(Ord. No. 4005, § 1(Res. No. 8947, Exh. A, § 12), 4-3-12)

This district is intended to promote and preserve residential development. Large lots are required to maintain a low density of population. The principal land use is single-family dwellings and uses incidental or accessory thereto together with required recreational, religious and educational facilities.

A.

Permitted uses. Buildings, structures, or premises shall be used and buildings and structures shall hereafter be erected, altered, or enlarged only for the following uses:

1.

Any use shown as permitted in Table 5.012., subject to the use limitations as listed.

B.

Uses permitted by conditional use permit.

1.

Any use shown as permitted by conditional use permit in Table 5.012., subject to the use limitations as listed, and any additional conditional use permit criteria.

Table 5.012. Use Table

Use Limitations:

(1)

The landing and taking-off of aircraft is not a valid accessory use in residential districts and is prohibited.

(2)

Care home is subject to the following criteria:

a.

Floor area ratio: Is limited to thirty-five hundredths (0.35) of the net lot area.

b.

Capacity: The maximum number of residents, including up to ten (10) disabled persons, the manager/supervisor, property owner, and residential staff at the home shall not exceed twelve (12) persons per residential lot.

c.

Location: A care home shall not be located within twelve hundred (1200) feet, measured from lot line to lot line, of another care home.

d.

Compatibility: The home and its premises shall be maintained in a clean, well-kept condition that is consistent in materials and design style with homes in the surrounding or adjacent neighborhood.

e.

Criteria: Care homes must be licensed by the State of Arizona and must provide proof of such licensing by the State of Arizona as a health care institution to the Director of Planning prior to the commencement of operations. All care homes must pass an initial and annual fire inspection administered by the Scottsdale Fire Department. Proof of such inspection and of correction of any noted deficiencies must be available at the care home at all times.

f.

Accommodation: A disabled person may request a disability accommodation from the above criteria or a development standard pursuant to Section 1.806. of this Zoning Ordinance.

(3)

Limited to one main dwelling unit per lot.

(4)

Conditional use permit is not required for public or charter educational services.

(5)

Educational service, charter school: minimum lot size is forty-three thousand (43,000) square feet.

(6)

Guest house, as an accessory use and accessory building subject to the following criteria:

a.

The cumulative gross floor area of the guest house(s) shall be no greater than one-half (1/2) the gross floor area of the main single-family residential dwelling on the same lot.

b.

Any guest house shall be connected to the existing utilities (electrical, gas, water, and sanitary sewer) connections for the main single-family residential dwelling on the same lot. It shall not be separately metered.

c.

The guest house shall not be sold, rented, or offered for rent independent of the main single-family residential dwelling on the same lot. The property owner shall record a private deed restriction acknowledging that the guest house will never be sold, rented, or offered for rent independent of the main single-family residential dwelling on the same lot, in a form satisfactory to the City.

d.

The guest house shall be subject to the requirements of Section 7.200.A.

(7)

For uses incidental to construction work and/or home sales, to be removed upon completion or abandonment of construction work and/or home sales.

(8)

Place of worship subject to compliance with the following standards, as well as those otherwise required in the underlying District:

a.

Lot area: The minimum lot area shall be equal to that required for the district, except that no lot shall be less than twenty thousand (20,000) square feet (net).

b.

Floor area ratio: In no case shall the gross floor area of the structure(s) exceed an amount equal to 0.20 multiplied by the net lot area.

c.

Building height: Development Review Board may allow building heights, including towers, spires, and mechanical equipment (such equipment must be screened) limited to thirty (30) feet in height, and may allow a maximum of ten (10) percent of the roof area to exceed the height limit by fifteen (15) feet. Height and location are subject to the Development Review Board review and approval for compatibility with the established neighborhood character. Maximum permissible heights may not be achievable in all neighborhoods. (This provision supersedes Section 7.100. through 7.102., exceptions to height restrictions, which shall not apply to churches within the underlying District.)

d.

Required open space:

i.

Minimum: 0.24 multiplied by the net lot area.

ii.

For building heights over twenty (20) feet: the minimum open space requirement plus 0.004 multiplied by the net lot area for each foot of building height over twenty (20) feet.

iii.

NAOS may be included in the required open space.

e.

Parking:

i.

Parking shall observe the minimum front yard setbacks of the underlying District for all frontages. On streets classified in the Transportation Master Plan as major arterial or greater, parking may be located between the established front building line and the front yard setback. On all other street classifications, parking shall be located behind the established front building lines.

ii.

A minimum of fifteen (15) percent of all parking areas shall be landscaped.

iii.

A ten-foot minimum landscaped setback shall be provided where parking is adjacent to residential districts shown on Table 4.100.A., or the residential portion of a Planned Community (P-C), or any portion of a Planned Residential Development (PRD) with an underlying zoning district comparable to the residential districts shown on Table 4.100.A.

f.

Lighting:

i.

All pole-mounted lighting shall be directed down and shielded and shall be a maximum of sixteen (16) feet in height.

ii.

All lighting adjacent to residential districts shown on Table 4.100.A., or the residential portion of a Planned Community (P-C), or any portion of a Planned Residential Development (PRD) with an underlying zoning district comparable to the residential districts shown on Table 4.100.A., shall be set back a minimum of thirty (30) feet from the property line. All lighting, other than security, shall be shut off by 10:00 p.m.

iii.

All lighting, other than security, shall be turned off by 10:00 p.m., unless otherwise approved through a special event permit.

g.

Screening:

i.

There shall be a minimum six-foot high masonry wall and/or landscape screen, as approved by the Development Review Board, on the side and rear property lines that are adjacent to residential districts shown on Table 4.100.A., or the residential portion of a Planned Community (P-C), or any portion of a Planned Residential Development (PRD) with an underlying zoning district comparable to the residential districts shown on Table 4.100.A.

ii.

There shall be a three-foot high landscaped berm along all street frontages where parking occurs.

h.

Access:

i.

All places of worship must have primary access to a street classified in the Transportation Master Plan as a minor collector or greater.

ii.

Access to a local or local collector residential street is prohibited when the primary worship center, auditorium, or other major gathering place exceeds three thousand (3,000) square feet.

i.

Operations: No outdoor activities shall be permitted after 10:00 p.m.

j.

Noise: Outdoor speakers or paging systems are not allowed.

(9)

Subject to the requirements of Sections 1.904., 3.100., and 7.200.

(10)

Subject to the requirements of Sections 1.400., 3.100., and 7.200.

(11)

Accessory buildings and structures subject to the requirements of Section 7.200.A.

(12)

Accessory Dwelling Unit subject to the requirements of Section 7.900.

