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Colorado City City Zoning Code

GENERAL DEVELOPMENT

REGULATIONS

§ 152.055 PERFORMANCE STANDARDS.

   (A)   (1)   This subchapter includes standards that regulate the physical layout and design of all development within the town to ensure the protection of the health, welfare, safety, and quality of life. These provisions address the physical relationship between development and adjacent properties, public streets, neighborhoods, and the natural environment, in order to implement the general plan vision for a more attractive, efficient, and livable community.
      (2)   The provisions of this chapter are complementary and supplementary to and not in lieu of other provisions of this code. In the event of a conflict between a provision of this chapter and any more restrictive provision of this code applicable to a particular development, the more restrictive provision shall apply.
      (3)   Every activity, operation or land use shall comply with the following performance standards regardless of the zoning district in which they are located. The Zoning Administrator may be responsible for insuring compliance with these performance standards and shall invoke the provisions for enforcement of compliance with these performance standards wherever there is reasonable evidence that performance standards are being violated by such use.
   (B)   Glare and heat. Any activity producing intense glare or heat shall be performed within a completely enclosed building in such a manner as not to create a nuisance or hazard along property lines.
   (C)   Lighting. No light that flashes, revolves or otherwise resembles a traffic control signal shall be allowed in any area where such light could create a hazard for passing vehicular traffic. All outdoor lighting shall be installed, maintained and utilized in conformance with § 152.059.
   (D)   Fire and explosion hazards. All disposals of waste materials by outdoors incineration on the premises are expressly prohibited. All storage of and other activities involving flammable and explosive materials shall be provided adequate safety devices against hazards of fire and explosion, together with adequate fire-fighting and fire suppression equipment and devices standard in industry. All storage of flammable or explosive materials shall further comply with locational requirements set forth by the Fire District or as established by this chapter or other town ordinances.
   (E)   Vibration. Every use shall be so operated that the ground vibration inherently and recurrently generated is not discernible without instruments at any point beyond the site property line.
   (F)   Air pollution. No owner or occupant of land, whether improved or unimproved, shall cause or permit unreasonable quantities of smoke, noxious fumes, gas, soot or cinders to emanate beyond the boundaries of that land except with a Fire Department burning permit. Use of a home barbeque, fire pit or similar shall not be considered unreasonable.
   (G)   Liquids and solid waste. No materials, compounds or chemicals that can contaminate any water supply, interfere with bacterial process in sewerage treatment or otherwise cause emission of elements which are offensive or hazardous to the public health, safety, welfare or comfort shall be discharged at any point into any public sewer, private sewage disposal system, waterway or into the ground, except in accordance with the standards approved by the Arizona State Department of Health and Environmental Services or such governmental agency as may have jurisdiction over such activities.
   (H)   Odors. No emission of odorous gases or other odorous matter shall be permitted in such quantities as to be offensive in such a manner as to create a nuisance or hazard beyond the site property line.
   (I)   Noise. All uses shall comply with the standards in § 130.26.
(Ord. 2020-02, passed 4-13-2020)

§ 152.056 OFF-STREET PARKING AND LOADING.

   (A)   Purpose. This section establishes minimum standards for parking and loading. These standards are intended to promote the general welfare and public safety by ensuring that an adequate amount of permanent, safe, accessible, and attractive parking is provided in the town. The parking standards are intended to provide for adequate ingress and egress by motor vehicles, recreational vehicles, boats and buses.
   (B)   Applicability. Every use and structure, including a change or expansion of a use or structure shall provide accessory parking and loading areas as set forth below. Except when specifically exempted, the requirements of this section shall also apply to all parking lots that are the principal use on a site.
      (1)   New buildings and land uses. Off-street parking and loading shall be provided as required by this section at the time any new building or structure is erected or any new land use is established.
      (2)   Expansion of existing nonresidential buildings. When the floor area of an existing structure is increased, additional off-street parking and loading shall be provided as required by this section for the additional floor area only, provided that the existing parking was legally established and has not been reduced. If the number of existing parking and loading spaces is greater than the requirements for such use, the number of spaces in excess of the prescribed minimum may be counted toward meeting the parking and loading requirements for the addition or enlargement.
      (3)   Addition of use to existing nonresidential buildings. When a new use locates on a parcel with an existing use, all off-street parking shall be provided to meet the total number of spaces required for the existing use and the new use, unless the uses meet the requirements of § 152.056(E)(4) or alternative guidelines that are expressly allowed by other provisions of this code.
      (4)   Change in use of existing nonresidential buildings. When a change in use requires more off-street parking than the previous use, additional parking and loading spaces shall be provided equivalent to the difference between the number of spaces required by this section for the immediately previous use and the total number of spaces required by the new use. A change in occupancy is not considered a change in use unless the new occupant is in a different use classification than the former occupant.
      (5)   Alterations that increase the number of dwelling units. The creation of additional dwelling units through the alteration of an existing building or construction of an additional structure or structures requires added off-street parking, as required by this section, to serve the new dwelling units. This requirement does not apply when sufficient off-street parking exists to provide the number of spaces required for the existing and new dwelling units.
      (6)   When required. Off-street parking and loading facilities required by this section shall be constructed or installed prior to the issuance of a certificate of occupancy for the uses that they serve.
   (C)   General parking and loading regulations.
      (1)   Parking and loading spaces to be permanent. Parking and loading spaces shall be permanently available, marked and maintained in good repair/condition for parking or loading purposes for the use they are intended to serve during the life of the use.
      (2)   Reduction in parking area. The owner or occupant of any building or use subject to off-street parking requirements under this section shall not discontinue or reduce any existing required parking without first having established other parking spaces which meet all requirements of this section to replace those being lost or except after proof that, by reason of reduction in floor area, seating area or other factors, the proposed reduced area for off-street parking or loading will conform to the requirements of this section.
      (3)   Restriction of parking area use. Required off-street parking, circulation, and access areas shall be used exclusively for the temporary parking and maneuvering of motorized, operative vehicles. In all non-residential zones, parking areas shall not be used for the sale, lease, display, repair, or storage of vehicles, trailers, boats, campers, mobile homes, merchandise, or equipment, or for any other use not authorized by the provisions of this code. In all residential districts parking shall be restricted per § 152.056(J).
      (4)   Located on same site. Parking and loading facilities shall be located on the same site with the use the facilities serve or on a contiguous, identically zoned lot that is incorporated into the development site. Off-site parking facilities may be permitted subject to the requirements of § 152.056(E)(5).
      (5)   Located off-street. All parking and loading facilities required by this section shall be provided off-street and shall not be located within any public right-of-way, sidewalk, alley, or parkway, unless expressly allowed by other provisions of this code.
      (6)   Surplus parking. The provisions of this section shall also apply to parking and loading facilities provided in excess to those required, unless otherwise expressly stated in this code.
      (7)   Surfacing and maintenance. All off-street parking shall be paved with asphalt or concrete, and be graded and drained per the town engineering standards and as approved by the Town Engineer and shall be maintained in good condition free of weeds, dust, trash and debris. In cases of certifiable short term or temporary use, parking lot surfaces may be constructed to a lesser standard if approved during the development review process.
   (D)   Number of parking spaces required. Except as otherwise expressly stated, off-street motor vehicle parking spaces must be provided in accordance with Table 4.2-1: Parking Spaces Required.
Table 4.2-1: Parking Spaces Required
Use Category
Specific Use Type
Minimum Vehicle Spaces Required
Table 4.2-1: Parking Spaces Required
Use Category
Specific Use Type
Minimum Vehicle Spaces Required
Residential Use Categories
Single-Family Detached and Attached; Modular; Duplex; Manufactured Home
Two spaces per dwelling unit
Multi-Family; Residential component of Mixed Use District
Studio and one bedroom unit - 1.5 space per unit
Two bedroom units - 1.5 spaces per unit
Three or more bedroom units - 2 spaces per unit
Live/Work
Two spaces per dwelling unit
Manufactured Home Park
Two spaces per dwelling unit + 1 space for every 8 dwelling units/lots for guests
Recreational Vehicle Park
One space per RV space + 1 space for every 8 RV spaces for guests
Assisted Living Center
0.5 space per residential room/unit +1 space for every 4 rooms/units for guests and employees
Assisted Living Home; Child Care Home; Group Care Home; Resident Care Home
Same as single-family
Boarding/Shelter Care
One space per 3 beds + 1 space per employee
Nursing Home
One space per 4 beds (based on maximum capacity)
Public and Semi-Public Use Categories
Arboretum or Botanical Garden
See § 152.056(D)(3)
Assembly Hall/Auditorium; Community Center; Country Club Library; Fraternal or Social Club; Social Service Facility
One space per 4 fixed seats or 1 space per 300 SF GFA where fix seating is not provided
Bus Terminal
Six spaces per 1,000 SF of waiting area
Campground
One space per camp site
Cemetery
Minimum 5% of the gross area shall be made available for parking
Child Care Center
One space per 400 SF GFA
College or University
See § 152.056(D)(3)
Crematorium or Funeral Parlor
One space per 4 fixed seats or 1 space per 300 SF GFA where fix seating is not provided
Community Playfields and Parks
See § 152.056(D)(3)
Government Office and Civic Building
One space per 300 SF GFA
Hospital
One space per 2 inpatient beds + 1 per employee on a normal shift
Medical Clinic
One space per 350 SF GFA
Museum
One space per 300 SF of display area
Public Safety Facility
One space per employee + 1 space per fleet vehicle + 1 space per 350 SF of usable office/meeting space
Religious Assembly
One space per 4 fixed seats or 1 space per 300 SF GFA where fix seating is not provided
School, Public or Private, K- 8
One space per classroom + 1 space for each 200 SF of indoor assembly area
School, Public or Private, 9- 12
One space per 200 SF of classroom and office area
Solar Generation Facility
One space per employee
Telecommunication Facility (Including Tower and Supporting Facilities)
None
Utility Facility and Service Yard
One space per employee + 1 space per fleet vehicle if present at site
Agriculture Use Categories
Agriculture, General
None
Market Garden
One per 5,000 SF of lot area
Ranching, Commercial
See § 152.056(D)(3)
Commercial Use Categories
Adult Entertainment Business
One space per 200 SF GFA
Animal Services (Kennel, Veterinary)
One space per 400 SF GFA
Commercial Entertainment:
   Indoor:
One space per 4 fixed seats or 1 space per 300 SF GFA, whichever is greater
   Movie Theater:
One space per 3 seats
   Outdoor:
See § 152.056(D)(3)
Commercial Recreation:
   General Recreation, Indoor:
One space per 200 SF GFA
   General Recreation, Outdoor:
Five spaces per acre of facility + 1 space per 4 persons of total maximum capacity of facility
   Fitness and Sports Center:
One space per 200 SF GFA
   Tour Services:
See § 152.056(D)(3)
   Bowling Alley:
Three spaces per lane + required spaces for ancillary uses
   Billiards:
Three spaces per table + required spaces for ancillary uses
   Golf Course:
Five spaces per hole + required spaces for ancillary uses
   Golf Driving Range:
Two spaces per tee + required spaces for ancillary uses
Personal Services
One space per 300 SF GFA
Financial Institution
One space per 250 SF GFA
Food and Beverage Services:
   Bar, Lounge, or Tavern:
One space per 75 SF patron space + 1 space per 200 SF of outdoor seating area
   Microbrewery, Distillery, and/or Tasting Room:
One space per 150 SF patron space
   Nightclub:
One space per 75 SF patron space + 1 space per 200 SF of outdoor area
   Restaurant, Full Service:
One space per 120 SF GFA + 1 space per 400 SF of outdoor seating area + (1 RV/boat/bus space per 14 required spaces (1 minimum) shall be provided, but may count towards total required spaces. See also § 152.056(F)(3))
   Restaurant, Limited Service:
One space per 75 SF GFA + 1 space per 400 SF of outdoor seating area + (1 RV/boat/bus space per 14 required spaces (1 minimum) shall be provided, but may count towards total required spaces. See also § 152.056(F)(3))
   Medical Marijuana Dispensary, Operation or Cultivation
See § 152.056(D)(3)
Office:
   Business or Professional; Research Laboratory:
One space per 300 SF GFA
   Medical and Dental:
One space per 250 SF GFA
   Personal Services:
One space per 300 SF GFA
Retail Sales:
   Alcoholic beverages; Convenience Store; Retail, General; Business Services:
One space per 300 SF GFA
   Retail, Large:
One space per 300 SF GFA
   Nursery, Commercial; Feed Store:
One space per 400 SF of sales and display area
   Outdoor Vending:
One space per employee + principal use
   Farmers Market; Flea Market:
One space per 500 SF of designated vendor area
   Self-Storage, Indoor
One space per 50 units or 1 space per 5,000 SF of storage area, whichever is greater
Instructional Services or Trade Schools
One space per 200 SF GFA
Vehicle Services:
   Vehicle/Boat, Sales and Leasing; Rentals:
One space per 400 SF of sales and service buildings + 1 space per 10,000 SF of outdoor display area
   Vehicle/Boat, Repair:
Three spaces per service bay + 1 space per 350 SF of additional retail sales and service area (service bay shall not be counted as a parking space)
   Car Wash, Full Service:
One space per 200 SF of sales, office and lounge area
   Car Wash, Self- Serve:
0.5 spaces per bay + stacking (§ 152.056(K)(7))
   Service Station:
Space at pump + 1 space per fueling position
   Service Station with Convenience Store:
Space at pump + 1 space per fueling position + 1 space per 300 SF GFA
Visitor Services:
   Hotel or Motel:
One space per guest room + 1 space per 4 persons of total maximum capacity of banquet room (if present) + 2 spaces per 3 employees + (1 RV/boat/bus space per 6 guest rooms (1 minimum) shall be provided, but may count towards total required spaces. See also § 152.056(F)(3))
Industrial Use Categories
Building Materials; Wholesale
One space per 500 SF of sales related area + 1 space per 350 SF of office area
Distribution Warehouse/Yard
One space per 2,000 SF of warehouse and/or 5,000 SF of yard related area + 1 space per 350 SF of office area
Manufacturing/Assembly:
 
