Goodyear City Zoning Code
ARTICLE 9
Special Districts
There exists within the City of Goodyear areas that, due to the unique nature of the area, surrounding land uses and/or physical improvements or natural features, require special regulations and approval processes above and beyond the regulations and approval processes of the underlying zoning districts. In order to insure the orderly development of the area, and protect the public health, safety and welfare, the districts contained in this Article are specific to these unique geographic areas, and the regulations and approval processes are intended to be applicable to all property within the geographic boundaries of the individual districts, regardless of the individual zoning of the underlying parcels.
9-2 Reserved
(Ord. 20-1479, passed 10-26-20)
§ 9-1-1 Purpose.
The purpose of this Overlay District is to provide the appropriate and necessary off-site and on-site improvements to protect and enhance the livability of properties near Freeways within the City of Goodyear. These Freeway corridors will have a significant impact on the surrounding land uses. Noise and traffic generated by these Freeways will impact residential land uses and other noise sensitive uses that may be constructed adjacent to the Freeway corridors.
It is the intent of the City to ensure that future Freeway noise impacts are mitigated by establishing noise attenuation requirements applicable to future development of residential land uses and other noise sensitive uses as defined in this Overlay District. (Am. Ord. 23-1589, passed 9-25-23)
§ 9-1-2 Applicability.
All residential development and other noise sensitive land uses located within five hundred (500) feet of Freeway alignments shall comply with the provisions of this Overlay District. Noise sensitive land uses shall include schools, places of worship, childcare facilities, hospitals, nursing homes, libraries, and similar facilities, as determined by the Zoning Administrator, or his or her designee. Abatement measures are generally not required for new commercial and industrial developments. Abatement measures are generally required only with respect to structures designed for human occupancy within the specified distance from the Freeway right-of-way boundaries.
All residential development and other noise sensitive uses within five hundred (500) feet of Freeway right-of-way boundaries shall submit a sound attenuation plan prior to rezoning, use permit, or site plan approval.
Any property or lot completely or partially located within five hundred (500) feet of the exterior edge of Freeway alignments shall comply with the provisions of this Overlay District. (Am. Ord. 23-1589, passed 9-25-23)
§ 9-1-3 Sound Attenuation Plan.
A. EXTERIOR NOISE STANDARDS.
1. The sound attenuation plan shall include a noise analysis of the property that details the projected Freeway noise levels based upon the most current projected traffic volumes available from the Maricopa Association of Governments. The time period for the projected traffic volumes and traffic characteristics shall be a minimum of fifteen (15) years from the date of the submittal of the sound attenuation plan, unless otherwise approved by the City Engineer, or his or her designee. In the event that the design and development of the projected Freeway is not at a stage for which a noise analysis is reasonably feasible, then no such noise analysis shall be required, but the sound attenuation plan shall obligate the property owner to construct or otherwise provide for a sound barrier wall of a minimum of eight (8) feet in height, or an acceptable equivalent, and install landscape treatments, subject to the approval of the Zoning Administrator, or his or her designee.
2. The sound attenuation plan shall include the proposed attenuation measures needed to reasonably predict that the projected exterior noise levels on the property at ground level shall not exceed the (Leq) sixty-seven (67) dBA noise level. For the purposes of this Overlay District, the noise measurement method used by the Arizona Department of Transportation (ADOT) and the Federal Highway Administration (FHWA) will be used. In addition to any proposed attenuation measures, a sound attenuation plan may also identify who, in place of the property owner, may be responsible for specific measures, the timing for installing the specific attenuation measures, and describe or provide for proposed alternative means of compliance as to any specific attenuation measures as may be approved by the City Engineer, or his or her designee.
3. The sound attenuation plan shall include a certification by a qualified transportation noise analyst as to the projected exterior noise levels on the site and that the sound attenuation measures will meet the (Leq) sixty-seven (67) dBA noise level.