(13)

Swimming pools subject to the requirements of Section 7.200.G.4.

(14)

Residential Recreation Area subject to the requirements of Section 7.200.G.1.

(Ord. No. 2394, § 1, 9-16-91; Ord. No. 2430, § 1, 1-21-92; Ord. No. 2470, § 1, 6-16-92; Ord. No. 2493, § 1, 9-1-92; Ord. No. 2636, § 1, 2-15-94; Ord. No. 2683, 6-21-94; Ord. No. 2858, § 1, 12-5-95; Ord. No. 3048, § 2, 10-7-97; Ord. No. 3034, § 1, 11-4-97; Ord. No. 3103, § 1, 1-6-98; Ord. No. 3225, § 1, 5-4-99; Ord. No. 3493, § 1, 3-4-03; Ord. No. 3697, § 1(Exh. 1), 9-26-06; Ord. No. 3879, § 1(Exh. § 5), 3-2-10; Ord. No. 3899, § 1(Res. No. 8342, Exh. A, § 3), 8-30-10; Ord. No. 3920, § 1(Exh. §§ 22, 23), 11-9-10; Ord. No. 4005, § 1(Res. No. 8947, Exh. A, §§ 13, 14), 4-3-12; Ord. No. 4140, § 1(Res. No. 9643, Exh. A, § 1), 2-25-14; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, §§ 70—72), 5-6-14; Ord. No. 4288, § 1(Res. No. 10650, § 1, Exh. A), 11-14-16; Ord. No. 4326, § 1(Res. No. 10963, § 1(Exh. A)), 12-5-17; Ord. No. 4329, § 3, 12-5-17; Ord. No. 4365, § 1(Res. No. 11261, § 1(Exh. A, § 5)), 11-13-18; Ord. No. 4657, § 1(Exh. 1), 10-22-24; Ord. No. 4652, § 1(Res. No. 13255, § 1(Exh. A, § 3)), 11-25-24))

Editor's note— Ord. No. 4164, § 1(Res. No. 9857, § 1, Exh. A, § 5), adopted Aug. 25, 2014, repealed § 5.013 which pertained to approvals required and derived from Ord. No. 3225, § 1, adopted May 4, 1999.

The following property development standards shall apply to all land and buildings in the R1-190 District:

A.

Lot area.

1.

Each lot shall have a minimum lot area of not less than one hundred ninety thousand (190,000) square feet.

2.

If a parcel of land or a lot of record in separate ownership has less width or area than herein required and has been lawfully established and recorded prior to the date of the passage of this ordinance, such lot may be used for any purpose permitted in this section.

B.

Lot dimensions.

Width. All lots shall have a minimum width of three hundred (300) feet.

C.

Density. There shall be not more than one (1) single-family dwelling unit on any one (1) lot.

D.

Building height. No building shall exceed thirty (30) feet in height, except as otherwise provided in article VII.

E.

Yards.

1.

Front Yard.

a.

There shall be a front yard having a depth of not less than sixty (60) feet.

b.

Where lots have a double frontage on two (2) streets, the required front yard of sixty (60) feet shall be provided on both streets.

c.

On a corner lot, the required front yard of sixty (60) feet shall be provided on each street. No accessory building or structure shall be constructed in the front yard of a corner lot's shortest street frontage. An accessory building or structure may be constructed in the front yard of a corner lot's longer street frontage subject to the requirements of Sec. 7.200.A.

2.

Side Yard. There shall be a side yard of not less than thirty (30) feet on each side of a building.

3.

Rear Yard. There shall be a rear yard having a depth of not less than sixty (60) feet.

4.

Other requirements and exceptions as specified in article VII.

F.

Distance between buildings.

1.

There shall be not less than ten (10) feet between an accessory building or structure and the main building.

2.

The minimum distance between main buildings on adjacent lots shall be not less than sixty (60) feet.

G.

Walls, fences and landscaping. Walls, fences and hedges up to eight (8) feet in height are allowed on the property line or within the required side and rear yard. Walls, fences and hedges up to twelve (12) feet in height are allowed subject to a sixty-foot setback from the side and rear property line. Walls, fences and hedges up to three (3) feet in height are allowed on the front property line or within the required front yard, except as provided in Article VII. The height of the wall or fence is measured from within the enclosure. Exception: Where a corner lot does not abut a key lot or an alley adjacent to a key lot, the height of walls, fences and hedges in the yard of the longer street frontage need only conform to the side yard requirements.

H.

Access. All lots shall have vehicular access on a dedicated street, unless a secondary means of permanent vehicular access has been approved on a subdivision plat.

I.

Corral. Corral not to exceed six (6) feet in height shall be permitted on the property line or within the required front, side or rear yard.

(Ord. No. 2509, § 1, 6-1-93; Ord. No. 4005, § 1(Res. No. 8947, Exh. A, §§ 15, 16), 4-3-12; Ord. No. 4652, § 1(Res. No. 13255, § 1(Exh. A, § 3)), 11-25-24)

The provisions of article IX shall apply.

The provisions of article VIII shall apply.

(Ord. No. 4005, § 1(Res. No. 8947, Exh. A, § 17), 4-3-12)

This district is intended to promote and preserve residential development. Large lots are required to maintain a low density of population. The principal land use is single-family dwellings and uses incidental or accessory thereto together with required recreational, religious and educational facilities.

(Ord. No. 2470, § 1, 6-16-92)

A.

Permitted uses. Buildings, structures or premises shall be used and buildings and structures shall hereafter be erected, altered or enlarged only for the following uses:

1.

Any use shown as permitted in Table 5.012., subject to the use limitations as listed.

B.

Uses permitted by conditional use permit.

1.

Any use shown as permitted by conditional use permit in Table 5.012., subject to the use limitations as listed, and any additional conditional use permit criteria.

(Ord. No. 2394, § 1, 9-16-91; Ord. No. 2430, § 1, 1-21-92; Ord. No. 2431, § 1, 1-21-92; Ord. No. 2470, § 1, 6-16-92; Ord. No. 3048, § 2, 10-7-97; Ord. No. 3034, § 1, 11-4-97; Ord. No. 3103, § 1, 1-6-98; Ord. No. 4365, § 1(Res. No. 11261, § 1(Exh. A, § 5)), 11-13-18)

Editor's note— Ord. No. 4164, § 1(Res. No. 9857, § 1, Exh. A, § 6), adopted Aug. 25, 2014, repealed § 5.023 which pertained to approvals required and derived from Ord. No. 2470, § 1, adopted June 16, 1992, and Ord. No. 3225, § 1, adopted May 4, 1999.

The following property development standards shall apply to all land and buildings in the R1-130 District:

A.