   Light:
One space per 500 SF of warehouse area + 1 space per 350 SF of office area
   Heavy:
One space per 1,000 SF of warehouse area + 1 space per 350 SF of office area
Resource Extraction
See § 152.056(D)(3)
Outside Storage (Boat/RV)
Minimum 4 spaces + 1 space per employee
Truck Stop
See § 152.056(D)(3)
Waste, Salvage and Recycling Facility
See § 152.056(D)(3)
 
      (1)   Multiple uses. Unless otherwise specified, lots containing more than one use shall provide parking and loading in an amount equal to the total of the requirements for all activities.
      (2)   Non-specified parking requirements. It is recognized that specifying a single parking requirement for some uses listed in Table 4.2-1 is not reasonably feasible due to the far-reaching variation in use characteristics that can exist within that specific use type. For those uses listed in Table 4.2-1 that do not have a specific parking requirement identified, the Zoning Administrator shall determine a parking requirement based upon the requirements for the most similar comparable use, the particular characteristics of the proposed use, and any other relevant data regarding parking demand. In order to make this determination, the Zoning Administrator may require the applicant to submit a parking demand study or other information, at the applicant's cost. The parking demand study may include, but is not limited to, estimates of parking demand based on recommendations of the Institute of Transportation Engineers (ITE), or other acceptable sources as approved by the Zoning Administrator, and should include other reliable data collected from uses or combinations of uses that are the same as or comparable with the proposed use.
      (3)   Unspecified uses. Where buildings are constructed without uses specified (i.e. shell buildings), the use with the highest parking requirement among all uses specified for the zoning district where the site is located shall be used to calculate off-street parking requirements.
      (4)   Uses not listed. Parking for land uses not specifically listed in Table 4.2-1 shall be determined by the Zoning Administrator based upon the requirements for the most similar comparable use, the particular characteristics of the proposed use, and any other relevant data regarding parking demand. In order to make this determination, the Zoning Administrator may require the applicant to submit a parking demand study or other information, at the applicant's cost. The parking demand study may include, but is not limited to, estimates of parking demand based on recommendations of the Institute of Transportation Engineers (ITE), or other acceptable sources as approved by the Zoning Administrator, and should include other reliable data collected from uses or combinations of uses that are the same as, or comparable with, the proposed use.
      (5)   Uses in the CBD Zoning District. The parking requirements for uses in the CBD zoning district may be amended in the following manner:
         (a)   Parking requirements shall be half of those listed in Table 4.2-1, with the exception of service stations, grocery and supermarkets, laundries, and motels and hotels, each of which shall meet all requirements listed in Table 4.2-1.
         (b)   A parking demand study may be prepared and submitted, at the applicant's cost, to request a modification to parking requirements within the CBD Zoning District. The parking demand study may include, but is not limited to, estimates of parking demand based on recommendations of the Institute of Transportation Engineers (ITE), or other acceptable sources as approved by the Zoning Administrator, and should include other reliable data collected from uses or combinations of uses that are the same as or comparable with the proposed use. The study should also take into account peak operating hours and both on-street and off-street parking conditions to accurately demonstrate parking demand and supply.
         (c)   For any change of use within the CBD Zoning District that may require an increase to available off-street parking that cannot be accommodated on-site, § 152.056(E), the Zoning Administrator may accept a traffic management plan, prepared by the applicant at their expense, which contains information on the strategies, designated parking areas, peak operating hours, and information indicating the applicant's ability to provide and enforce these elements over time. The Zoning Administrator may impose conditions that are needed to ensure the long-term compliance to the plan, including but not limited to a reserve parking area, phasing, or contributions to other alternative means of transportation or parking accommodations.
      (6)   Basis of calculation. When calculating the number of parking spaces required results in a fractional number, any fraction one -half or greater shall be rounded up to the nearest whole number.
      (7)   Occupancy or capacity-based standards. For the purpose of computing parking requirements based on employees, students, residents or occupants, calculations must be based on the largest number of persons working on any single shift, the maximum enrollment or the maximum fire-rated capacity, whichever results in the greater number of spaces, unless otherwise explicitly specified within Table 4.2-1.
   (E)   Alternative parking provisions. Where conditions preclude the provision of the number of off-street parking spaces required by Table 4.2-1, the following alternative parking provisions may be available, subject to town approval:
      (1)   On-street parking. On-street parking spaces in the right-of-way along the property line, between the lot lines of the site, may be counted to satisfy the minimum off-street parking requirements for non-residential uses. One on-street parking space may be substituted for each required off-street space. These provisions only apply to street frontages where on-street parking is allowed and provided. The parking space credit shall be determined at the time of site plan approval.
      (2)   Tandem parking. Shall mean a space where one vehicle parks behind another, so that one vehicle must be moved before the other can be accessed. Accessible parking spaces shall not be used for tandem parking spaces. Tandem parking shall be limited to a maximum of two cars in depth and no less than nine feet wide and 40 feet long. Tandem parking stalls are only allowed for:
         (a)   Residential uses. Tandem parking spaces shall be allowed for single-family, duplex and townhome residential with spaces and access paved in accordance with the town engineering standards.
         (b)   Multi-family residential uses. Tandem parking spaces shall be allowed for condominium and multifamily residential uses, subject to the following conditions:
            1.   The tandem spaces shall be reserved for and assigned to dwelling units which are required to have two or more parking spaces; and
            2.   Tandem spaces shall not be used for guest parking.
         (c)   Non-residential uses. Tandem parking spaces shall not be allowed for new non-residential construction.
      (3)   Shared parking. The Zoning Administrator may approve shared parking arrangements for developments or uses with different operating hours or different peak business periods if the shared parking complies with all of the following standards:
         (a)   Eligible developments or uses. Shared parking arrangements shall only be allowed for non-residential uses with different hours of operation or different peak business periods.
         (b)   Location.
            1.   Shared parking facilities shall be located on the subject property of the specified principal uses proposing to use shared facilities.
            2.   All shared parking facilities shall be located within 600 feet from the subject site to the primary entrance of each principal use. The distance of the off-street parking area to the principal uses shall be measured along the shortest legal and acceptable pedestrian route. Acceptable pedestrian routes are defined within § 152.056(K)(7).
         (c)   Parking study required. Those proposing to use shared parking as a means of satisfying off-street parking requirements shall submit a shared parking study to staff that clearly demonstrates the feasibility of shared parking. At a minimum, the study must address the size and type of the proposed development, the composition of tenants, the anticipated rate of parking turnover and the anticipated peak parking and traffic loads for all uses that will be sharing off-street parking spaces.
         (d)   Design and improvement standards. All newly-constructed shared parking facilities shall conform to the same standards of access, configuration, landscaping, lighting, layout, location, and size as are required by this section for off-street parking spaces.
         (e)   Covenant required. A town-approved covenant shall be recorded with the county that includes a description of the shared parking arrangement, a requirement that all current and future tenants are notified of and shall adhere to the same hours of operation and conditions of the shared parking approval. Recordation of the agreement must take place before issuance of a building permit or business registration/renewal for any use to be served by the off-site parking area. The Zoning Administrator may grant permission to dissolve a shared parking agreement only if all required off-street parking spaces will be provided, in accordance with § 152.056(D) and (E).
      (4)   Off-site parking. The Zoning Administrator may approve the location of required off-site parking spaces on a separate lot from the lot on which the principal use is located if the off-site parking complies with all of the following standards:
         (a)   Ineligible uses. Unless expressly permitted, off-site parking may not be allowed for residential uses or other convenience-oriented uses.
         (b)   Location.
            1.   Off-site parking may be allowed only in the CBD district, or outside the CBD upon issuance of a permit for a special event.
            2.   All off-site parking spaces shall be located within 600 feet from the subject site to the primary entrance of the principal use, unless a remote shuttle bus or valet parking service is provided. The distance of the off-site parking area to the principal use shall be measured along the shortest legal and acceptable pedestrian route. Acceptable pedestrian routes are defined within § 152.056(K)(7).
            3.   Required parking spaces for persons with disabilities may not be located off-site.
         (c)   Design and improvement standards. All newly-constructed off-site parking spaces shall conform to the same standards of access, configuration, landscaping, lighting, layout, location, and size as are required by this section for off-street parking spaces.
         (d)   Terms of off-site parking.
            1.   A town-approved covenant shall be recorded with the county that includes a description of the off-site parking and a requirement that the owner of the separated lot maintain the required parking for the life of the use to which it is covenanted.
            2.   The owner or operator of a business that uses approved off-site space to satisfy the parking requirements of this chapter shall immediately notify the Zoning Administrator of any change of ownership or use of the property for which the spaces are required, and of any termination or default of the agreement between the parties.
            3.   Should an agreement for required off-site parking expire or otherwise terminate, the Zoning Administrator shall determine a reasonable time in which one of the following shall occur:
               a.   Substitute parking is provided that is acceptable to the town; or
               b.   The size or capacity of the use is reduced in proportion to the parking spaces lost.
            4.   If the above conditions are not met in the timeframe identified, the use for which the off-site parking was provided shall be considered nonconforming and any and all approvals, including conditional use permits shall be subject to revocation.
      (5)   Electric vehicle charging stations. Each charging station counts toward the minimum number of required parking spaces.
   (F)   Parking space dimensions.
      (1)   Vehicular parking space dimensions. All vehicular parking areas shall comply with the minimum dimension requirements as set forth in Table 4.2-2 and as illustrated in Figure 4.2-A.
Table 4.2-2: Vehicle Parking Dimensions
A
B
C
D
E
F
Parking Angle
Parking Space Width1
Parking Space Length2
Aisle Width (1-Way)
Aisle Width (2-Way)
Curb Length
Table 4.2-2: Vehicle Parking Dimensions
A
B
C
D
E
F
Parking Angle
Parking Space Width1
Parking Space Length2
Aisle Width (1-Way)
Aisle Width (2-Way)
Curb Length
90
10 feet
20 feet
23 feet
24 feet
10 feet
60
10 feet
21 feet
18 feet
24 feet
11 feet 7 inches
45
10 feet
19 feet 10 inches
13 feet
24 feet
14 feet 2 inches
30
10 feet
17 feet 4 inches
12 feet
20 feet
20 feet
Parallel
10 feet
N/A
12 feet
20 feet
22 feet 3 
1   The width of a parking space shall be increased by 2 feet when adjacent to fences, walls, or planters.
2   The length of a parking space can be reduced subject to meeting the requirements of § 152.056(K)(5). The length of the parking space and use of wheel stops shall be implemented in a manner that assures vehicle overhang will avoid contact with abutting objects such as landscaping, irrigation, or walls and vehicle intrusion on walkways.
3   A single parallel parking space shall have a curb length of 26 feet.
 
