El Mirage City Zoning Code
ZONE DISTRICT
REGULATIONS
§ 154.065 PLANNED AREA DEVELOPMENT (P.A.D.).
(A) Purpose.
(1) As an alternative to conventional zoning and development approaches and processes, the planned area development (P.A.D.) procedures and regulations are set forth to:
(a) Enhance the city in order that the public health, safety, and general welfare be maintained as the city increasingly urbanizes;
(b) Encourage innovations in residential, commercial, and industrial development so that greater opportunities for better housing, recreation, shopping, and employment may extend to all citizens and residents of the city;
(c) Reflect changes in the technology of land development;
(d) Encourage a more creative approach in the utilization of land in order to accomplish a more efficient, aesthetic, and desirable development which may be characterized by special features of the geography, topography, size, or shape of a particular property; and
(e) Provide a compatible and stable, developed, environment in harmony with that of the surrounding area.
(2) The P.A.D. may include any development having one or more principal use or structures on a single parcel of ground or contiguous parcels. The P.A.D. shall consist of a harmonious selection of uses and groupings of buildings, parking areas, circulation, and open spaces, and shall be designated as an integrated unit, in such manner as to constitute a safe, efficient, and convenient urban area development.
(B) General requirements and standards.
(1) Ownership. The tract shall be a development of land under unified control at the time of application and planned and scheduled to be developed as a whole.
(2) Conformance with general plan. The land uses and design of the proposed P.A.D. shall be consistent with the city’s General Plan.
(3) Conformance with city ordinances and regulations. A P.A.D. shall conform to all regulations pertaining to land development within this chapter and the subdivision ordinance, and all other rules, regulations, specifications and standards set forth in all other applicable city codes, unless specific deviations are approved by the City Council during the P.A.D. approval process.
(4) Official zoning map. All approved P.A.D.s shall be shown as a P.A.D. special district on the city’s official zoning map.
(5) P.A.D. size regulations. The minimum total P.A.D. shall be no less than three acres unless the applicant can show that the minimum P.A.D. requirements should be waived by the Zoning Administrator because the waiver would be in the public interest and that one or both of the following conditions exist:
(a) Unusual physical features of the property itself or of the surrounding area are such that development under the standard provisions of this zoning ordinance would not be appropriate in order to conserve a physical or terrain feature of importance to the neighborhood or community.
(b) The property is adjacent to or across the street from property which has been developed under the provisions of this section and will contribute to the amenities of the area.
(6) P.A.D. general regulations. Unless otherwise expressly modified as part of the P.A.D. approval process, P.A.D.s shall utilize the base zoning districts and all applicable standards established in this chapter to regulate all proposed uses and development. The City Council is authorized to approve P.A.D.s that deviate from strict compliance with specified standards if they determine that the resulting development satisfies the approval criteria of § 154.160 below. The P.A.D. standards may be more or less restrictive than those in the chapter subject to the following:
(a) Uses permitted by right or by conditional use permit within a base zoning district may be permitted within said P.A.D. zoning districts. P.A.D. zoning districts may not include uses that are not permitted within a base zoning district, but may modify or define standards for the operation and performance of permitted/conditionally permitted uses within P.A.D. zoning districts.
(b) Development standards pertaining to the size, dimensions, height, lot coverage, placement, or setback of uses may be defined. However, the total number of dwelling units in a P.A.D. plan shall not exceed the maximum number permitted by the General Plan density for the total area of the P.A.D. designated for residential use.
(7) One housing type not inconsistent with intent. A P.A.D. which only involves one housing type such as all detached or all attached units shall not be considered inconsistent with the stated purposes and objectives or this section and shall not be the sole basis for denial or approval.
(8) Architectural style, appearance. Architectural style of buildings shall not solely be a basis for denial or approval of a plan. However, the overall appearance and compatibility of individual buildings to other site elements or to surrounding development will be primary considerations during P.A.D. review by the Planning and Zoning Commission and Council.
(9) Phasing of development.
(a) Any P.A.D. plan proposed to be constructed in phases shall include full details relating thereto, and the City Council may approve or modify, where necessary, any such proposals.