Lot area.

1.

Each lot shall have a minimum lot area of not less than one hundred thirty thousand (130,000) square feet.

2.

If a parcel of land or a lot of record in separate ownership has less width or area than herein required and has been lawfully established and recorded prior to the date of the passage of this ordinance, such lot may be used for any purpose permitted in this section.

B.

Lot dimensions.

Width. All lots shall have a minimum width of two hundred (200) feet.

C.

Density. There shall be not more than one (1) single-family dwelling unit on any one (1) lot.

D.

Building height. No building shall exceed thirty (30) feet in height, except as otherwise provided in article VII.

E.

Yards.

1.

Front Yard.

a.

There shall be a front yard having a depth of not less than sixty (60) feet.

b.

Where lots have a double frontage on two (2) streets, the required front yard of sixty (60) feet shall be provided on both streets.

c.

On a corner lot, the required front yard of sixty (60) feet shall be provided on each street. No accessory building or structure shall be constructed in the front yard of a corner lot's shortest street frontage. An accessory building or structure may be constructed in the front yard of a corner lot's longer street frontage subject to the requirements of Sec. 7.200.A.

2.

Side Yard. There shall be a side yard of not less than thirty (30) feet on each side of a building.

3.

Rear Yard. There shall be a rear yard having a depth of not less than sixty (60) feet.

4.

Other requirements and exceptions as specified in article VII.

F.

Distance between buildings.

1.

There shall be not less than ten (10) feet between an accessory building or structure and the main building.

2.

The minimum distance between main buildings on adjacent lots shall be not less than sixty (60) feet.

G.

Walls, fences and landscaping. Walls, fences and hedges up to eight (8) feet in height are allowed on the property line or within the required side and rear yard. Walls, fences and hedges up to twelve (12) feet in height are allowed subject to a sixty-foot setback from the side and rear property line. Walls, fences and hedges up to three (3) feet in height are allowed on the front property line or within the required front yard, except as provided in Article VII. The height of the wall or fence is measured from within the enclosure. Exception: Where a corner lot does not abut a key lot or an alley adjacent to a key lot, the height of walls, fences and hedges in the yard of the longer street frontage need only conform to the side yard requirements.

H.

Access. All lots shall have vehicular access on a dedicated street, unless a secondary means of permanent vehicular access has been approved on a subdivision plat.

I.

Corral. Corral not to exceed six (6) feet in height shall be permitted on the property line or within the required front, side or rear yard.

(Ord. No. 2470, § 1, 6-16-92; Ord. No. 2509, § 1, 6-1-93; Ord. No. 4005, § 1(Res. No. 8947, Exh. A, §§ 18, 19), 4-3-12; Ord. No. 4652, § 1(Res. No. 13255, § 1(Exh. A, § 3)), 11-25-24)

The provisions of article IX shall apply.

(Ord. No. 2470, § 1, 6-16-92)

The provisions of article VIII shall apply.

(Ord. No. 2470, § 1, 6-16-92)

(Ord. No. 4005, § 1(Res. No. 8947, Exh. A, § 20), 4-3-12)

This district is intended to promote and preserve residential development. Large lots are required to maintain low density of population. The principal land use is single-family dwellings and uses incidental or accessory thereto together with required recreational, religious and educational facilities.

(Ord. No. 2470, § 1, 6-16-92)

A.

Permitted uses. Buildings, structures or premises shall be used and buildings and structures shall hereafter be erected, altered or enlarged only for the following uses:

1.

Any use shown as permitted in Table 5.012., subject to the use limitations as listed.

B.

Uses permitted by conditional use permit.

1.

Any use shown as permitted by conditional use permit in Table 5.012., subject to the use limitations as listed, and any additional conditional use permit criteria.

2.

Specialized Residential Health Care Facility. Where there is a conflict with the modified standards specified for this use, the more restrictive standards shall take precedence.)

a.

A Specialized Residential Health Care Facility must have no more than sixteen (16) beds per gross acre of land and shall comply with the following:

i.

Location: all Residential Health Care Facilities shall have frontage on a street classified by the Scottsdale General Plan (Transportation Master Plan) as a minor arterial or greater.

ii.

Location: all Residential Health Care Facilities shall be located within one thousand three hundred twenty (1,320) feet of the property line of commercially zoned property.

iii.

Parking: the site plan shall be designed so that on-site parking is oriented to the building(s) in a manner that will provide convenient pedestrian access for residents, guests, and visitors. All parking areas shall be screened from the street and from neighboring properties by a minimum three-foot high undulating wall and/or landscaping. A minimum of fifteen (15) percent of all parking areas shall be landscaped. A minimum twenty-foot landscape setback shall be provided where parking is adjacent to residential districts shown on Table 4.100.A., or the residential portion of a Planned Community P-C or any portion of a Planned Residential Development PRD with an underlying zoning district comparable to the residential districts shown on Table 4.100.A.

iv.

Buffer minimum: Twenty-foot landscape area adjacent to all residential districts shown on Table 4.100.A., or the residential portion of a Planned Community P-C or any portion of a Planned Residential Development PRD with an underlying zoning district comparable to the residential districts shown on Table 4.100.A.

b.

Compatibility: All site improvements, including but not limited to, the buildings, parking areas, and other areas, should be designed to be consistent with homes allowed in the surrounding or adjacent neighborhood. Building materials and form should be responsive to the Sonoran Desert climate. To promote design compatibility, the Development Review Board application shall emphasize the following:

i.

Design elements such as varied building forms, variety of window sizes and placements, covered patios, sloped roofs and other such elements associated with large custom designed single-family dwellings.

ii.

Building materials that reflect the character of the Sonoran Desert including materials that are unpolished and have substantial texture with no exterior painted surfaces.

iii.

Limiting the use of non-native plant materials to a maximum of five (5) percent of the total lot area and that such materials will be placed in courtyards surrounded by buildings and walls at least six (6) feet in height.

iv.

Building and site design using passive solar control techniques such as, but not limited to, overhangs, recessed doors and windows, architectural screens in front of areas of glass, and earth mounded against the base of the building walls.

v.

Site design that minimizes exterior heat gain through the elimination of asphaltic paving materials and the shading of at least fifty (50) percent of all parking, walkway and patio surfaces by mature trees and/or shade structures.

vi.

Exterior water conservation measures including but not limited to water harvesting.