 
      (2)   Motorcycle parking. All developments shall be allowed to designate a portion of their required ten feet by 20 feet parking spaces for motorcycle parking.
      (3)   Recreational vehicle and bus parking space dimensions. All recreational vehicle, boat, personal watercraft or bus parking areas shall be a minimum of 12 feet in width and 35 feet in length. If 12 feet in width and 40 feet in length stalls are provided, they may be counted as two required standard stalls.
   (G)   Accessible parking. Off-street handicapped accessible parking spaces shall be provided in accordance with Table 4.2-3 for all uses that provide off-street parking. All disabled accessible parking spaces shall count toward fulfilling the off-street parking requirements of this section.
      (1)   Number of spaces required for residential. Handicapped-accessible parking for residential uses shall be provided at the rate of one space per each dwelling unit that is designated for occupancy by the handicapped.
      (2)   Number of spaces required for non-residential. Handicapped-accessible parking for non-residential uses shall be in accordance with the rate shown in the table below:
Table 4.2-3: Accessible Parking Requirements
Total Number of Parking Spaces Provided in Parking Facility
Minimum Number of Required Accessible Parking Spaces
Table 4.2-3: Accessible Parking Requirements
Total Number of Parking Spaces Provided in Parking Facility
Minimum Number of Required Accessible Parking Spaces
1 to 25
1
26 to 50
2
51 to 75
3
76 to 100
4
101 to 150
5
151 to 200
6
201 to 300
7
301 to 400
8
401 to 500
9
501 to 1,000
2 % of total
1,001 and over
20, plus 1 for each 100, or fraction thereof, over 1,000
 
         (a)   Where more than one parking facility is provided on a site, the number of accessible spaces provided on the site shall be calculated separately according to the number of spaces required for each parking facility.
         (b)   For every six or fraction of six parking spaces required by Table 4.2-3, at least one shall be a van parking space.
      (3)   Dimensions of accessible parking space. Vehicle accessible spaces shall be at least eight-feet wide and have at least a five-foot wide access aisle abutting the designated parking space. Van accessible spaces shall be at least eight-feet wide and have at least an eight-foot wide access aisle abutting the designated parking space.
      (4)   Location of accessible parking spaces. Accessible parking spaces shall be located on the shortest accessible and unobstructed route from the parking space to an accessible building or facility entrance. In parking facilities where the accessible route must cross vehicular traffic lanes, the route shall be designated and marked as a crosswalk. Where possible, it is also preferable that the accessible route not pass behind parked vehicles.
   (H)   Loading area requirements.
      (1)   Passenger loading areas. A passenger loading space is the area a vehicle occupies while loading or unloading passengers. Passenger loading areas shall be provided in accordance with the following table of minimum requirements. The required passenger loading spaces shall not be part of the spaces used to satisfy the off-street parking requirements.
Table 4.2-4: Passenger Loading Area Requirements
Use Type
Loading Spaces Required
Table 4.2-4: Passenger Loading Area Requirements
Use Type
Loading Spaces Required
Cultural or Public Facility
2
Day Care Center, Commercial
3
Hospital
2
Medical Offices
1 per 5,000 sq. ft.
Hotel or Motel
3
Religious Assembly
1 per 50 required parking spaces
Multi-Family Residential
1 per 50 units
Tour Services
1 per active tour vehicle (based on typical operations)
Other
Determined by Zoning Administrator
 
         (a)   Location. Passenger loading areas shall be provided adjacent to the main entrance of the use or structure they are intended to serve, unless another entrance serves as the main point of access from the parking area to the structure or use.
         (b)   Maneuvering. Passenger loading areas shall consist of a vehicle turnout area so as to not interfere with the circulation of vehicles, pedestrians or bicycles within the parking area.
         (c)   Dimensions. A passenger loading space shall be a minimum of 12 feet in width and 25 feet in length, unless off-street loading will involve the use of recreation vehicles or other vehicles in excess of 25 feet in length, in which case loading spaces shall be at least 12 feet in width and 65 feet in length. A minimum vertical clearance of 14 feet shall be maintained.
      (2)   Material loading areas. Whenever the operation of any use requires that goods, merchandise, or equipment be delivered to or shipped from that use, such as grocery stores, furniture or appliance stores, plant nurseries, retail uses, hospitals, educational uses, and manufacturing and processing centers, off-street material loading and unloading areas shall be provided in accordance with the following table of minimum requirements. The required material loading spaces shall not be part of the spaces used to satisfy the off-street parking requirements.
Table 4.2-5: Material Loading Area Requirements
Gross Floor Area (sq. ft.)1
Loading Spaces Required
Table 4.2-5: Material Loading Area Requirements
Gross Floor Area (sq. ft.)1
Loading Spaces Required
0 - 15,000
1
15,001 - 40,000
2
40,001 - 90,000
3
90,001 - 150,000
4
Over 150,000
5
1   Outdoor storage, sales or display areas are included as part of the calculation of gross floor area if these areas contain materials that are received or distributed via trucks.
 
         (a)   Location. Material loading areas shall be on the same lot or parcel of land as the use or structure they are intended to serve and shall be located as near as possible to the building door openings providing loading access.
         (b)   Dimensions. Required loading space dimensions depend upon the size of delivery vehicles serving the site. Minimum sizes are as follows:
            1.   Ten feet wide, 30 feet long, 14 feet overhead clearance: Spaces serving single-unit trucks and similar delivery vehicles.
            2.   Twelve feet wide, 65 feet long, 15 feet overhead clearance: Spaces serving larger freight vehicles.
         (c)   Maneuvering. Minimum required maneuvering areas depend upon the size of delivery vehicles serving the site. Minimum maneuvering sizes are as follows:
            1.   Thirty feet: Spaces serving single-unit trucks and similar delivery vehicles.
            2.   Fifty feet: Spaces serving larger freight vehicles.
            3.   Maneuvering areas for loading spaces must not conflict with parking spaces or with the maneuvering areas for parking spaces. All maneuvering shall be contained on-site and shall not interfere with any public right-of-way.
            4.   The provisions of this division (H)(2)(c) shall not apply to uses located in the CBD zoning district.
         (d)   Setbacks and screening. Loading areas may not be located in a required setback. See § 152.057(C)(6) for specific guidelines regarding screening of loading areas.
      (3)   Exceptions. Exceptions may be granted when a traffic or parking study demonstrates the need for lower loading requirements.
   (I)   Bicycle parking.
      (1)   Bicycle parking requirement. Bicycle parking is required for multi-family residential and non-residential development. The number of bicycle parking spaces provided shall be at least equal to 5% of the number of vehicle parking spaces required under this section.
      (2)   Bicycle location requirement. Bicycle parking facilities shall be located on the same lot as the use for which it is intended to serve, have convenient access to the main entrance of the principal building or structure, and maximize visibility from the main entrance and/or other high activity areas.
      (3)   Bicycle space dimensions. Bicycle spaces shall measure two feet in width by six feet in length or demonstrate feasible alternative.
      (4)   Bicycle parking design. Bicycle parking racks shall support each bicycle in a method that does not use a wheel as the primary means of support and connection to the rack. Bicycle parking racks shall also be securely anchored to a hard surface.
   (J)   Special parking requirements for residential uses.
      (1)   Type of required residential parking spaces. Required spaces for all non-multi-family residential uses may be either side-by-side or tandem as specified in § 152.056(E)(3), side-by-side parking areas shall at a minimum measure 18 feet wide by 20 feet deep with no obstructions. Tandem spaces shall at a minimum measure nine feet wide by 40 feet deep with no obstructions.
      (2)   Residential driveway design.
         (a)   All residential lots except in the AR and RE zoning districts shall provide a paved driveway between a local public street or private drive and all required parking spaces. If access to a public street is provided via an alley, the alley and drive shall be fully paved.
         (b)   Residential driveways shall not be less than 20 feet in length, as measured from the back of sidewalk, or right-of-way line if no sidewalk is provided, to the front face of a dwelling unit (i.e. garage or carport).
         (c)   Residential driveways which provide access from a garage to an alley may be less than 20 feet in length, provided that the total width of the alley and the total length of the driveway combine to provide a minimum length of 23 feet for the maneuvering area.
      (3)   Location of residential parking spaces.
         (a)   Parking spaces for residential uses, as specified in Table 4.2-1, may be allowed in the front yard setback area or street side yard setback for corner lots, but not both.
         (b)   The portion of a residential driveway or maneuvering area located within the front setback (or street side yard setback for corner lots) of lots zoned AR, RE, R-1, R-2, MHS, and MHP may be used for parking of vehicles for occupants and guests, subject to the following requirements:
            1.   Parking of vehicles shall be done only on areas paved with concrete, asphalt, pavers, or gravel areas. Lots located in the AR and RE Districts shall be exempt from this requirement.
            2.   The combined extent of residential driveway, maneuvering, and parking areas shall not occupy more than 50% of the required front or street side yard setback area or three stalls (nine feet by 18 feet) for lot widths above 50 feet, whichever is greater.
            3.   The required front or street side yard setback area that is allowed to be used for residential driveway, maneuvering, and parking areas can be covered if the cover meets the following criteria:
               a.   Is open on three sides;
               b.   Is architecturally compatible with the dwelling unit; and
               c.   Does not extend into rights-of-way or easements.
         (c)   For all lots zoned AR, RE, R-1, R-2, MHS, and MHP parking of vehicles within any interior side or rear yard is permissible, provided the area is paved with concrete, asphalt, pavers, or gravel and is not located closer than three feet to an abutting side property line, unless a shared driveway is utilized.
   (K)   Parking area design and layout standards. In addition to meeting the applicable off-street parking requirements of this section, the following parking area design and layout regulations shall be complied with for all uses allowed in each zoning district; excluding individual residential lots in the AR, RE, R-1, and R-2 districts, unless expressly modified in the following provisions.
      (1)   Access to parking areas and parking spaces.
         (a)   All parking areas shall provide access to a public street by means of a paved driveway that extends on-site to a point not less than 20 feet from the property line.
         (b)   If an off-street parking area utilizes a publicly dedicated alley for access to a public street, the alley shall be paved the full length of the alley. The use of an alley for access to a multi-family, commercial or industrial site opposite any R-1 zoning district is prohibited.
      (2)   General parking design and maintenance.
         (a)   All parking areas shall be designed, constructed, and drained in accordance with all applicable town ordinances, standards, and regulations.
         (b)   Vehicles are prohibited from parking in the sight triangle. The sight triangle is located at the intersection of two streets or the intersection of a street and a driveway. The sight triangle is present on all corner lots and is measured by extending the property lines until they intersect. Each of the two legs of the sight triangle shall measure 30 feet in length along the property line and/or driveway and shall be connected by the third side of the triangle. No curb cuts, driveways, maneuvering areas, and minimal landscaping shall be permitted within the described triangular area.
         (c)   All parking spaces shall be permanently marked. Circulation aisles, approach lanes, and turning areas shall be clearly marked with directional arrows and lines to ensure safe traffic movement.
         (d)   All required off-street parking areas shall be maintained in a debris-free, pothole-free, and excessive crack-free condition; as determined by the Zoning Administrator.
      (3)   Parking circulation design.
         (a)   Drive aisles and maneuvering areas shall be designed to facilitate the safe movement of vehicles without posing a danger to pedestrians or impeding the function of the parking area.
         (b)   Parking areas that accommodate 20 or more vehicles must maintain continuous circulation patterns, with no dead-ends, and safe access to public streets.
         (c)   Ninety degree parking areas that accommodate less than ten vehicles and terminate in a dead-end shall provide a five foot maneuvering area for the width of the aisle to assist in turning movements.
         (d)   All off-street parking areas shall be designed so as to provide ingress and egress from a public street by the forward motion of the vehicle. Required off-street parking spaces shall be accessible without backing into or otherwise re-entering a public right-of-way.
         (e)   All off-street parking areas must have the necessary dimensions for the on-site maneuvering of refuse and fire trucks. If off-site maneuvering is necessary, a permanent, recorded cross-access easement must be filed with the Community Development Department prior to issuance of a building permit.
      (4)   Shared access. Parking areas shall provide reasonable connectivity to adjacent parking areas, when requested by the town to promote convenience, safety and efficient circulation. A cross access agreement guaranteeing the continued availability of the shared access between the properties and running with the land shall be recorded by the owners of the abutting properties.
      (5)   Curbing and wheel stops.
         (a)   Continuous curbing at least six inches high and six inches wide shall be provided around the perimeter of all parking and drive aisle areas. Curbing located adjacent to stormwater facilities may contain curb cuts to allow for necessary drainage.
         (b)   To avoid conflicts or safety hazards, concrete wheel stops at least four inches high and six inches wide shall be located at least two feet from any adjacent wall, pole, fence, property line, walkway, sidewalk, landscape area or any other obstruction over four inches in height where parking is located, unless other provisions within this section are met. The two-foot overhang area shall be measured from the front end of the space to the rear of the wheel stop.
         (c)   The curbs adjacent to walkways or sidewalks may be used as wheel stops, allowing the car to extend into or overhang the sidewalk, only if a sidewalk with a width of six feet is provided. Where such overhang is used, the length of the parking space may be reduced by two feet. Under no circumstances shall vehicles be allowed to extend into or overhang abutting right-of-way and/or private property.
         (d)   The curbs around landscape areas and/or planters may be used as wheel stops, allowing the car to overhang the landscape area, only if the landscape area is a minimum of two feet wide for single row parking or a minimum of seven feet wide for opposing parking rows. Where such overhang is used, the length of the parking space may be reduced by two feet. Any plants or landscape materials within the two-foot overhang may not extend more than two inches above the six inch curb. All sprinklers should be placed outside of the bumper overhang or aligned with the parking space stripe so they are out of range of car bumpers. Use of such bumper overhangs reduces impervious surfaces and is encouraged. Under no circumstances shall vehicles be allowed to extend into or overhang abutting right-of-way and/or private property.
      (6)   Stacking spaces.
         (a)   Required stacking spaces. In addition to meeting the off-street parking requirements of this section, all drive-through facilities shall provide vehicle stacking spaces in accordance with the following table:
Table 4.2-6: Vehicle Stacking Requirements
Use Type
Stacking Space Requirement
Table 4.2-6: Vehicle Stacking Requirements
Use Type
Stacking Space Requirement
Automated Teller Machine
Two per machine
Bank Teller
Three per teller or window (CBD - 2 per teller or window)
Car Wash
Three per bay at entrance (CBD - 2 per bay entrance)
One per bay at exit
Retail Business (dry cleaning, liquor store, etc.)
Two per window
Pharmacy
Two per window
Restaurant, drive through
Three behind menu board (CBD - 2 behind menu board)
 