(b) The phasing shall include the time for beginning and completion of each phase. The timing may be modified by the city on the showing of good cause by the developer.
(c) The landowner or developer shall make such easements, covenants, and other arrangements and shall furnish such financial guarantees as may be determined by the city to be reasonably required to assure performance in accordance with the plan and to protect the public.
(10) Street utilities, services, and public facilities. The uniqueness of each proposal for a P.A.D. may allow specifications and standards for streets, utilities, and specifications and standards for streets, utilities, and services to be subject to minor modifications of the specifications and standards established in this and other city ordinances governing their construction. The city may, therefore, waive or modify the specifications or standards where it is found that they are not required in the interests of the residents of the P.A.D. or the city. The plans and profiles of all streets, utilities, and services shall be reviewed, modified if necessary, and approved by the city prior to the final approval of the P.A.D. All P.A.D.s shall be served by public or community water and sewer systems.
(11) Open space provision. At least 10% of the total P.A.D. area shall be set aside for public and/or private open space and recreational use. The city shall determine what portion of the 10% shall be private and what shall be public.
(12) Operating and maintenance requirements for planned area development common facilities. In the event that certain land areas or structures are provided within the P.A.D. for private recreational use or as service facilities, the owner of the land and buildings shall establish an arrangement to assure the city of a continued standard of maintenance. These common areas may be placed under the ownership of one of the following, depending upon which is more appropriate:
(a) Dedicated to public where a community-wide use would be anticipated;
(b) Landlord control; and/or
(c) Landowners association, provided all of the following conditions are met:
1. The landowners association must be established prior to any sale;
2. Membership may be mandatory for each owner and any successive buyer;
3. The open space restrictions must be permanent or tied to a long-term agreement (e.g., 99 years);
4. The association must be responsible for liability insurance and the maintenance of recreational, service, and other facilities as deemed necessary by the city;
5. Landowners must pay their pro rata share of the cost and the assessment levied by the association that can become a lien on the property in accordance with Arizona Statutes;
6. The association must be required to adjust its assessment to meet changing needs; and
7. The association must be required to, at minimum, adjust its assessment on an annual basis by a percentage not less than the previous year’s increase in the Consumer Price Index.
(13) Landscaping. Landscaping and/or fencing shall be provided according to a plan approved by the city and shall include a detailed planting list with sizes indicated.
(14) Utilities. All utilities, including electricity and telephone, shall be installed underground.
(15) Additional standards. Development within a P.A.D. shall conform to all conditions and standards agreed upon by the applicant and the city at time of P.A.D. approval.
(C) Property in floodplains or airfield impact areas. Any property located in a P.A.D. zone and any F-1, F-2, or A-1 Overlay Zone must comply with the regulations of the applicable overlay zone.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)
§ 154.066 FLOODWAY OVERLAY ZONE (F-1).
(A) Purpose. The F-1 Floodway Zone is intended to allow unimpeded passage of water during a flood through those areas of the city identified as the floodway by the Federal Insurance Administration of the National Flood Insurance Program of the U.S. Department of Housing and Urban Development and shown as such on the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map for the city. The purpose of these regulations is to promote the public health, safety, and general welfare, and to minimize public and private losses because of flood conditions. Since the floodway is an extremely hazardous area because of the velocity of flood waters, which carry debris and erosion potential, development is closely regulated.
(B) Principally permitted uses. Those principally permitted uses which are allowed in the underlying zoning district only if a technical evaluation demonstrates that encroachments, fill, new construction, substantial improvements, or other development shall not result in any increase in flood levels during the occurrence of the base flood discharge.
(C) Conditionally permitted uses. Those conditionally permitted uses which are allowed in the underlying zoning district only if a technical evaluation demonstrates that encroachments, fill, new construction, substantial improvements, or other development shall not result in any increase in flood levels during the occurrence of the base flood discharge.
(D) Non-conforming uses. Non-conforming uses in the floodway overlay zone shall not be expanded but may be modified, altered, or repaired to incorporate flood-proofing measures providing the measures do not raise the level of a 100-year flood.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)
§ 154.067 FLOODPLAIN OVERLAY ZONE (F-2).