(Ord. No. 2470, § 1, 6-16-92; Ord. No. 3048, § 2, 10-7-97; Ord. No. 3034, § 1, 11-4-97; Ord. No. 3103, § 1, 1-6-98; Ord. No. 3493, § 1, 3-4-03; Ord. No. 3907, § 1(Exh. 1), 8-31-10; Ord. No. 4005, § 1(Res. No. 8947, Exh. A, § 21), 4-3-12; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 73), 5-6-14; Ord. No. 4365, § 1(Res. No. 11261, § 1(Exh. A, § 5)), 11-13-18)

Editor's note— Ord. No. 4164, § 1(Res. No. 9857, § 1, Exh. A, § 7), adopted Aug. 25, 2014, repealed § 5.033 which pertained to approvals required and derived from Ord. No. 2470, § 1, adopted June 16, 1992, and Ord. No. 3225, § 1, adopted May 4, 1999.

The following property development standards shall apply to all land and buildings in the R1-70 District:

A.

Lot area.

1.

Each lot shall have a minimum lot area of not less than seventy thousand (70,000) square feet.

2.

If a parcel of land or a lot of record in separate ownership has less width or area than herein required and has been lawfully established and recorded prior to the date of the passage of this ordinance, such lot may be used for any purpose permitted in this section.

3.

Specialized Residential Health Care Facility: the minimum lot area shall be five (5) gross acres.

B.

Lot dimensions.

Width. All lots shall have a minimum width of two hundred fifty (250) feet.

C.

Density. There shall be not more than one (1) single-family dwelling unit on any one (1) lot.

D.

Building height. No building shall exceed thirty (30) feet in height, except as otherwise provided in article VII.

E.

Yards.

1.

Front Yard.

a.

There shall be a front yard having a depth of not less than sixty (60) feet.

b.

Where lots have a double frontage on two (2) streets, the required front yard of sixty (60) feet shall be provided on both streets.

c.

On a corner lot, the required front yard of sixty (60) feet shall be provided on each street. No accessory building or structure shall be constructed in the front yard of a corner lot's shortest street frontage. An accessory building or structure may be constructed in the front yard of a corner lot's longer street frontage subject to the requirements of Sec. 7.200.A.

2.

Side Yard. There shall be a side yard of not less than thirty (30) feet on each side of a building.

3.

Rear Yard. There shall be a rear yard having a depth of not less than sixty (60) feet.

4.

Other requirements and exceptions as specified in article VII.

F.

Distance between buildings.

1.

There shall be not less than ten (10) feet between an accessory building or structure and the main building.

2.

The minimum distance between main buildings on adjacent lots shall be not less than sixty (60) feet.

G.

Walls, fences and landscaping. Walls, fences and hedges up to eight (8) feet in height are allowed on the property line or within the required side and rear yard. Walls, fences and hedges up to twelve (12) feet in height are allowed subject to a twenty-foot setback from the side and rear property line. Walls, fences and hedges up to three (3) feet in height are allowed on the front property line or within the required front yard, except as provided in Article VII. The height of the wall or fence is measured from within the enclosure. Exception: Where a corner lot does not abut a key lot or an alley adjacent to a key lot, the height of walls, fences and hedges in the yard of the longer street frontage need only conform to the side yard requirements.

H.

Access. All lots shall have vehicular access on a dedicated street, unless a secondary means of permanent vehicular access has been approved on a subdivision. Access for Specialized Residential Health Care Facilities shall be provided in the following manner:

1.

All Specialized Residential Health Care Facilities shall have access to a street classified by the Scottsdale General Plan (Transportation Master Plan) as a minor collector or greater.

I.

Corral. Corral not to exceed six (6) feet in height shall be permitted on the property line or within the required front, side or rear yard.

(Ord. No. 2470, § 1, 6-16-92; Ord. No. 2509, § 1, 6-1-93; Ord. No. 3907, § 1(Exh. 1), 8-31-10; Ord. No. 4005, § 1(Res. No. 8947, Exh. A, §§ 22, 23), 4-3-12; Ord. No. 4652, § 1(Res. No. 13255, § 1(Exh. A, § 3)), 11-25-24)

The provisions of article IX shall apply.

(Ord. No. 2470, § 1, 6-16-92)

The provisions of article VIII shall apply.

(Ord. No. 2470, § 1, 6-16-92)

(Ord. No. 4005, § 1(Res. No. 8947, Exh. A, § 24), 4-3-12)

This district is intended to promote and preserve residential development. Large lots are required to maintain a low density of population. The principal land use is single-family dwellings and uses incidental or accessory thereto together with required recreational, religious and educational facilities.

A.

Permitted uses. Buildings, structures or premises shall be used and buildings and structures shall hereafter be erected, altered or enlarged only for the following uses:

1.

Any use shown as permitted in Table 5.102., subject to the use limitations as listed.

B.

Uses permitted by conditional use permit.

1.

Any use shown as permitted by conditional use permit in Table 5.102., subject to the use limitations as listed, and any additional conditional use permit criteria.

Table 5.102. Use Table

Use Limitations:

(1)

The landing and taking-off of aircraft is not a valid accessory use in residential districts and is prohibited.

(2)

Care home is subject to the following criteria:

a.

Floor area ratio: Is limited to thirty-five hundredths (0.35) of the net lot area.

b.

Capacity: The maximum number of residents, including up to ten (10) disabled persons, the manager/supervisor, property owner, and residential staff at the home shall not exceed twelve (12) persons per residential lot.

c.

Location: A care home shall not be located within twelve hundred (1200) feet, measured from lot line to lot line, of another care home.

d.

Compatibility: The home and its premises shall be maintained in a clean, well-kept condition that is consistent in materials and design style with homes in the surrounding or adjacent neighborhood.

e.

Criteria: Care homes must be licensed by the State of Arizona and must provide proof of such licensing by the State of Arizona as a health care institution to the Director of Planning prior to the commencement of operations. All care homes must pass an initial and annual fire inspection administered by the Scottsdale Fire Department. Proof of such inspection and of correction of any noted deficiencies must be available at the care home at all times.

f.

Accommodation: A disabled person may request a disability accommodation from the above criteria or a development standard pursuant to Section 1.806. of this Zoning Ordinance.

(3)

Limited to one main dwelling unit per lot.

(4)

Conditional use permit is not required for public or charter educational services.

(5)

Educational service, charter school: minimum lot size is forty-three thousand (43,000) square feet.

(6)

Guest house, as an accessory use and accessory building subject to the following criteria:

a.

The cumulative gross floor area of the guest house(s) shall be no greater than one-half (1/2) the gross floor area of the main single-family residential dwelling on the same lot.

b.

Any guest house shall be connected to the existing utilities (electrical, gas, water, and sanitary sewer) connections for the main single-family residential dwelling on the same lot. It shall not be separately metered.

c.