Three behind window (CBD - 2 behind first window)
Other
Zoning Administrator shall determine a stacking requirement based upon the requirements for the most similar comparable use, the particular characteristics of the proposed use, and any other relevant data regarding stacking demand
 
         (b)   Design and layout of stacking spaces.
            1.   Stacking spaces shall be a minimum of nine feet by 20 feet in size.
            2.   Stacking spaces shall not interfere with on- or off-site traffic movements or movements into or out of off-street parking spaces.
            3.   Stacking spaces must be separated from other internal driveways by striping or raised medians if deemed necessary by the Zoning Administrator.
         (c)   Exceptions. Exceptions may be granted when a traffic or parking study demonstrates the need for lower stacking requirements.
      (7)   Pedestrian safe access.
         (a)   Parking lots in excess of 100 spaces shall provide direct and continuous pedestrian networks within and adjacent to parking areas to connect building entrances, parking spaces, public sidewalks, transit stops and other pedestrian destinations.
         (b)   A safe and direct pedestrian pathway must be provided from the street or sidewalk through the parking area to the primary building entrance. These pathways must be ADA compliant, and either be completely separated from vehicular traffic or clearly designated, such as through a raised surface or distinctive paving.
         (c)   Pedestrian pathways within parking areas that cross driveways must be clearly marked, such as through a raised surface or distinctive paving.
         (d)   Whenever possible, parking rows should be aligned perpendicular to the main building, as this provides for a safer and more direct pedestrian route.
   (L)   Parking area landscaping. The perimeter and interior of parking lots shall be landscaped pursuant to the requirements in § 152.057(B).
   (M)   Parking area lighting. Off-street parking and loading areas shall adhere to the lighting requirements in § 152.059.
(Ord. 2020-02, passed 4-13-2020)

§ 152.057 LANDSCAPE, WALLS, AND SCREENING.

   (A)   Purpose. The landscape, walls, and screening section provides uniform standards for the installation of landscaping, walls and buffer areas as well as guidelines for the protection, maintenance and management of these resources to promote and encourage sustainability, effectuate privacy, facilitate logical development and enhance property value. This section includes guidance on where landscaping is required; the types and use of vegetation allowed, the provision of screening and buffering mechanisms (where necessary) to encourage the creation of an attractive appearance along public streets while screening unattractive uses. Landscaping materials, including ground cover, shrubs and trees, promote the control of erosion and the reduction of glare and dust, as well as visually softening buildings, parking lots and walls. Walls and screening devices allow for the separation of incompatible uses and for the buffering of intensive activities.
   (B)   Landscape. This section is intended to contribute to the aesthetic character of the town through the provision of landscaping and retention of existing vegetation.
      (1)   Applicability. These requirements apply to residential and non-residential uses except those located in the IP district and single family home lots. These regulations shall also apply to the required on- and off-site improvements of a subdivision.
      (2)   Selection of plant materials. Xeriscape landscaping incorporates water-conserving design through proper plant selection, installation, and maintenance practices. The species and variety of plants selected to meet the landscape requirements of this section, shall correspond closely with the following xeriscape principles:
 
Table 4.3-1: Xeriscape Principles
Good Landscape Planning and Design
Careful consideration of a site's size and shape, soil type, topography, and building configuration is essential in developing a good landscape plan. The function of the space (i.e., its use), the amount of available sun, location of views, regional and microclimate conditions, and a preliminary assessment of landscape watering zones should also be taken into account in early planning of a xeriscape landscape.
Use of Drought Tolerant and Low-Water Use Plants
Primarily drought tolerant and low water use plants shall be used. These plants can serve nearly every function. Some provide shade and texture, while others are appropriate for borders, accent areas, seasonal color, and year-round greenery. Native wildflowers and grasses are typically suitable for revegetating disturbed areas.
Appropriate Lawn Areas
Lawns require a lot of water to stay green and healthy. Lawns shall only be located in areas where they provide functional benefits. Lawn areas planted close to a building may provide a cooling effect. Lawns should not be planted in odd shaped areas that cannot be watered efficiently. Lawn areas can often be planted with modern, low-water-use, drought-tolerant grasses.
Efficient Irrigation
Install irrigation systems so that they provide an adequate amount of water at the proper time to the root zone of plants. Each plant and vegetative type has its own water needs, and the planting arrangement and irrigation system should be designed to reflect those needs. Moisture sensors should be installed on irrigation controls to measure real time soil moisture. Each water use zone should be on a different valve. Additionally, stormwater runoff should be routed into each area to offset irrigation needs.
Soil Improvement
Organic matter should be added to existing soils to increase water-holding capacity and provide beneficial nutrients to plants. In low water-use zones, loosening the soil may be all that is needed.
Appropriate Maintenance
Xeriscape landscapes require low maintenance, but not no maintenance. To be effective, a xeriscape landscape must be monitored with a program of pruning, weed control, pest control, and irrigation system adjustments.
 