B. INTERIOR NOISE STANDARDS.
1. The sound attenuation plan shall also include measures needed to reasonably predict that the projected interior noise levels for each dwelling unit or building unit or building determined to have a noise sensitive use shall achieve a maximum interior noise level of (Leq) forty-five (45) dBA. In order to comply with this maximum noise level, a minimum of R18 exterior wall assembly, a minimum of R30 roof/ceiling assembly, dual-glazed windows and solid wood, and foam-filled fiberglass or metal doors to the exterior shall be required of new buildings or dwelling units. As an alternative, a certification by an architect or engineer to achieve a maximum interior noise level of (Leq) forty-five (45) dBA at the time of final construction may be submitted. The sound attenuation standards within this Overlay District shall not apply to accessory buildings used on a property with the primary building. (Am. Ord. 23-1589, passed 9-25-23)
§ 9-1-4 Sound Attenuation Improvements.
Sound attenuation improvements shall include all reasonable and feasible measures necessary to meet the required standard including the construction of Freeway walls and earthen berms. If there are special characteristics within a Freeway corridor, such as the topography of the area, drainage, maintenance requirements, or safety considerations, as determined by the City Engineer, or his or her designee, then the construction of a noise barrier of greater than 20 feet in height should be avoided. Reasonable and feasible measures may include, without limitation, achieving a noise reduction of at least 5 dBA, barrier height, aesthetic issues relating to a proposed barrier, or such other measures as consistent with the ADOT (Arizona Department of Transportation) Noise Abatement Requirements (May 2017, as may be amended) and approved by the City Engineer, or his or her designee. The sound attenuation measures shall utilize designs that minimize the visual impact on the site with appropriate use of colors and materials. Any landscape plan proposed for any site subject to the Freeway development standards whereby a wall or berm is required shall include, where appropriate, visual mitigation measures, such as colors, materials, styles, designs, or additional landscape treatments to minimize the visual impacts of walls or berms. (Am. Ord. 23-1589, passed 9-25-23)
§ 9-1-5 Administration.
A. PROCEDURES AND CONDITIONS OF APPROVAL.
1. The City Engineer, or his or her designee, shall review the sound attenuation plan and its proposed improvements for compliance with the intent of this Overlay District.
2. The approval of the sound attenuation plan shall occur prior to any rezoning, use permit, or site plan approval.
3. Notwithstanding the approval of a particular sound attenuation plan, where changed conditions or circumstances have occurred, any property owner (or its successor in interest) for whom a sound attenuation plan has been approved, may apply to the City Engineer, or his or her designee, to amend the plan. Changed conditions or circumstances may include, without limitation, changes in the location, grade, or design of a proposed Freeway, changes in the proposed land use adjacent to the Freeway, or any changes significantly affecting the noise analysis of the subject property.
B. PROVISIONS FOR “IN LIEU OF” PAYMENT.
1. Subject to the approval of the City Engineer, or his or her designee, a development shall have the option of complying with an approved sound attenuation plan (or a portion thereof) by placing on deposit with the City for deposit in an interest bearing account (with interest to accrue to and be made part of such deposit) a sum equivalent to the cost of the applicable noise mitigation measures specified in the plan, in lieu of actual construction of any particular such measures for which a deposit is made. This deposit shall be made prior to recordation of the final plat, or prior to issuance of a building permit for a project with an approved site plan or use permit, and except to the extent expended for the noise mitigation measures specified, shall be reimbursed to the party making the deposit, upon the earlier to occur of:
a. a determination by the Arizona Department of Transportation (ADOT), the Maricopa County Department of Transportation (MCDOT), or other applicable governmental authority not to construct or extend the Freeway, including any redesignation reducing the status from Freeway to some other roadway, in the proximity of the subject property; or
b. a change in the location or alignment of the Freeway (or right-of-way boundaries) as a result of which the subject property ceases to be within the Freeway proximity for which this Ordinance requires a sound attenuation plan; or
c. that date which is twenty (20) years after the date of deposit (the “Reimbursement Date”), unless on or prior to the Reimbursement Date, ADOT, MCDOT, or other applicable governmental authority confirms in writing the continued plan for a Freeway within the proximity to the subject property for which this Ordinance requires a sound attenuation plan, in which event the Reimbursement Date shall be extended up to an additional ten (10) years from the date of such confirmation. In no event may the Reimbursement Date be extended beyond the date which is thirty (30) years after the date of the deposit.
C. APPEAL PROCESS.
1. If the City Engineer, or his or her designee, determines that the sound attenuation plan (including a proposed amended plan) does not meet the intent of this Overlay District that decision may be appealed to the City Council within forty-five (45) days of the decision. (Am. Ord. 23-1589, passed 9-25-23)