The guest house shall not be sold, rented, or offered for rent independent of the main single-family residential dwelling on the same lot. The property owner shall record a private deed restriction acknowledging that the guest house will never be sold, rented, or offered for rent independent of the main single-family residential dwelling on the same lot, in a form satisfactory to the City.

d.

The guest house shall be subject to the requirements of Section 7.200.A.

(7)

For uses incidental to construction work and/or home sales, to be removed upon completion or abandonment of construction work and/or home sales.

(8)

Place of worship subject to compliance with the following standards, as well as those otherwise required in the underlying District:

a.

Lot area: The minimum lot area shall be equal to that required for the district, except that no lot shall be less than twenty thousand (20,000) square feet (net).

b.

Floor area ratio: In no case shall the gross floor area of the structure(s) exceed an amount equal to 0.20 multiplied by the net lot area.

c.

Building height: Development Review Board may allow building heights, including towers, spires, and mechanical equipment (such equipment must be screened) limited to thirty (30) feet in height, and may allow a maximum of ten (10) percent of the roof area to exceed the height limit by fifteen (15) feet. Height and location are subject to the Development Review Board review and approval for compatibility with the established neighborhood character. Maximum permissible heights may not be achievable in all neighborhoods. (This provision supersedes Section 7.100. through 7.102., exceptions to height restrictions, which shall not apply to churches within the underlying District.)

d.

Required open space:

i.

Minimum: 0.24 multiplied by the net lot area.

ii.

For building heights over twenty (20) feet: the minimum open space requirement plus 0.004 multiplied by the net lot area for each foot of building height over twenty (20) feet.

iii.

NAOS may be included in the required open space.

e.

Parking:

i.

Parking shall observe the minimum front yard setbacks of the underlying District for all frontages. On streets classified in the Transportation Master Plan as major arterial or greater, parking may be located between the established front building line and the front yard setback. On all other street classifications, parking shall be located behind the established front building lines.

ii.

A minimum of fifteen (15) percent of all parking areas shall be landscaped.

iii.

A ten-foot minimum landscaped setback shall be provided where parking is adjacent to residential districts shown on Table 4.100.A., or the residential portion of a Planned Community (P-C), or any portion of a Planned Residential Development (PRD) with an underlying zoning district comparable to the residential districts shown on Table 4.100.A.

f.

Lighting:

i.

All pole-mounted lighting shall be directed down and shielded and shall be a maximum of sixteen (16) feet in height.

ii.

All lighting adjacent to residential districts shown on Table 4.100.A., or the residential portion of a Planned Community (P-C), or any portion of a Planned Residential Development (PRD) with an underlying zoning district comparable to the residential districts shown on Table 4.100.A., shall be set back a minimum of thirty (30) feet from the property line. All lighting, other than security, shall be shut off by 10:00 p.m.

iii.

All lighting, other than security, shall be turned off by 10:00 p.m., unless otherwise approved through a special event permit.

g.

Screening:

i.

There shall be a minimum six-foot high masonry wall and/or landscape screen, as approved by the Development Review Board, on the side and rear property lines that are adjacent to residential districts shown on Table 4.100.A., or the residential portion of a Planned Community (P-C), or any portion of a Planned Residential Development (PRD) with an underlying zoning district comparable to the residential districts shown on Table 4.100.A.

ii.

There shall be a three-foot high landscaped berm along all street frontages where parking occurs.

h.

Access:

i.

All places of worship must have primary access to a street classified in the Transportation Master Plan as a minor collector or greater.

ii.

Access to a local or local collector residential street is prohibited when the primary worship center, auditorium, or other major gathering place exceeds three thousand (3,000) square feet.

i.

Operations: No outdoor activities shall be permitted after 10:00 p.m.

j.

Noise: Outdoor speakers or paging systems are not allowed.

(9)

Subject to the requirements of Sections 1.904., 3.100., and 7.200.

(10)

Subject to the requirements of Sections 1.400., 3.100., and 7.200.

(11)

Accessory buildings and structures subject to the requirements of Section 7.200.A.

(12)

Accessory Dwelling Unit subject to the requirements of Section 7.900.

(13)

Swimming pools subject to the requirements of Section 7.200.G.4.

(14)

Residential Recreation Area subject to the requirements of Section 7.200.G.1.

(Ord. No. 2394, § 1, 9-16-91; Ord. No. 2430, § 1, 1-21-92; Ord. No. 2431, § 1, 1-21-92; Ord. No. 2470, § 1, 6-16-92; Ord. No. 2636, § 1, 2-15-94; Ord. No. 2858, § 1, 12-5-95; Ord. No. 3048, 10-7-97; Ord. No. 3034, § 1, 11-4-97; Ord. No. 3103, § 1, 1-6-98; Ord. No. 3225, § 1, 5-4-99; Ord. No. 3493, § 1, 3-4-03; Ord. No. 3697, § 1(Exh. 1), 9-26-06; Ord. No. 3879, § 1(Exh. § 6), 3-2-10; Ord. No. 3899, § 1(Res. No. 8342, Exh. A, § 4), 8-30-10; Ord. No. 3920, § 1(Exh. §§ 24, 25), 11-9-10; Ord. No. 4005, § 1(Res. No. 8947, Exh. A, §§ 25, 26), 4-3-12; Ord. No. 4140, § 1(Res. No. 9643, Exh. A, § 2), 2-25-14; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, §§ 74, 75), 5-6-14; Ord. No. 4288, § 1(Res. No. 10650, § 1, Exh. A), 11-14-16; Ord. No. 4326, § 1(Res. No. 10963, § 1(Exh. A)), 12-5-17; Ord. No. 4365, § 1(Res. No. 11261, § 1(Exh. A, § 5)), 11-13-18; Ord. No. 4657, § 1(Exh. 1), 10-22-24; Ord. No. 4652, § 1(Res. No. 13255, § 1(Exh. A, § 3)), 11-25-24)

Editor's note— Ord. No. 4164, § 1(Res. No. 9857, § 1, Exh. A, § 8), adopted Aug. 25, 2014, repealed § 5.103 which pertained to approvals required and derived from Ord. No. 3225, § 1, adopted May 4, 1999.

The following property development standards shall apply to all land and buildings in the R1-43 District:

A.

Lot area.

1.

Each lot shall have a minimum lot area of not less than forty-three thousand (43,000) square feet.

2.

If a parcel of land or a lot of record in separate ownership has less width or area than herein required and has been lawfully established and recorded prior to the date of the passage of this ordinance, such lot may be used for any purpose permitted in this section.

B.

Lot dimensions.

Width. All lots shall have a minimum lot width of one hundred fifty (150) feet.

C.

Density. There shall be not more than one (1) single-family dwelling unit on any one (1) lot.

D.

