 11-080 Violations and Enforcement

A. Prior to the issuance of a building permit, the Community Development Director or designee shall determine that the plans presented with the building permit application conform with the approved design and that approval has not expired.

B. The Community Development Director or designee shall ensure that development occurs in conformance with the conditions of design approval. In the event of a violation, the Community Development Director or designee shall notify the applicant by the most expedient means possible that he or she is in violation of the conditions of design approval. If the applicant 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. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on . Formerly 11-060)

Section 11-090 Appeals

Any order, requirement, decision, determination, interpretation, or administrative action made pursuant to, or in the administration or enforcement of, any provision of this code may be appealed to the Board of Adjustment, except as expressly provided herein.

A. An appeal may be filed by:

1. The applicant or permittee; or

2. Any taxpayer who owns or leases real property that is directly adjacent to or located within three hundred (300) feet of the exterior boundary of the subject property at the time the decision is rendered; or

3. Any officer, board, commission, or department of the Town that is directly affected by the decision.

B. Procedure. All appeals shall be processed, noticed, and heard in accordance with Town Code Article 17-2, Board of Adjustment, as amended. Appeals must be filed within thirty (30) days after the Community Development Director or designee renders a decision.

C. Finality; Exception. Decisions rendered by the Town Council shall be final and conclusive and shall not be subject to appeal under this chapter, as the Town Council serves as the Board of Adjustment for such matters. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; Revised by Ordinance #438 on 12/10/24; effective 1/10/25; by Prior Code on . Formerly 11-070)

Section 11-100 Post Approval Activities

A. Incorporation of Approved Plan. One 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 or designee to address field conditions.

B. Submission of As-Built Plans. Any project subject to design 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 prior to the issuance of a certificate of occupancy for the project or occupancy of the building.

C. 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 or designee along with printed drawings.

D. Changes to Approved Plans. Changes in approved plans necessary to address field conditions may be approved by the Community Development Director or designee; provided, that any such change does not constitute a variance of greater than ten percent (10%) of the approved plans. Changes that exceed ten percent (10%) of building bulk, height, setback, or separation must be approved by the same process as for the initial design review.

E. Updates/Phased Site Plans. If all phases are not approved at design review, then each phase must be approved individually by the Community Development Director or designee prior to issuance of a building permit. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; Revised by Ordinance #438 on 12/10/24; effective 1/10/25; Revised by Ordinance #428 on 12/10/24; effective 1/20/25; by Prior Code on . Formerly 11-140)

Section 11-110 Administration and Enforcement

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

A. If the Community Development Director or designee finds that any provision of this chapter is being violated, they shall notify the person responsible for such violation in writing, indicating the nature of the violation and ordering the action necessary to correct it. They shall order that any illegal use of buildings, structures, additions, or work being performed be discontinued, or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.

B. 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 code; provided, however, that this code shall not prevent any person entitled to equitable relief from enjoining any act contrary to the provisions of this code.

C. The Town Manager 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.

1. 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. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on . Formerly 11-160)

Section 11-120 Interpretation of the Code

The Community Development Director shall be responsible for administering the provisions of this code including interpreting the provisions hereof. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on . Formerly 11-170)