(A) Purpose. The F-2 Floodplain Overlay Zone is intended to regulate the nature of permitted development in the 100-year floodplain as identified by the Federal Insurance Administration of the National Flood Insurance Program of the U.S. Department of Housing and Urban Development and shown as “A” Zones on the city’s Flood Insurance Rate Maps, so as to lessen property damage and hazards resulting from such events.
(B) Principally permitted uses. Those principally permitted uses of the underlying zoning district, which may be any of the residential, commercial, or industrial zones defined in this chapter, provided, however, that the uses comply with the restrictions of divisions (E) and (F) of this section, below.
(C) Conditionally permitted uses. Those conditionally permitted uses of the underlying zoning district, which may be any of the residential, commercial, or industrial zones defined in this chapter, provided, however, that such uses comply with the restrictions of divisions (E) and (F) of this section, below.
(D) Permitted accessory uses. Those permitted accessory uses of the underlying zoning district, which may be any of the residential, commercial, or industrial zones defined in this chapter, provided, however, that such uses comply with the restrictions of divisions (E) and (F) of this section, below.
(E) General standards for flood hazard reduction. In all floodway and floodplain areas, the following standards are required.
(1) Anchoring.
(a) All new construction and substantial improvements shall be anchored to prevent floatation, collapse, or lateral movement of the structure.
(b) All existing mobile homes shall be anchored to resist floatation, collapse, or lateral movement by providing over-the-top and frame ties to ground anchors. Special requirements shall be that:
1. Over-the-top ties be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations; mobile homes less than 50 feet long require only one additional tie per side;
2. Frame ties be provided at each corner of the mobile home with five additional ties per side at intermediate points with mobile homes less than 50 feet requiring only four additional ties per side;
3. All components of the anchoring system are capable of carrying a force of 4,800 pounds; and
4. Any additions to the mobile home be similarly anchored.
(2) Utilities.
(a) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;
(b) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and
(c) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(F) Specific standards for flood hazard reduction. The following standards shall apply in all areas where base flood elevation data has been established by the Federal Insurance Administrator of the National Flood insurance Program of the U.S. Department of Housing and Urban Development.
(1) Residential construction.
(a) New construction and substantial improvement of any residential structure shall have the lowest finished flood elevation, including basement, at least one foot above the base flood elevation.
(b) New construction and substantial improvement of any residential structure located in an AO zone as specified on the community’s Flood Insurance Rate Map (FIRM) shall have the lowest floor, including basement, elevated above the crown of the nearest street or to the depth number specified in the community’s FIRM.
(2) Non-residential construction.
(a) New construction and substantial improvement of any commercial, industrial, or other non-residential structure shall either have the lowest floor, including basement, elevated to one foot above the base flood elevation; or, together with attendant utility and sanitary facilities, shall:
1. Be flood proofed so that below one foot above the base flood level the structure is watertight with walls substantially impermeable to the passage of water;
2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
3. Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. The certifications shall be provided to the Building Department and the Maricopa County Flood Control District.
(b) New construction and substantial improvement of any non-residential structure located in an AO zone as specified on the community’s FIRM shall have the lowest floor, including basement, elevated above the crown of the nearest street or to the depth number specified on the community’s FIRM or together with attendant utility and sanitary facilities shall:
1. Be flood proofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;
2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
3. Be certified by a registered professional engineer that the standards of this division are satisfied. The certifications shall be provided to the Building Department and the Maricopa County Flood Control District.
(3) Mobile homes.
(a) Existing mobile homes shall be anchored in accordance with division (E)(1) of this section, above.
(b) No mobile homes shall be placed in any floodway or floodplain after the effective date of this chapter.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)
§ 154.068 AIRFIELD IMPACT OVERLAY ZONE (A-1).
(A) Purpose.
(1) The principal purpose of the Airfield Impact Overlay Zone is to promote and protect the public health, safety, and general welfare in the vicinity of Luke Air Force Base by minimizing exposure to high noise levels and accident hazards generated by airport operations and to encourage future development which is compatible with the continued operation of the airports.
(2) In addition, it is the purpose of the Airfield Impact Overlay Zone to minimize future conflicts between land uses and excessive noise generated by aircraft.