Building height. No building shall exceed thirty (30) feet in height, except as otherwise provided in article VII.

E.

Yards.

1.

Front Yard.

a.

There shall be a front yard having a depth of not less than forty (40) feet.

b.

Where lots have a double frontage on two (2) streets, the required front yard of forty (40) feet shall be provided on both streets.

c.

On a corner lot, the required front yard of forty (40) feet shall be provided on each street. No accessory building or structure shall be constructed in the front yard of a corner lot's shortest street frontage. An accessory building or structure may be constructed in the front yard of a corner lot's longer street frontage subject to the requirements of Sec. 7.200.A.

2.

Side Yard. There shall be a side yard of not less than twenty (20) feet on each side of a building.

3.

Rear Yard. There shall be a rear yard having a depth of not less than thirty-five (35) feet.

4.

Other requirements and exceptions as specified in article VII.

F.

Distance between buildings.

1.

There shall be not less than ten (10) feet between an accessory building or structure and the main building.

2.

The minimum distance between main buildings on adjacent lots shall be not less than forty (40) feet.

G.

Walls, fences and landscaping. Walls, fences and hedges up to eight (8) feet in height are allowed on the property line or within the required side and rear yard. Walls, fences and hedges up to twelve (12) feet in height are allowed subject to a twenty-foot setback from the side and rear property line. Walls, fences and hedges up to three (3) feet in height are allowed on the front property line or within the required front yard, except as provided in Article VII. The height of the wall or fence is measured from within the enclosure. Exception: Where a corner lot does not abut a key lot or an alley adjacent to a key lot, the height of walls, fences and hedges in the yard of the longer street frontage need only conform to the side yard requirements.

H.

Access. All lots shall have vehicular access on a dedicated street, unless a secondary means of permanent vehicular access has been approved on a subdivision plat.

I.

Corral. Corral not to exceed six (6) feet in height shall be permitted on the property line or within the required front, side or rear yard.

(Ord. No. 2509, § 1, 6-1-93; Ord. No. 4005, § 1(Res. No. 8947, Exh. A, §§ 27, 28), 4-3-12; Ord. No. 4652, § 1(Res. No. 13255, § 1(Exh. A, § 3)), 11-25-24)

The provisions of article IX shall apply.

The provisions of article VIII shall apply.

[Repealed by Ordinance No. 1575.]

(Ord. No. 4005, § 1(Res. No. 8947, Exh. A, § 29), 4-3-12)

This district is intended to promote and preserve residential development. The minimum lot size, although less than one (1) acre, still results in a low density of population. The principal land use is single-family dwellings and uses incidental or accessory thereto, together with required recreational, religious and educational facilities.

A.

Permitted uses. Buildings, structures or premises shall be used and buildings and structures shall hereafter be erected, altered or enlarged only for the following uses:

1.

Any use shown as permitted in Table 5.102., subject to the use limitations as listed.

B.

Uses permitted by conditional use permit.

1.

Any use shown as permitted by conditional use permit in Table 5.102., subject to the use limitations as listed, and any additional conditional use permit criteria.

(Ord. No. 3048, § 2, 10-7-97; Ord. No. 3034, § 1, 11-4-97; Ord. No. 3103, § 1, 1-6-98; Ord. No. 3493, § 1, 3-4-03; Ord. No. 4365, § 1(Res. No. 11261, § 1(Exh. A, § 5)), 11-13-18)

Editor's note— Ord. No. 4164, § 1(Res. No. 9857, § 1, Exh. A, § 9), adopted Aug. 25, 2014, repealed § 5.203 which pertained to approvals required and derived from Ord. No. 3225, § 1, adopted May 4, 1999.

The following property development standards shall apply to all land and buildings in the R1-35 District:

A.

Lot area.

1.

Each lot shall have a minimum lot area of not less than thirty-five thousand (35,000) square feet.

2.

If a parcel of land or a lot of record in separate ownership has less width or area than herein required and has been lawfully established and recorded prior to the date of the passage of this ordinance, such lot may be used for any purpose permitted in this section.

B.

Lot dimension.

1.

Width. All lots shall have a minimum width of one hundred thirty-five (135) feet.

C.

Density. There shall not be more than one (1) single-family dwelling unit on any one (1) lot.

D.

Building height. No building shall exceed thirty (30) feet in height, except as provided in article VII.

E.

Yards.

1.

Front Yard.

a.

There shall be a front yard having a depth of not less than forty (40) feet.

b.

Where lots have a double frontage on two (2) streets, the required front yard of forty (40) feet shall be provided on both streets.

c.

On a corner lot, the required front yard of forty (40) feet shall be provided on each street. No accessory building or structure shall be constructed in the front yard of a corner lot's shortest street frontage. An accessory building or structure may be constructed in the front yard of a corner lot's longer street frontage subject to the requirements of Sec. 7.200.A.

2.

Side Yard. There shall be side yards of not less than fifteen (15) feet on each side of a building.

3.

Rear Yard. There shall be a rear yard having a depth of not less than thirty-five (35) feet.

4.

Other requirements and exceptions as specified in article VII.

F.

Distance between buildings.

1.

There shall not be less than ten (10) feet between an accessory building or structure and the main building.

2.

The minimum distance between main buildings on adjacent lots shall be not less than thirty (30) feet.

G.

Walls, fences and landscaping. Walls, fences and hedges up to eight (8) feet in height are allowed on the property line or within the required side or rear yard. Walls, fences and hedges up to three (3) feet in height are allowed on the front property line or within the required front yard, except as provided in Article VII. The height of the wall or fence is measured from within the enclosure. Exception: Where a corner lot does not abut a key lot or an alley adjacent to a key lot, the height of walls, fences and hedges in the yard facing the longer street frontage need only conform to the side yard requirements.

H.

Access. All lots shall have vehicular access on a dedicated street, unless a secondary means of permanent vehicular access has been approved on a subdivision plat.

I.

Corral. Corral not to exceed six (6) feet in height shall be permitted on the property line or within the required front, side or rear yard.

(Ord. No. 2509, § 1, 6-1-93; Ord. No. 4005, § 1(Res. No. 8947, Exh. A, §§ 30, 31), 4-3-12; Ord. No. 4652, § 1(Res. No. 13255, § 1(Exh. A, § 3)), 11-25-24)

The provisions of article IX shall apply.

The provisions of article VIII shall apply.

(Ord. No. 4652, § 1(Res. No. 13255, § 1(Exh. A, § 3)), 11-25-24)

Editor's note— Ord. No. 4652, § 1(Res. No. 13255, § 1(Exh. A, § 3)), adopted Nov. 25, 2024, renumbered § 5.207 as § 5.206.