      (3)   Site area landscaping.
         (a)   Any part of a non-residential and multi-family development not used for buildings, parking, driveways, sidewalks, or natural undisturbed open space shall be landscaped with vegetation and landscape topping material.
         (b)   Required site area landscape planting criteria. The total quantity of required landscape materials shall be computed for all site landscape areas as follows (unless otherwise noted within this chapter):
            1.   Trees. A minimum of one tree shall be required per 500 square feet of landscape area. All deciduous trees shall not be less than 1½ inches caliper; all coniferous trees shall not be less than five feet planted height.
            2.   Shrubs. One shrub shall also be required per 100 square feet of landscape area. All shrubs shall be a minimum of five gallons in size.
            3.   Groundcover. Hardy perennials and accent plants shall be a minimum of one gallon in size. One plant shall be provided per 200 square feet of landscape area.
            4.   Landscape topping materials. All landscaped areas shall be finished with a natural topping material which may include, but not limited to, crushed aggregate (two inches minimum depth). Type, size and color of landscape topping material for projects shall be approved through the landscape plan review process.
         (c)   The front yard of residential development in the R-1 and R-2 zoning districts shall be landscaped with vegetation and/or landscape topping material.
      (4)   Streetscape landscaping.
         (a)   The entire area of a public street right-of-way between a street side property line and back of street curb (excluding approved driveways and walkways or right-of-way not under the control of the town) shall also be landscaped.
         (b)   Required streetscape landscape planting criteria. The total quantity of required landscape materials shall be computed for all streetscape landscape areas as follows (unless otherwise noted within this chapter):
            1.   Trees. A minimum of one tree shall be required for every 50 feet of lineal frontage. All deciduous trees shall not be less than 1½ inches caliper; all coniferous trees shall not be less than five feet planted height.
            2.   Shrubs. Three shrub shall also be required for every 50 feet of lineal frontage. All shrubs shall be a minimum of five gallons in size.
            3.   Groundcover. Hardy perennials and accent plants shall be a minimum of one gallon in size. One plant shall be required for every 50 feet of lineal frontage.
            4.   Landscape topping materials. All landscaped areas shall be finished with a natural topping material which may include, but not limited to, crushed aggregate (two inches minimum depth). Type, size and color of landscape topping material for projects shall be approved through the landscape plan review process.
         (c)   Placement of required streetscape landscaping.
            1.   Vegetation may be clustered and located within the public street right-of-way or partially within the adjacent ten feet of the site.
            2.   Vegetation shall not be placed in drainage ways.
            3.   Trees may not be planted where they will interfere with any overhead or underground utility lines in their initial planted or mature height or width.
            4.   Trees are not to be planted in any sight triangle. Shrubs to be planted in any sight triangle shall be of varieties that do not exceed mature heights of more than 24 inches measured from finished grade.
            5.   Trees and/or shrubs shall not be planted closer than three feet to any fire hydrant or utility pole.
            6.   Trees shall not be planted closer than five feet to the face of any curb unless part of a landscaping plan that has been approved by the Zoning Administrator.
      (5)   Parking area landscape requirements. All parking areas shall be landscaped in compliance with the following requirements:
         (a)   Landscape areas with raised concrete curbing shall define all parking lot edges, entrances, drives, aisles and the ends of all parking aisles.
         (b)   Parking lot landscape islands shall be installed at the end of each parking aisle and at a ratio of one landscape island for every 12 parking spaces. In no instance shall more than 12 contiguous parking spaces be installed in a row without the placement of a landscaped island.
         (c)   The design and landscape requirements of all parking islands/planters shall be consistent with the following:
            1.   Each landscape island in the parking lot shall extend the entire depth of the double or single loaded stall design and contain a minimum of 75 square feet of area, not including curbs, and shall measure a minimum of six feet in width at the mid-point.
            2.   Each landscape island shall include a minimum of one tree and landscape topping material per § 152.057(B)(3)(b)4.
      (6)   Landscape maintenance.
         (a)   All landscape improvements installed in accordance with the requirements and provisions of this chapter for new or expanded developments and uses within on-site landscape areas as well as in the right-of-way, shall be maintained, in perpetuity, by the property owner or owner's association (should the property be subdivided) or the lessee of the site.
         (b)   All landscape areas shall be provided with a permanent, fixed automatic irrigation system.
         (c)   Any plant material that does not survive shall be replaced within 30 days.
      (7)   Landscape plan regulations.
         (a)   A "preliminary landscape plan" and a "final landscape plan" shall be prepared by a landscape architect or design professional submitted, and approved for all applicable development projects in accordance with the procedures and requirements set forth in this section.
         (b)   All changes in the landscaping of a site/development area after final landscape plan approval and landscape installation shall be approved by the Community Development Department prior to issuing a certificate of occupancy by the town.
         (c)   Prior to the issuance of a building permit, the Community Development Department shall review and approve the required plans (i.e. lighting, drainage, mechanical) which affect the placement and type of landscaping and walls within the site.
         (d)   Landscape plan preparation and approval.
            1.   Preliminary landscape plan. A dimensioned preliminary landscape plan shall be prepared and submitted along with the required development/site plan for review by the Zoning Administrator. The preliminary landscape plan may be shown on the development/site plan drawings. The components of the preliminary landscape plan shall include, (at minimum) a scaled plan indicating the general locations of all existing and proposed trees, shrub massings, and groundcovers. Actual botanical names are not required to be specified at this time. Property lines, north arrow, existing and proposed structures, streets, sidewalks, trails, major natural features, walls and fences, slopes, berms, basins, drainage structures, trash enclosures, sewer laterals, utility transformers, site furniture, concrete curbing, decorative paving, and other site elements that relate to or affect the overall landscape along with any notes describing the proposed method of irrigation. The preliminary landscape plan shall be reviewed and approved by the Community Development Department as part of the development/site plan review, and may be approved with stipulated changes or additions. A building permit may be issued prior to final landscape plan approval; however, certificate of occupancy will not be issued until final landscape plan is approved.
            2.   Final landscape plan. A dimensioned final landscape plan, irrigation plan and lighting plan shall be submitted along with all other required site improvement and building plans at the time of application for a building permit. The lighting plan shall be prepared by a technically competent lighting professional. The final landscape plan shall contain the final calculations, data, and specific details and information of all proposed landscaped areas, landscape materials, screening walls, irrigation system, and other items that were required and identified in conceptual form on the preliminary landscape plan. The final landscape plan shall contain a specific schedule of all trees and shrubs identified by common and botanical name, and shall clearly indicate the quantity and size of each tree and shrub to be installed. The final landscape plan shall be in conformance with the approved preliminary plan and any stipulated changes or additions, and shall be approved by the Community Development Department prior to the issuance of a building permit.
            3.   Upon approval, both sets of the landscape plan will be dated and stamped "Approved" and one original, signed plan will be transmitted to the applicant and one will be retained on file with the Community Development Department.
   (C)   Fences, walls and screening. Standards set forth in this section protect the visual quality of the public realm by establishing screening requirements for various land use and development conditions.
      (1)   Applicability. Unless otherwise stated within this chapter, fences and/or walls shall be installed and maintained in compliance with this section.
      (2)   General fence and wall regulations.
         (a)   All general perimeter and on-site fences and walls shall adhere to the town adopted building codes and be constructed of long-lasting materials, such as vinyl, wood, masonry, stone, decorative metal, and be architecturally integrated with the building design. Within the RE, Commercial, Industrial and Airport Zoning Districts, chain link fences may be allowed with the approval of the Community Development Department.
         (b)   Fences or walls are not required to be set back from the property line except as otherwise specified in this chapter.
         (c)   Walls more than six feet in height or retaining walls extending more than four feet in height, measured from the bottom of the footing, require a building permit and supporting structural calculations prepared by a licensed structural engineer. Retaining concrete block walls shall adhere to the town adopted building codes.
         (d)   Barbed wire fences shall be prohibited in R1-12 and R1-8 zoning districts may be permitted in other districts and for temporary construction sites. Temporary barbed wire fencing located on construction sites shall be removed from the site at the time of final inspection, or a certificate of occupancy will not be issued.
      (3)   General wall and fence height standards.
         (a)   Fences or walls located between the front yard building setback line and the front property line of a lot may not exceed four feet in height.
         (b)   In areas behind a required front yard building setback and within the required rear and side yards, including walls for single-family dwellings, the maximum height of walls shall be six feet, as measured from the finish grade, except where a taller wall is necessary for screening purposes. Where two lots abut one another, but have differing finish grades, the wall height shall be limited to six feet on the high side and eight feet on the low side. Modifications of these requirements shall require written request and approval of the Community Development Department.
         (c)   Walls exceeding six feet in height, measured from the inside finished grade, shall require the submittal of structural calculations prepared by a licensed structural engineer, unless specified otherwise in this chapter. Non-retaining concrete block walls shall adhere to the town adopted building codes.
         (d)   Corners. No walls, buildings or other obstruction to visibility in excess of two feet in height (measured from the top of the street curb at each end of the site triangle) shall be placed on any corner lot within a triangular area formed by the curb lines and a line connecting them at points 30 feet from the intersection of lines, extended from the back of curbing. There shall be an exception for any existing trees to remain within the area of triangle, but shall be pruned to a height of seven feet measured from finished grade to permit unobstructed visibility for vehicle drivers.
      (4)   Refuse area screens. All trash, rubbish or garbage, including recyclable materials in common storage areas, except within the IP District, shall be completely enclosed via a solid six foot wall or fence and view obstructing gate and located on a concrete surface. Refuse collection areas shall be readily accessible to collection vehicles, without substantially encumbering adjacent parking and vehicular access. For multi-family dwellings, the enclosure shall be softened with landscaping on any side visible from a public or private street. If the refuse collection area can be seen from the exterior of a manufactured housing park, the enclosure shall be softened with landscaping on its most visible sides. For all other uses, if the refuse collection area can be seen from the front of the property, the enclosure shall be softened with landscaping on its most visible side.
      (5)   Mechanical equipment screens. All mechanical equipment, either ground-mounted or located on a rooftop, shall be screened from the view of a person standing on the property line on the far side of an adjacent public street. Individual screening of rooftop mechanical equipment is discouraged. Rooftop units should either be grouped together and screened or screened with a parapet wall the entire length of the building. Such a parapet wall shall be designed to be integral to the overall architecture of the building.
(Ord. 2020-02, passed 4-13-2020)

§ 152.058 SIGNAGE.