(3) It is the intent of this overlay zone to regulate land uses within designed existing or projected airfield noise impact areas by requiring acoustical performance standards. Nothing herein shall be construed as altering building materials or construction methods from those which are specified in the Uniform Building Code.
(4) It is also the intent of this overlay zone to prohibit uses in the accident potential zone that, if otherwise permitted, would endanger lives or invite destruction of property.
(B) Zone and area boundaries. All zoning and rezoning ordinances or regulations shall be subject to provisions of A.R.S. § 28-8481 et seq.
(C) Establishment of zones and areas.
(1) Airfield Impact Overlay Zone. The Airfield Impact Overlay Zone shall be established in like manner as any other zone permitted by this chapter. The boundaries of this zone and its areas may be subject to periodic updating and may be amended in accordance with the provision of § 154.152 and § 154.153 of this chapter.
(2) Airfield overlay areas. For purposes of administering these regulations there shall be three airfield noise overlay areas.
(a) Airfield noise overlay area one (AI-I). The area between the 60 Ldn and 70 Ldn noise contour lines developed by the application of day-night average sound level methodology of sound measurement (Ldn).
(b) Airfield noise overlay area two (AI-II). The area between the 70 Ldn and the 75 Ldn noise contour lines developed by the application of day-night average sound level methodology of sound measurement (Ldn).
(c) Airfield noise overlay area three (AI-III). The area within the 75 Ldn noise contour lines developed by the application of day-night average sound level methodology of sound measurement (Ldn).
(3) Purpose of airfield overlay areas. The boundaries of the areas shall be established in accordance with the provision of division (C)(1) above. The purpose of the establishment of three airfield overlay areas is to distinguish between the severity of the levels of noise impact so that appropriate uses and acoustical performance standards can be established to mitigate the adverse impacts of aircraft noise and hazards to protect the public health, safety, and welfare.
(4) Lots divided by airfield zone boundaries. Whenever a lot of record is divided by an airfield zone boundary, the development shall conform to the land use and design criteria of the more restrictive district in accordance with all city codes and regulations.
(D) Permitted uses.
(1) Noise attenuation matrix. Within the Airfield Impact Overlay Zone, there shall be three overlay areas (AI-I, AI-II, and AI-III). The uses permitted in the overlay areas shall be those uses permitted in the underlying zoning district, and shall be subject to all conditions and procedures of the underlying district. The uses shall also comply with the restrictions of the following noise attenuation matrix, unless a land use category is specifically not permitted in the matrix, in which case such uses classified in the designated land use category shall not be permitted.
ATTENUATION MATRIX
Code | Restrictions |
NR | No restrictions as a result of noise |
- | Uses within this category are not permitted. |
AI-I | AI-II | AI-III |
AI-I | AI-II | AI-III | |
Single-family, duplex, multi-family | 1,2 | 1,2 | - |
Mobile homes, parks, or courts | 1,2 | 1,2 | - |
Other residential uses | 1,2 | 1,2 | - |
Educational facilities | 2 | - | - |
Religious facilities, libraries, museums, galleries, clubs, and lodges | 2 | 2 | - |
Outdoor sport events, entertainment, and public assembly, except amphitheaters | 2 | 2 | - |
Indoor recreation, amusements, athletic clubs, gyms, and spectator events | 3 | 3 | - |
Neighborhood parks | NR | NR | - |
Community and regional parks | NR | NR | - |
Outdoor recreation: tennis, golf courses, riding trails, and the like | NR | NR | - |
Cemeteries | NR | NR | - |
Hotels/Motels | 2 | 2 | - |
Hospitals and other health care services | 2 | 2 | - |
Services: finance, real estate, insurance, professional, and government offices | 2 | 2 | - |
Retail sales: building materials, farm equipment, automotive, marine, mobile homes, recreational vehicles, and accessories | NR | 4 | 4 |
Restaurants, eating and drinking establishments | 3 | 3 | 3 |
Retail sales: general merchandise, food, drugs, apparel, and the like | 3 | 3 | 3 |
Personal services: barber and beauty shops, laundry and dry cleaning, and the like | 3 | 3 | 3 |
Automobile service stations | NR | 4 | 4 |
Repair services | NR | 4 | 4 |
Processing of food, wood and paper products; printing and publishing, warehouses, wholesale and storage activities | NR | 4 | 4 |
Refining, manufacturing, and storage of chemicals, petroleum and related products, manufacturing and assembly of electronic components, and the like | NR | 4 | 4 |
Manufacturing of stone, clay, glass, leather, gravel, and metal products; construction and salvage yards; natural resource extraction and processing, agricultural, mills and gins | NR | 5 | 5 |
Animal husbandry: livestock, farming, breeding, and feeding | NR | NR | - |
Plant nurseries (excluding retail sales) | NR | NR | NR |
Farming (except livestock) | NR | NR | NR |
Transportation terminals, utility and communication facilities | NR | NR | NR |
Vehicle parking | NR | NR | NR |
Signs | NR | NR | NR |
(2) Non-conforming uses. Nothing herein shall require any change or alteration in a lawfully constructed or established building, structure, or use in existence at the time of the adoption of any airfield overlay areas, as established in § 154.107 of this chapter.