(Ord. No. 4005, § 1(Res. No. 8947, Exh. A, § 32), 4-3-12)

This district is intended to promote and preserve residential development. Lot size is such that a low density of population is still maintained. Land use is composed chiefly of individual homes, together with required recreation, religious and educational facilities as the basic elements of a balanced neighborhood.

A.

Permitted uses. Buildings, structures or premises shall be used and building and structures shall hereafter be erected, altered or enlarged only for the following uses:

1.

Any use shown as permitted in Table 5.102., subject to the use limitations as listed.

B.

Uses permitted by conditional use permit.

1.

Any use shown as permitted by conditional use permit in Table 5.102., subject to the use limitations as listed, and any additional conditional use permit criteria.

(Ord. No. 3048, § 2, 10-7-97; Ord. No. 3034, § 1, 11-4-97; Ord. No. 3103, § 1, 1-6-98; Ord. No. 3493, § 1, 3-4-03; Ord. No. 4365, § 1(Res. No. 11261, § 1(Exh. A, § 5)), 11-13-18)

Editor's note— Ord. No. 4164, § 1(Res. No. 9857, § 1, Exh. A, § 10), adopted Aug. 25, 2014, repealed § 5.303 which pertained to approvals required and derived from Ord. No. 3225, § 1, adopted May 4, 1999.

The following property development standards shall apply to all land and buildings in the R1-18 district:

A.

Lot area.

1.

Each lot shall have a minimum area of not less than eighteen thousand (18,000) square feet.

2.

If a parcel of land or a lot of record in separate ownership has less width or area than herein required and has been lawfully established and recorded prior to the date of the passage of this ordinance, such lot may be used for any purpose permitted in this section.

B.

Lot dimensions.

1.

Width. All lots shall have a minimum width of one hundred twenty (120) feet.

C.

Density. There shall not be more than one (1) single-family dwelling unit on any one (1) lot.

D.

Building height. No building shall exceed thirty (30) feet in height, except as otherwise provided in article VII.

E.

Yards.

1.

Front Yard.

a.

There shall be a front yard having a depth of not less than thirty-five (35) feet.

b.

Where lots have a double frontage on two (2) streets, the required front yard of thirty-five (35) feet shall be provided on both streets.

c.

On a corner lot, the required front yard of thirty-five (35) feet shall be provided on each street. No accessory building or structure shall be constructed in the front yard of a corner lot's shortest street frontage. An accessory building or structure may be constructed in the front yard of a corner lot's longer street frontage subject to the requirements of Sec. 7.200.A.

2.

Side Yard. There shall be a side yard on each side of a building having a width of not less than ten (10) feet.

3.

Rear Yard. There shall be a rear yard having a depth of not less than thirty (30) feet.

4.

Other requirements and exceptions as specified in article VII.

F.

Distance between buildings.

1.

There shall be not less than ten (10) feet between an accessory building or structure and the main building.

2.

The minimum distance between main buildings on adjacent lots shall not be less than twenty (20) feet.

G.

Walls, fences and landscaping. Walls, fences and hedges up to eight (8) feet in height are allowed on the property line or within the required side or rear yard. Walls, fences and hedges up to three (3) feet in height are allowed on the front property line or within the required front yard, except as provided in Article VII. The height of the wall or fence is measured from within the enclosure. Exception: Where a corner lot does not abut a key lot or an alley adjacent to a key lot, the height of walls, fences and hedges in the yard facing the longer street frontage need only conform to the side yard requirements.

H.

Access. All lots shall have vehicular access on a dedicated street, unless a secondary means of permanent vehicular access has been approved on a subdivision plat.

(Ord. No. 2509, § 1, 6-1-93; Ord. No. 4005, § 1(Res. No. 8947, Exh. A, § 33), 4-3-12; Ord. No. 4652, § 1(Res. No. 13255, § 1(Exh. A, § 3)), 11-25-24)

The provisions of article IX shall apply.

The provisions of article VIII shall apply.

(Ord. No. 4005, § 1(Res. No. 8947, Exh. A, § 34), 4-3-12)

This district is intended to promote and preserve residential development. Lot size permits a higher density of population. Land use is composed chiefly of individual homes, together with required recreational, religious and educational facilities as the basic elements of a balanced neighborhood.

A.

Permitted uses. Buildings, structures or premises shall be used and buildings and structures shall hereafter be erected, altered or enlarged only for the following uses:

1.

Any use shown as permitted in Table 5.102., subject to the use limitations as listed.

B.

Uses permitted by conditional use permit.

1.

Any use shown as permitted by conditional use permit in Table 5.102., subject to the use limitations as listed, and any additional conditional use permit criteria.

(Ord. No. 3048, § 2, 10-7-97; Ord. No. 3034, § 1, 11-4-97; Ord. No. 3103, § 1, 1-6-98; Ord. No. 3493, § 1, 3-4-03; Ord. No. 4365, § 1(Res. No. 11261, § 1(Exh. A, § 5)), 11-13-18)

Editor's note— Ord. No. 4164, § 1(Res. No. 9857, § 1, Exh. A, § 11), adopted Aug. 25, 2014, repealed § 5.403 which pertained to approvals required and derived from Ord. No. 3225, § 1, adopted May 4, 1999.

The following property development standards shall apply to all land and buildings in the R1-10 district:

A.

Lot area.

1.

Each lot shall have a minimum area of not less than ten thousand (10,000) square feet.

2.

If a parcel of land or a lot of record in separate ownership has less width or area than herein required and has been lawfully established and recorded prior to the date of the passage of this ordinance, such lot may be used for any purpose permitted in this section.

B.

Lot dimension.

1.

Width. All lots shall have a minimum width of eighty (80) feet.

C.

Density. There shall not be more than one (1) single-family dwelling unit on any one (1) lot.

D.

Building Height. No building shall exceed thirty (30) feet in height, except as otherwise provided in article VII.

E.

Yards.

1.

Front Yard.

a.

There shall be a front yard having a depth of not less than thirty (30) feet.

b.

Where lots have a double frontage on two (2) streets, the required front yard of thirty (30) feet shall be provided on both streets.

c.

On a corner lot, there shall be a yard conforming to the front yard requirements on the street with the shortest frontage and a yard of not less than fifteen (15) feet on the longer street frontage. An attached private garage or carport that has direct access from a street along the longer street frontage of a corner lot shall not be located closer than twenty (20) feet to the back of ultimate street improvements. No accessory building or structure shall be constructed in the front yard of a corner lot's shortest street frontage. An accessory building or structure may be constructed in the front yard of a corner lot's longer street frontage subject to the requirements of Sec. 7.200.A.

2.