   (A)   Purpose. These regulations balance the need to protect the public safety and welfare, the need for a well maintained and attractive community, and the need for adequate identification, communication and advertising. The regulations for signs have the following specific objectives:
      (1)   To ensure that signs are designed, constructed, installed and maintained according to minimum standards to safeguard life, health, property, and public welfare;
      (2)   To allow and promote positive conditions for sign communication;
      (3)   To reflect and support the desired ambience and development patterns of the various zones, overlay zones, and plan districts and promote an attractive environment;
      (4)   To allow for adequate and effective signs whose dimensional characteristics further the interests of public safety and the needs of the motorist, where signs are viewed from a street or roadway; and
      (5)   To ensure that the constitutionally guaranteed right of free expression is protected.
   (B)   Applicability. The requirements of this code apply to all signs, sign structures, awnings, and other types of sign devices located within the town, except as specified in § 152.059(C), below.
   (C)   Exemptions. The following are exempt from the regulations of this code, but may be subject to other codes enacted by the town where applicable:
      (1)   Signs which are not visible from a public roadway; however, these signs must comply with any building and construction provisions enacted by the town;
      (2)   Signs inside a building;
      (3)   Signs carved into a building or raised in integral relief on a building;
      (4)   Signs required by federal, state, or town law/authority;
      (5)   Noncommercial flags;
      (6)   Painted and/or applied wall accents and decorations;
      (7)   Illuminated building accents and decorations;
      (8)   Public art. Murals defined as works of graphic art hand-painted or applied to building walls, which contain no advertising, commercial messages, or logos; and/or that are not displayed in conjunction with a commercial enterprise which may obtain commercial gain from the display;
      (9)   Name and address. Up to two signs indicating address, number and/or name of occupants of the premises that do not exceed two square feet in area and located in an area not otherwise prohibited by this chapter;
      (10)   Decals. Decals and/or logos affixed to windows or door glass panels, such as those indicating membership in a business group or identifying credit cards accepted at the establishment;
      (11)   Directional or informational signs of a noncommercial public or quasi-public nature, and community signs;
      (12)   Sign repainting without changing wording, composition or colors; or minor nonstructural repairs;
      (13)   On-premise signs that are relevant to the function of the property that are not visible beyond the boundaries of the lot or parcel upon which they are located, or from any public right-of-way;
      (14)   Public signs. Signs erected by government agencies or utilities, including traffic, utility, safety, railroad crossing and identification signs for public facilities and any signs erected by the town; and
      (15)   Security and warning signs. On-premise signs regulating the use of the premises, such as "no trespassing," "no hunting" and "no soliciting" signs that do not exceed one sign two square feet in area in residential areas and one sign five square feet in area in commercial and industrial zones. These limitations shall not apply to the posting of conventional "no trespassing" signs in accordance with state law.
   (D)   Prohibitions. The following signs are prohibited:
      (1)   Signs containing strobe lights;
      (2)   Abandoned sign structures, as defined by this code;
      (3)   Signs placed on or painted on a motor vehicle or trailer parked with the primary purpose of providing signage not otherwise allowed by the code; prohibited is any sign displayed on a parked trailer or truck or other vehicle where the primary purpose of the vehicle is to advertise a product, service, business, or other activity. This regulation shall permit the use of business logos, identification or advertising on vehicles primarily and actively used for business purposes and/or personal transportation;
      (4)   No sign advertising a business or use shall be installed on any lot other than that on which the business is located unless allowed by § 152.059(H) or (I), or unless approved by the town as part of a wayfinding program;
      (5)   Signs in which a property owner accepts a fee for posting or maintaining a sign allowed under § 152.059(H) or (I);
      (6)   Signs that imitate or resemble official traffic lights, signs or signals or signs that interfere with the effectiveness of any official traffic light, sign or signal;
      (7)   Mechanically moving signs. An environmentally activated sign or other display with actual mechanical motion powered by natural, manual, mechanical, electrical or other means, including but not limited to pennant strings, streamers, spinners, propellers, and search lights;
      (8)   Flashing signs. For the purposes of this code, a sign that has a change rate or dwell time of four seconds or longer does not fit within the prohibition noted herein;
      (9)   Posters and handbills. Any signs affixed to any structures, trees or other natural vegetation, rocks or poles;
      (10)   Simulated traffic signs and obstructions. Any sign which may be confused with, or obstruct the view of, any authorized traffic sign or signal, obstruct the sight-distance triangle at any road intersection or extend into the public right-of-way;
      (11)   Signs adversely affecting safety. Signs which prevent free ingress or egress from any door, window, fire exit, or that prevent free access from one part of a roof to any other part;
      (12)   Sign emissions. No sign which emits smoke, visible vapors, particles, sound or odor shall be permitted. Open flames used to attract public attention to a place of business or to an advertising sign shall not be permitted;
      (13)   Mirrors. No mirror device shall be used as part of a sign; or
      (14)   Situations where the code is silent. Where the code is silent, or where the rules of this code do not provide a basis for concluding that a sign is allowed, said sign is therefore prohibited.
   (E)   Conflicting regulations.
      (1)   Where there is a conflict between specific sign regulations and the general sign regulations of this code, the specific sign regulations supersede the base sign regulations.
      (2)   Where there is a conflict between a land use regulation and a structural regulation, or other conflicts not otherwise addressed by this section, the most restrictive applies.
   (F)   General provisions. The general provisions for all signs are listed below:
      (1)   Design.
         (a)   All signs hereafter constructed or maintained shall conform to the provisions of this chapter and the provisions of the town code, promoting the health and welfare of the general public.
         (b)   No sign, other than an official traffic sign or similar sign, shall be constructed within the boundary of any street or public right-of-way unless specifically authorized herein, authorized by other town ordinances or regulations; or permitted by special town authorization.
         (c)   No temporary or permanent sign or sign structure shall be erected or placed in a manner that would obscure vehicular visibility on or at the intersection of roadways; or at any location where its position, shape or color may interfere with or obstruct the view of, or be confused with, any authorized traffic sign, signal or device.
         (d)   All signs shall be designed and constructed to resist all weather conditions and seismic hazard conditions of northern Arizona.
         (e)   The placement of new signs shall integrate with the established locational pattern of like sign types.
         (f)   When a site is developed as a complex or center containing more than three tenants, a comprehensive sign plan shall be provided for the property consistent with § 152.058(K)(2).
      (2)   Materials.
         (a)   All sign materials and components shall be of the quality and grade to resist specified wind and seismic hazard conditions of northwestern Arizona.
         (b)   Combustible materials, other than approved plastics, shall not be used in the construction of any electronic signs.
         (c)   Sign materials to be used on the building façade shall be compatible with the design of the face of the façade.
      (3)   Sign anchors.
         (a)   All signs shall be securely anchored to resist the identified wind and seismic hazards existing in northwestern Arizona.
         (b)   All signs attached to masonry, concrete, plywood or steel shall be safely and securely fastened utilizing metal anchors, bolts or approved expansion screws of sufficient size to safely support the loads generated by the sign.
         (c)   Only signs attached to wood framing may be attached with screws or nails. The screws or nails shall be of sufficient size to safely support the weight of the sign and resist the wind and seismic hazards existing in northwestern Arizona.
         (d)   Signs shall not be attached to any wall that is not securely braced or supported. Signs shall not be attached to any parapet wall if the parapet is not designed and constructed to accommodate the loads associated with the signage identified to be attached.
      (4)   Sign illumination. Signs may be illuminated as provided by this chapter and specified by approved sign criteria, if applicable, in accordance with the following regulations:
         (a)   Sign lighting shall be of low intensity with effective provisions made to minimize spillover of light beyond the actual sign face. Examples of permissible illumination methods would include, but not be limited to, the use of appropriate cut-off style light fixtures, the use of down-light fixtures adjusted so as to avoid light spillover and interference with the vision of motorists, and the use of muted internal illumination. Prohibited forms of light spillover include, but are not limited to, spillover into adjoining properties, roadways and airspace. Lighting must not interfere with the vision of oncoming motorists.
         (b)   All illuminated signs shall adhere to the provisions provided in § 152.059 unless specifically modified herein.
      (5)   Maintenance.
         (a)   The property owner or tenant on which the sign is located shall be responsible to maintain all signage that has been approved or that has been issued a permit. Periodic maintenance shall be undertaken by the owner or tenant so that the signage continues to conform to the conditions imposed by the sign permit.
         (b)   Any damaged sign base shall be repaired within 30 days after receipt of written presentation/rectification of the issue by the Zoning Administrator to the property owner.
         (c)   All metal pole covers and sign cabinets shall not show any effect of rust and rust stains.
         (d)   Any internally illuminated sign cabinets or sign panels which have been damaged shall not be illuminated until repaired.
         (e)   If the sign is suspect to collapse, or determined to be unsafe by the town's Inspector/Code Enforcement, or if any sign shall be unlawfully installed, erected or maintained in violation of any of the provisions of this chapter, the owner thereof, or the person or firm using the sign, shall, upon written notice by the Town's Inspector/Code Enforcement, or immediately in the case of imminent danger, and in any case within not more than ten days after notice shall make such sign conform to the provisions of this chapter; or remove the sign. If, within ten days, full compliance with the notice has not occurred, the town's Inspector/Code Enforcement may remove, or cause such sign to be removed, at the sole expense of the owner and/or user of the sign.
         (f)   The changeable letter panels of a permitted changeable copy sign shall be subject to the same maintenance requirements as imposed by the sign permit.
      (6)   Sign height measurements. Sign height measurements are determined as follows for each sign type:
         (a)   Freestanding signs. The overall height of a freestanding sign or sign structure is measured from the lowest point of the ground directly below the sign to the highest point of the freestanding sign or sign structure.
         (b)   Exception. Where a freestanding sign or sign structure is mounted along a roadway that has a higher grade level as compared to the grade level directly below the freestanding sign or sign structure, then the freestanding sign or structure's height will be measured from the top of curb or the crown of the adjacent roadway (where no curb exists) to the highest point of the freestanding sign or sign structure.
         (c)   Wall signs or fascia mounted signs. The height of the sign shall be measured from the top of the sign structure to the top of curb or the crown of the adjacent road where no curb exists.
      (7)   Sign area standards. The "sign area" of each permitted sign shall be measured as follows:
         (a)   Background mounted signs. Sign copy mounted or painted on a background panel or area distinctively painted, textured or constructed as a background for the sign copy shall be measured as that area within the outside dimensions of the background panel or surface. The base of a freestanding monument sign shall not be calculated as sign area unless said base contains signage.
         (b)   Individual mounted signs. The area of a sign copy mounted or painted, as individual letters or graphics, against a wall or the fascia of a building or other structure that has not been painted, textured or otherwise altered to provide a distinctive background for the sign copy, shall be measured as the area enclosed by the smallest standard geometric shape or combination of geometric shapes capable of encompassing the perimeter of the background area of the sign.
 
         (c)   Two-part signage. In instances in which a sign consists of individual elements such as letters, symbols, or other graphic objects or representations that are painted, attached to, or otherwise affixed to a surface such as a wall, window, canopy, awning, architectural projection, or to any surface not specifically designed to serve as a sign background, the sign area shall be based on the sum of the individual areas of the smallest geometric shape or combination of geometric shapes capable of encompassing the perimeters of the individual elements comprising the sign.
   Figure 4.4-B
 
         (d)   Sign frames or cabinets. The area of sign faces enclosed in frames or cabinets is determined based on the outer dimensions of the frame or cabinet.
   Figure 4.4-C
 
         (e)    One sign with one or more sign faces:
            1.    One face. Area of the single face only.
            2.    Two faces. If the interior angle between the two faces is 45 degrees or less, the sign area will be the total of one face only; if the angle between the two sign faces is greater than 45 degrees, the sign area will be the sum of the areas of the two faces.
            3.   Three or more faces. The sign area will be calculated as the sum of the areas of each of the faces.
   Figure 4.4-D
 
            4.   Irregular shaped signs. To be measured based on the appropriate mathematical formula to obtain the sign area for a circle, an oval or irregularly shaped sign.
            5.    Spherical, free-form, sculptural or other non-planar signs. The signage area will be the sum of the areas using only the four vertical sides of the smallest cube that will encompass a sign.
   Figure 4.4-E
 
   (G)   Total aggregate sign area standards. The total aggregate sign area shall be the sum of all the sign areas of each allowable sign placed on a parcel with the following restrictions:
      (a)   For all non-residential uses, the total aggregate sign area allowable to any business having an external business entrance shall not exceed the greater of 50 square feet or 1½ square feet per lineal foot of building frontage per business, but in no case more than 300 square feet per business.
      (b)   All non-residential uses having only an external building wall facing a public street, shall be permitted exterior signage with a total aggregate sign area not to exceed 50 square feet.
      (c)   Non-residential uses having only an internal business entrance and no external wall facing a public street or public access driveway or public alley shall be limited to business identification signage on a multi-tenant building wall mounted sign as set forth in § 152.058(I)(1)(k).
      (d)   Businesses having building frontage greater than 200 feet in length may increase their allowed sign area by 0.5 square feet per one lineal foot of building frontage in excess of 200 feet. Such additional sign area shall be for the exclusive use of said business and not transferable or reallocable to other businesses on the parcel.
      (e)   Building frontage is determined by the measurement of the portion of the business facing the street or public access driveway or public alley. Multi-story building lineal footage is limited to the ground floor lineal footage measurement except as modified by the divisions below.
   (H)   Standards by sign type. The criteria listed within this table describes the permitted conditions applicable for each sign type. This table also includes references to additional sign standards that may be applicable to each sign type.
Table 4.4: Sign Requirements by Sign Type*
Sign Type
Sign Permit Requir ed
Part of Aggrega te Sign Area
P = Permitted N = Not Permitted
Additional Sign Standards
Lighti ng Permi tted
Zoning Districts
Res.
Com./ MU
Bus ./Ind.
Air.
Spec.
Res . Use
Non- Res. Use
Table 4.4: Sign Requirements by Sign Type*
Sign Type
Sign Permit Requir ed
Part of Aggrega te Sign Area
P = Permitted N = Not Permitted
Additional Sign Standards
Lighti ng Permi tted
Zoning Districts
Res.
Com./ MU
Bus ./Ind.
Air.
Spec.
Res . Use
Non- Res. Use
Permanent Signs
Attached or Wall Mounted
Yes
Yes
P
P
P
P
P
P
§ 152.058(I)(1)
Yes
Awning/Canopy
Yes
Yes
N
P
P
P
P
N
§ 152.058(I)( 2)
No
Directional
Yes
No
N
P
P
P
P
P
§ 152.058(I)( 3)
Yes
Directory
Yes
No
P
P
P
P
P
P
§ 152.058(I)( 4)
Yes
Electronic Message Center
Yes
Yes
N
P
P
P
P
N
§ 152.058(I)( 5)
Yes
Freestanding/ Monument
Yes
Yes
P
P
P
P
P
P
§ 152.058(I)( 6)
Yes
Gas Filled
No
No
N
N
P
P
N
N
§ 152.058(I)( 7)
Yes
Projecting
Yes
Yes
N
P
P
P
P
N
§ 152.058(I)( 8)
No
Pylon
Yes
Yes
N
N
P
P
N
N
§ 152.058(I)( 9)
Yes
Window
Yes
Yes
N
P
P
P
P
N
§ 152.058(I)( 10)
No
Temporary Signs
A-Frame Sign
Yes
No
N
N
P
P
N
N
§ 152.058(J) (1)
No
Banner Sign
Yes
No
P
P
P
P
P
P
§ 152.058(J) (2)
No
Sign Walker
Yes
No
N
N
P
P
N
N
§ 152.058(J) (3)
No
Weekend Directional
No
No
P
P
P
P
P
N
§ 152.058(J) (4)
No
Yard Sign
Yes
No
P
P
P
P
P
N
§ 152.058(J) (5)
No
*   All sign criteria listed in this table is subject to and may be further modified by their respective additional sign standards provided in § 152.058(I) or as stated elsewhere within this chapter.
 