(E) Certification of noise attenuation.
(1) Certification. Prior to issuance of a building permit in any AI-I, AI-II, or AI-III area, a certification by a registered acoustical engineer or registered architect that the construction practices and/or materials of the structure will achieve the interior noise level required in the noise attenuation matrix shall be submitted. The engineer or architect shall submit relevant information to permit the Zoning Administrator to verify that the proposed measures will achieve the interior noise level standard.
(2) Inaccurate data. False or inaccurate data shall be cause for rendering null and void any building permit and may result in non-issuance of an occupancy permit.
(3) City liability. The city, its employees, and officers shall not be held liable for any permit issued on the basis of false information.
(F) Avigational easement and release. Prior to issuance of any building or development permit for property within the Airfield Impact Overlay Zone, the owner of the property shall provide the city with an avigational easement over the subject property and release the city from all liability for any and all claims for damages originating from dust, noise, vibration, fumes, fuel, and lubricant particles, and the like. The avigational easement and release form shall be available from the city.
(G) Additional height and safety regulations.
(1) Hazard marking and lighting. Luke Air Force Base personnel will determine whether the construction and/or existence of any structure, pole, tower, tank, or plant material constitutes a hazard to an aircraft operation in the vicinity of the airfield. When such a determination is made, the owner of the structure, pole, tower, tank, or plant material shall, at his or her own expense, reduce in height or install, operate, and maintain such markers and lights as may be necessary to indicate to aircraft operators the presence of an airfield hazard.
(2) Communications facilities. Any activity within this district which may create any electrical interference with communications between Luke Air Force Base and aircraft is prohibited.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)
§ 154.069 THUNDERBIRD ROAD OVERLAY DISTRICT (TROD).
In order to more fully implement the recently adopted General Plan and form-based zoning and create a walkable urban environment, all properties adjacent to Thunderbird Road from 127th Avenue to Grand Avenue as identified on the map attached to Ord. O12-09-06, passed 9-18-2012, are subject to the following design standards:
(A) All new principal buildings shall be built along the front property line for at least 50% of the ground floor facade. All areas in front of facades shall be paved or landscaped to form a part of the pedestrian corridor.
(B) On-site parking shall be provided in the side and/or rear of the property.
(C) Awnings may be built to front property lines or projecting over rights-of-way to provide shade to building facades and adjacent pedestrian walkways.
(D) Ground floor facades shall be reserved for retail and/or service uses with office and/or residential uses either above or to the rear of the property.
(E) At least 50% of the ground flood facade and at least 25% of all upper stories shall be provided with doors and/or window openings to allow natural surveillance between the street and businesses.
(F) Notwithstanding the requirements as set forth above, any other building configurations may be considered and approved by conditional use permit.
(G) These provisions shall not hinder the continued use of any existing buildings but any additions or new structures shall comply with these regulations.
(H) Any residential use within the 65+ DB LDN noise zone is subject to review by Luke Air Force Base per A.R.S. § 28-8481(J).
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)