   (I)   Additional standards by permanent sign type. This section describes the permitted conditions and applicable standards for each permanent sign type listed within Table 4.4.
      (1)   Attached or wall-mounted signs. Attached or wall mounted signs are permitted as identified in Table 4.4, subject to the conditions identified below:
         (a)   Attached or wall-mounted signs shall be counted as a portion of the total aggregate sign area.
         (b)   Attached or wall mounted signs shall be supported solely by the façade or exterior building face.
         (c)   One attached sign per street frontage is permitted per business in all non-residential zoning districts.
         (d)   Attached or wall mounted signs may project no more than 12 inches from the surface of the wall to which it is attached or for halo illuminated signs must not exceed a one and ¾ (1.75) inch separation from the wall.
         (e)   Attached or wall mounted signs shall not extend above the wall, parapet, or fascia upon which it is placed.
         (f)   Attached or wall mounted signs are permitted on a roof surface if the roof is within 25 degrees of vertical.
         (g)   Attached or wall mounted signs shall not exceed 25 feet in height.
         (h)   Residential uses in the RE, R-1, R-2, MHS, and MHP zoning districts shall be allowed one attached or wall mounted sign not to exceed two square feet per parcel.
         (i)   Residential subdivisions and multi-family developments shall be allowed one attached or wall mounted sign not to exceed 24 square feet per subdivision entrance or six square feet per multi-family building.
         (j)   For all non-residential uses, attached or wall mounted signs shall not exceed more than the total aggregate sign area allowed as determined by § 152.058(G).
         (k)   Multi-tenant building wall mounted identification signs are permitted in the commercial and industrial zoning districts subject to the conditions identified below:
            1.   The use of a multi-tenant building wall mounted identification sign shall take the place of single business wall mounted signs and shall be counted as a portion of the total aggregate sign area.
               a.   The maximum number of multi-tenant signs for each building shall be limited to one sign per street frontage.
               b.   The maximum area of the multi-tenant sign shall not exceed the greater of 50 square feet or 1½ square feet per lineal foot of combined building frontage for each business, but in no case more than 300 square feet per multi-tenant sign.
      (2)   Awning/canopy sign. Awning/canopy signs are permitted as identified in Table 4.4, subject to the conditions identified below:
         (a)   Awning/canopy signs shall be counted as a portion of the total aggregate sign area.
         (b)   Sign copy, including logos, shall not exceed 1½ square feet per lineal foot of building frontage.
         (c)   Such a sign shall only be displayed on ground floor awnings.
         (d)   If encroaching over an abutting town right-of-way line, a revocable town encroachment permit or other Town Council-granted authorization approved by the Town Engineer and the Town Attorney shall be required.
      (3)   Directional sign. Directional signs are permitted as identified in Table 4.4, subject to the conditions identified below: Non-residential uses shall be allowed a maximum of one directional sign permitted per drive or parking entry with a maximum area of three square feet and a maximum height of three feet.
      (4)   Directory sign. Directory signs to assist the public, law enforcement and emergency personnel locate a particular address or individual unit are permitted as identified in Table 4.4, subject to the conditions identified below:
         (a)   Properties occupied by three or more buildings shall have an internally illuminated directory that shows the street address, layout of the complex, the location of the viewer and the unit designations within the complex;
         (b)   Shall not exceed a maximum height of six feet or sign area of 24 square feet; and
         (c)   Shall not include any advertising signage.
      (5)   Electronic message center. Electronic message center (EMC) signs with intermittent, scrolling or flashing illumination, are permitted as identified in Table 4.4, subject to the conditions identified below:
         (a)   EMC signs shall be counted as a portion of the total aggregate sign area;
         (b)   Signs must be entirely located on-site;
         (c)   There shall be no moving or flashing green or red features that could be mistaken as traffic control devices;
         (d)   Digital message portion of the sign shall not exceed 50% of sign area;
         (e)   Sign shall be installed at least 150 feet from a designated crosswalk;
         (f)   Sign shall not be installed within 350 feet of a residential structure;
         (g)   EMC signs shall be separated from other EMC signs by a minimum of 1,000 feet;
         (h)   All continuous loop image progression occurring on the face or copy of the sign must have a minimum interval time of eight seconds;
         (i)   Illumination of EMC signs during daylight operations shall not exceed 3.85-watt wedge base lamps, and shall not exceed 1.925-watt base wedge lamps during nighttime operation;
         (j)   All EMC signs shall have automatic dimming controls, either by photocell (hardwired) or via software settings, to reduce the illumination intensity of the sign as ambient lighting conditions change; and
         (k)   EMC signs shall not be illuminated more than 30 minutes before the operation is open to the public or more than 30 minutes after the time at which the operation is closed to the public or 10:00 p.m., whichever is later.
      (6)   Freestanding/monument signs. Freestanding/monument signs are permitted as identified in Table 4.4, subject to the conditions identified below:
         (a)   For single use buildings, freestanding/monument signs shall be counted as a portion of the total aggregate sign area. For single or multi-building developments with multiple tenants, freestanding/monument signs shall not be counted as a portion of the total aggregate sign area.
         (b)   Single use buildings, complexes, or centers on a single lot are allowed one freestanding/monument sign per street frontage, or one freestanding/monument sign for every 200 feet of street frontage, whichever is greater. The second sign must be at least 100 from the first.
         (c)   Single use buildings, complexes, or centers on a single lot, less than five acres in net site area, the maximum height of the sign, including any supporting structures shall be eight feet, maximum area shall be 40 square feet.
         (d)   Single use buildings, complexes, or centers on a single lot, five acres in net site area or greater, the maximum height of the sign, including any supporting structures shall be ten feet, maximum area shall be 60 square feet.
         (e)   A portion of the sign may have changeable copy, which shall not exceed 25% of sign area.
         (f)   Shall have monument-type bases of masonry construction or other architectural grade material.
         (g)   Freestanding or monument signs located in the CBD district shall either be located on low planter walls or incorporated with distinctive elements of the building's architectural style and scale.
         (h)   Address numerals shall be included on all freestanding sign structures. The numerals shall be at least six inches in height.
         (i)   No portion of the sign shall be located within three feet of the front property line or six feet of a side or rear property line.
         (j)   Freestanding/monument signs for residential uses in residential districts shall be limited to residential subdivisions or multi-family developments only, subject to the conditions identified below:
            1.   The maximum height shall be six feet and the maximum area shall be 24 square feet.
            2.   A maximum of one sign shall be located at each non-local street access to the identified subdivision or multi-family development.
            3.   The text area of the sign may be back-lit such that the source of illumination is not visible; provided, however, that back-lit, non-opaque panels are not permitted.
            4.   The text area of the sign may be illuminated by fully shielded ground mounted directional lighting.
      (7)   Gas filled signs. Gas filled signs (neon, argon, krypton, etc.) are permitted as identified in Table 4.4, subject to the conditions identified below:
         (a)   Gas filled signs are limited to interior window display only (may not be used on the exterior of a building).
         (b)   The total area of gas filled signage for any one business shall be six square feet.
         (c)   No more than two gas filled signs shall be allowed for any one business.
      (8)   Projecting signs. Projecting signs are permitted as identified in Table 4.4, subject to the conditions identified below:
         (a)   Such signs shall be included in the total aggregate sign area;
         (b)   One projecting sign is permitted for each business front and shall be adjacent to the business it identifies;
         (c)   Such signs shall only be permitted if they are affixed to a building and shall not project into the public right-of-way unless within the CBD District;
         (d)   The maximum area for each projecting sign for any one business shall be four square feet, except in the IP District where the maximum projecting sign area shall be 14 square feet;
         (e)   The maximum distance between the wall and the outer edge of the sign shall be four feet, or if a paved public sidewalk is below, 50% of the width of the sidewalk, whichever is less; and
         (f)   Such signs shall be located so that the base edge of the sign is not less than seven feet from the sidewalk or ground. Such signs shall require both a town sign permit and, if encroaching over an abutting town right-of-way line, a revocable town encroachment permit or other Town Council-granted authorization is approved by the Town Engineer and the Town Attorney.
      (9)   Pylon signs. Pylon signs are permitted as identified in Table 4.4, subject to the conditions identified below:
         (a)   Pylon signs shall be counted as a portion of the total aggregate sign area;
         (b)   One freestanding sign shall be allowed per property, additional signs are allowed on a property with street frontage that exceeds 200 feet. If multiple signs are placed on a single street frontage, there shall be a minimum of 100 feet between each sign;
         (c)   For single use buildings, the maximum height of the sign, including any supporting structures shall be 14 feet and the maximum area shall be 50 square feet. For single use buildings with frontage on State Route 389, the maximum height of the sign shall be 18 feet;
         (d)   All complexes and centers on a single lot less than five acres in net site area, the maximum height of the sign, including any supporting structures shall be 14 feet and the maximum area shall be 75 square feet. For said complexes and centers with frontage on State Route 389, the maximum height of the sign shall be 18 feet;
         (e)   All complexes and centers on a single lot, five acres in net site area or greater, the maximum height of the sign, including any supporting structures shall be 14 feet and the maximum area shall be 200 square feet. For said complexes with frontage on State Route 389, the maximum height of the sign shall be 18 feet;
         (f)   A portion of the sign may have changeable copy, which shall not exceed 50% of sign area for single use buildings and 25% of sign area for complex and centers on a single lot;
         (g)   A minimum setback of ten feet from all property lines shall be required, except that a minimum setback of 12 feet from adjoining residential properties shall be required;
         (h)   Sign supports shall consist of at least 30% of the total sign width; each single support shall consist of at least 15% of the total sign width; and
         (i)   Signs shall be composed of a decorative base, support, and sign face.
      (10)   Window signs. Window signs are permitted as identified in Table 4.4, subject to the conditions identified below:
         (a)   Window signs that are permanent shall be included in the total aggregate sign area;
         (b)   Permanent window signage shall be limited to 25% of the total window area in which it is placed;
         (c)   Permanent window signs shall be prepared by a professional sign company; and
         (d)   Temporary window decorations/painting.
            1.   Window decorations/painting signs are permitted in all zoning districts and shall not require a sign permit or be considered part of the total aggregate sign area.
            2.   Holiday decorations may be displayed on a temporary basis for civic, patriotic or religious holidays.
            3.   The coverage of window decoration/painting and signage must not exceed 75% of the total window area.
            4.   Window decoration shall not contain any form of advertising copy, including but not limited to, name of business, logo or sale language.
   (J)   Additional standards by temporary sign type. Signs that meet the standards of this section are exempt from the standards for permanent signs and are not counted in the total aggregate sign area allowed on any particular property or site.
      (1)   A-frame signs. A-frame signs are permitted as identified in Table 4.4, subject to the conditions identified below:
         (a)   Uses permitted to display A-frame signs may display a maximum of one such sign per street, public access driveway, or public alley frontage. Such signs shall be located as follows:
            1.   On the same property as the use; or
            2.   Within the right-of-way of the nearest adjacent public street to the use.
         (b)   The location of A-frame signs shall be restricted as follows:
            1.   Such signs shall not be located on the paved portion of any public street, any sidewalk, or any median;
            2.   Such signs shall not be located within a designated parking or loading area;
            3.   Signs shall not be located in a manner that poses a traffic vision hazard;
            4.   A-frame signs must be placed at least one foot behind the curb or public sidewalk. If no curb or public sidewalk is present, signs shall be located at least five feet from the edge of the paved portion of the public right-of-way; and
            5.   Businesses within the CBD District may use A-frame signs on public or private sidewalks, provided the portable sign does not obstruct the pedestrian walkways and shall only be placed within the first three feet of the sidewalk located immediately adjacent to the curb, leaving a minimum sidewalk clearance of five feet.
         (c)   No sign may be greater than 12 square feet per side with a maximum height of four feet.
         (d)   Signs shall be weighted down and constructed of wrought iron; sheet metal; inch thick plastic; or of wood that is at least inch thick. No other materials are acceptable.
         (e)   Signs must be manufactured by a licensed and bonded sign company.
         (f)   Signs shall be clean and in good working order.
         (g)   Attachments to signs are limited to balloons flown no higher than six feet from the ground. If attachments are used, the A-frame sign must be set back from the curb and/or sidewalk a minimum of three feet.
         (h)   Landscaping cannot be modified or damaged to accommodate an A-frame sign.
         (i)   Signs shall only be displayed during business hours.
      (2)   Banner signs. Banner signs are permitted as identified in Table 4.4, subject to the conditions identified below:
         (a)   In residential districts, temporary banners are not permitted on sites with individual dwelling units. Banners for holidays and special family events are excepted;
         (b)   On multi-family or non-residential uses in residential districts and in the commercial and industrial zoning districts one banner no larger than 32 square feet in size is permitted per development or business;
         (c)   Banner signs shall be securely affixed to the wall or fence of a permanent structure or building, where feasible. No banner shall exceed the height of the prevailing roofline, or exceed the building height allowed by this chapter, whichever is less;
         (d)   Banner signs shall not be located in a manner that poses a traffic vision hazard and shall not be placed within the public right-of-way; and
         (e)   Shall be displayed for a maximum of nine days per occurrence, up to a total of six permits per calendar year.
      (3)   Sign walkers. Sign walkers are permitted as identified in Table 4.4, subject to the conditions identified below:
         (a)   If located within the right-of-way, a sign walker shall be positioned behind the curb or, if no curb is present, ten feet behind the edge of pavement;
         (b)   Sign walkers shall not erect or place tents, temporary structures, umbrellas, chairs or stools within the public right-of-way or adjacent property;
         (c)   Sign walkers shall not be positioned so as to obstruct vehicle sight lines;
         (d)   Sign walkers shall not obstruct the free movement of pedestrians on sidewalks;
         (e)   Sign walkers are not allowed in the medians of public streets; and
         (f)   The sign worn, held or balanced by a sign walker shall be a maximum of five square feet in size and may be double sided.
      (4)   Weekend directional signs. Weekend directional signs are permitted as identified in Table 4.4, subject to the conditions identified below:
         (a)   Must be placed at least one foot behind the curb. If no curb is present, signs shall be located at least one foot from the edge of the paved portion of the public right-of-way. Weekend directional signs shall not be placed on sidewalks or within the center medians that divide portions of paved or unpaved roadways;
         (b)   The maximum size shall not exceed four square feet;
         (c)   The maximum height shall not exceed three feet;
         (d)   Signs shall be constructed of heavy duty, weather- resistant material, such as laminated paper, plastic foam core, or similar material. Placement stakes shall be wood or heavy gauge wire; and
         (e)   Weekend directional signs shall not be attached to any utility pole or box, light pole, street sign, tree or any structure within the public right-of-way.
      (5)   Yard signs. Yard signs are permitted as identified in Table 4.4, subject to the conditions identified below:
         (a)   For non-multi-family residential uses in residential districts, yard signs shall be limited to one sign per property with a maximum size not to exceed six square feet and maximum height of six feet;
         (b)   For multi-family residential uses in residential districts, yard signs shall be limited to one sign per property with a maximum size not to exceed eight square feet and maximum height of six feet;
         (c)   Temporary yard signs with a sign area six square feet or less shall not require a sign permit, provided the sign complies with the requirements of this section;
         (d)   On non-residential uses in the residential district and in the commercial, industrial, and airport zoning districts yard signs shall be limited to one sign per property with a maximum size not to exceed 32 square feet and a maximum height of eight feet;
         (e)   Shall not be located within any right-of-way whether dedicated or owned in fee simple or as an easement;
         (f)   Shall only be located on property that is owned or leased by the person whose sign it is and must not be placed on any utility pole, streetlight, similar object, or on public property;
         (g)   Shall not be illuminated; and
         (h)   Shall be displayed for a maximum of six months per occurrence, with up to one extension subject to approval per calendar year.
      (6)   Political signs. For regulations related to political signs please refer to A.R.S. § 16-1019.
   (K)   Permits required and process. A permit is required to erect, re-erect, construct, alter or move certain sign types within the town. A separate permit shall be required for each sign or group of signs on a single supporting structure. In addition to a sign permit, an electrical permit shall be obtained for all electric signs. All electric signs shall be subject to the provisions of the adopted electrical code of the town in effect at the time of submittal of the plans. All components of the electric sign shall bear the label of an approved agency.
      (1)   Master sign program. To provide a mechanism by which the sign regulations established in this Section can be modified to ensure that signs for a uniquely planned or designed development or area are most appropriate for that particular development or area, a master sign program may be requested per the guidelines identified below.
         (a)   A master sign program may be:
            1.   Requested by the developer, owner or master lessor of a development or parcel that is a minimum of ten gross acres; or
            2.   Initiated by the town for a particular area in furtherance of a specific plan, revitalization program, overlay zone, or other area wide planning tool.
         (b)   A master sign program may include provisions that are more and/or less restrictive than the regulations established in this section as related to issues of size, location, color, construction materials and design of the sign but without consideration as to the message to be displayed on the sign based on the particular unique features of the development.
         (c)   Each master sign program applicant shall show to the Administrator's satisfaction why the modifications requested are warranted and how the total sign proposal for the development meets, on balance, the general purpose and intent of this section.
         (d)   A master sign program application shall be approved, conditionally approved, or disapproved through the sign permit - master sign program review process.
         (e)   A new master sign program approval shall be obtained for substantial revisions to the original approval, as determined by the Zoning Administrator.
      (2)   Comprehensive sign plan. To ensure large multi-building, -tenant developments or complexes maintain a cohesive and aesthetically pleasing design theme, comprehensive sign plans shall be required for developments containing more than three structures or businesses.
         (a)   Comprehensive sign plans shall meet all sign criteria of the town within the commercial and industrial zoning districts. The following elements are required for submittal and approval:
            1.   Name, address and phone number of property owner or designee;
            2.   Written text clearly outlining the sign plan to include all suites, offices or other leased/leasable space;
            3.   Name and address of property for which the comprehensive sign plan is designated;
            4.   Design criteria allowed for signage (i.e. colors, installation method, materials, type of signage, etc.). If it is the intention of the property owner to allow nationally recognized registered logos, this must be specified in the plan;
            5.   Site plan showing all lot dimensions, suites, offices or other leased/leasable space and proposed/existing signage placement (drawn to scale);
            6.   Elevations showing proposed sign envelopes;
            7.   Lineal footage of building(s);
            8.   Allocation chart showing allowable and utilized sign square footage for each suite, office or space number; and
            9.   Comprehensive sign plan amendments must be made in writing and submitted, reviewed and approved by the Zoning Administrator.
            10.   A comprehensive sign plan denial, by the Zoning Administrator, may be appealed to the Board of Adjustment.
         (b)   For tenants of a development that has an approved comprehensive sign plan, sign permits will only be issued for signs that comply with the previously approved comprehensive sign plan, or receive approval through the master sign program.
      (3)   Sign permit criteria. Sign permits are subject to review and approval by the Zoning Administrator, or designee, per §§ 152.085 through 152.096. The following information shall be submitted to obtain a sign permit, unless alternative arrangements are made as part of a master sign program or comprehensive sign plan as specified herein:
         (a)   The applicant's name, name of business, business address, work telephone number and email address. If different, the application shall also include the name, address, work telephone number, email address and signed authorization of the property owner;
         (b)   The name, address, contact information and ROC# of the Arizona licensed sign contractor;
         (c)   The address of the site for the proposed signage;
         (d)   Two scaled drawings of the proposed signage that include at a minimum:
            1.   All sign dimensions, including the height of the signage;
            2.   Sign finish, materials and colors;
            3.   A site plan showing the proposed location of signage;
            4.   Any building elevations showing proposed location of signage;
            5.   Electrical plans (if applicable), including the source of sign illumination and applicable details of the fixture and screening; and
            6.   The landscape details (i.e. planting design, vegetation types, irrigation service, wall components, etc.) for signs with a landscape requirement; and
         (e)   The Zoning Administrator may require other pertinent information where, in his/her opinion, such information is necessary to insure compliance with the code.
(Ord. 2020-02, passed 4-13-2020)

§ 152.059 OUTDOOR LIGHTING.

   (A)   Purpose. These regulations are intended to establish standards that ensure minimal light pollution, reduce glare, increase energy conservation, while providing for night safety, utility, security and productivity.
   (B)   Applicability. These regulations shall apply to all outdoor lighting including, but not limited to, search, spot or floodlights for: buildings and structures, recreational areas, parking lot lighting, landscape lighting, and other outdoor lighting.
   (C)   Nonresidential lighting. The following standards apply to the lighting of all outdoor facilities except public or private athletic/arena recreation facilities.
      (1)   The height of any light fixture or illumination source shall not exceed 20 feet.
      (2)   All lighting sources shall be hooded or shielded so that they are not visible from any adjacent or nearby lot or real property.
      (3)   Lights or illuminating units shall not direct light, either directly or through a reflecting device, upon any adjacent or nearby real property.
      (4)   Lighting fixtures shall be fully shielded and the rated correlated color temperature (CCT) of light sources shall not exceed 3,000K (subject to a manufacture specified color stability variation of no more than +/- 200k in CCT) to prevent the formation of an urban light cloud.
      (5)   Recreational lighting exempted from the above standards shall meet the following.
         (a)   All metal halide/quartz fixtures shall be filtered by glass, acrylic or translucent enclosures; and
         (b)   No lighting of 2,250 lumens or greater shall be used after 11:00 p.m. without a temporary use permit.
   (D)   Security, landscaping or other lighting.
      (1)   All other outdoor lights shall be fully shielded and directed downward.
      (2)   Fully shielded means outdoor light fixtures constructed so that no light rays are emitted by the installed fixture at angles above the horizontal plane.
   (E)   Residential lighting. All exterior lighting shall be limited to 1,600 lumens per fixture unless filtered, shielded or screened to minimize any light impact onto adjoining property.
   (F)   Other pole-mounted lighting (parking, walkways and the like). All lights mounted on poles eight feet or greater in height shall be directed down. The light source shall be shielded so that it will not be visible from any adjacent or nearby real property.
   (G)   Searchlights. The operation of searchlights shall be allowed subject to the following conditions:
      (1)   During the months of May through October, searchlights shall be operated only between the hours of 6:00 a.m. and 11:00 p.m.;
      (2)   During the months of November through April, searchlights shall be operated only between the hours of 7:00 a.m. and 10:00 p.m.; and
      (3)   Searchlights shall not be operated on residentially zone properties except for grand openings or new developments.
   (H)   Non-conforming lighting.
      (1)   All existing outdoor lighting that was legally installed before May 13, 2020 and that does not conform with the provisions of this chapter shall be considered non-conforming.
      (2)   In the event that the use of a non-conforming outdoor luminaire is discontinued for six months or is damaged to the point of requiring repairs for safe operation, the repaired or replacement luminaire shall comply with the provisions of this section.
      (3)   All non-conforming luminaires and lighting installations shall be brought into conformance upon performing any significant maintenance or upgrade to the luminaire, or expansion of the lighting installation. Upon replacing a failed lamp, the rated correlated color temperature (CCT) of the replacement lamp shall not exceed 3000K if such a lamp is available.
      (4)   Whenever the use of any existing building, structure, or premises is changed to a new use, all outdoor lighting shall be reviewed and brought into compliance with this code before the new use commences.
   (I)   Exemptions. The provisions of this section shall not apply to streetlights installed in public rights of way or light fixtures on property owned by the town, except that all such fixtures shall be fully shielded and the rated correlated color temperature (CCT) of light sources shall not exceed 3000K.
(Ord. 2020-02, passed 4-13-2020)