Side Yard. There shall be a side yard on each side of a building having a width of not less than seven (7) feet.

3.

Rear Yard. There shall be a rear yard having a depth of not less than twenty-five (25) feet.

a.

The main building or additions to the main building may extend into the required rear yard subject to the following requirements:

(1)

The main building or additions to the main building shall be set back fifteen (15) feet from the rear property line.

(2)

The main building or addition to the main building shall not occupy more than thirty (30) percent of the area between the rear setback line and the rear property line.

4.

Other requirements and exceptions as specified in article VII.

F.

Distance between buildings.

1.

There shall not be less than ten (10) feet between an accessory building or structure and the main building.

2.

The minimum distance between main buildings on adjacent lots shall not be less than fourteen (14) feet.

G.

Walls, fences and landscaping. Walls, fences and hedges up to eight (8) feet in height are allowed on the property line or within the required side or rear yard. Walls, fences and hedges up to three (3) feet in height are allowed on the front property line or within the required front yard, except as provided in Article VII. The height of the wall or fence is measured from within the enclosure. Exception: Where a corner lot does not abut a key lot or an alley adjacent to a key lot, the height of walls, fences and hedges in the yard facing the longer street frontage need only conform to the side yard requirements.

H.

Access. All lots shall have vehicular access on a dedicated street, unless a secondary means of permanent vehicular access has been approved on a subdivision plat.

(Ord. No. 2509, § 1, 6-1-93; Ord. No. 4005, § 1(Res. No. 8947, Exh. A, § 35), 4-3-12; Ord. No. 4652, § 1(Res. No. 13255, § 1(Exh. A, § 3)), 11-25-24)

The provisions of article IX shall apply.

The provisions of article VIII shall apply.

(Ord. No. 4005, § 1(Res. No. 8947, Exh. A, § 36), 4-3-12)

This district is intended to promote and preserve urban single-family residential development. Lot size permits the highest density of population attainable in a single-family residential district. The principal land use is a single-family dwelling. Uses incidental or accessory to dwellings, recreations, religious and educational facilities are included.

A.

Permitted uses. Buildings, structures or premises shall be used and buildings and structures shall hereafter be erected, altered or enlarged only for the following uses:

1.

Any use shown as permitted in Table 5.102., subject to the use limitations as listed.

B.

Uses permitted by conditional use permit.

1.

Any use shown as permitted by conditional use permit in Table 5.102., subject to the use limitations as listed, and any additional conditional use permit criteria.

(Ord. No. 3048, § 2, 10-7-97; Ord. No. 3034, § 1, 11-4-97; Ord. No. 3103, § 1, 1-6-98; Ord. No. 3493, § 1, 3-4-03; Ord. No. 4365, § 1(Res. No. 11261, § 1(Exh. A, § 5)), 11-13-18)

Editor's note— Ord. No. 4164, § 1(Res. No. 9857, § 1, Exh. A, § 12), adopted Aug. 25, 2014, repealed § 5.503 which pertained to approvals required and derived from Ord. No. 3225, § 1, adopted May 4, 1999.

The following property development standards shall apply to all land and buildings in the R1-7 district:

A.

Lot area.

1.

Each lot shall have a minimum area of not less than seven thousand (7,000) square feet.

2.

If a parcel of land or a lot of record in separate ownership has less width or area than herein required and has been lawfully established and recorded prior to the date of the passage of this ordinance, such lot may be used for any purpose permitted in this section.

B.

Lot dimensions. Width. All lots shall have a minimum width of seventy (70) feet.

C.

Density. There shall not be more than one (1) single-family dwelling unit on any one (1) lot.

D.

Building height. No building shall exceed thirty (30) feet in height, except as otherwise provided in Article VII.

E.

Yards. Except as otherwise provided in this Section 5.504:

1.

Front yard. Each lot shall have a front yard with a minimum depth of twenty (20) feet.

2.

Side yard. Each lot shall have two (2) side yards with a minimum depth of five (5) feet.

3.

Rear yard. Each lot shall have a rear yard with a minimum depth of twenty-five (25) feet or twenty-two (22) feet where the property owner has dedicated a minimum of eight (8) feet for alley purposes.

4.

Double frontage lot yards. A double frontage lot shall have a front yard with a minimum depth of twenty (20) feet, and a rear yard with a minimum depth of twenty-five (25) feet. The Zoning Administrator shall determine which yard is the front yard of a double frontage lot.

5.

Corner lot yards. A corner lot shall have a front yard with a minimum depth of twenty (20) feet on the shorter street frontage, and a yard with a minimum depth of five (5) feet on the longer street frontage. However, if a corner lot abuts a key lot or an alley adjacent to a key lot, the yard on the longer street frontage shall have a minimum depth of ten (10) feet. An attached private garage or carport that has direct access from a street along the longer street frontage of a corner lot shall not be located closer than twenty (20) feet to the back of ultimate street improvements. No accessory building or structure shall be constructed in the front yard of a corner lot's shortest street frontage. An accessory building or structure may be constructed in the front yard of a corner lot's longer street frontage subject to the requirements of Sec. 7.200.A.

6.

All yards shall conform to Article VII.

F.

Distance between buildings. There shall not be less than five (5) feet between an accessory building or structure and any main building.

G.

Walls, fences and hedges.

1.

Front yards. Walls, fences and hedges with a maximum height of three (3) feet are allowed on the front property line or in the front yard. However, walls, fences and hedges with a maximum height of six (6) feet are allowed in the front yard if:

a.

Not more than forty (40) percent of the front yard set forth in E. above is enclosed, and

b.

A minimum setback of three (3) feet from the front property line is provided.

2.

Side and rear yards. Walls, fences and hedges with a maximum height of eight (8) feet are allowed on the side or rear property line or in the side or rear yard.

3.

Corner lot yards. Except as provided in Article VII, walls, fences and hedges:

a.

With a maximum height of three (3) feet are allowed in the front yard of a corner lot on the shorter street frontage.

b.

With a maximum height of six (6) feet are allowed in the front yard of a corner lot on the shorter street frontage if:

i.

Not more than forty (40) percent of the front yard set forth in E. above is enclosed, and

ii.

A minimum setback of three (3) feet from the front property line is provided.

c.

With a maximum height of six (6) feet are allowed:

i.

In the yard on the longer street frontage between the setback of the main building and the rear property line, or

ii.

On the property line on the longer street frontage between the setback of the main building and the rear property line.

4.

The height of any wall, fence or hedge is measured from within the enclosure.

H.

Main buildings and additions to main buildings.

1.

The main building and an addition to the main building may extend into the rear yard if:

a.

It is set back a minimum of fifteen (15) feet from the rear property line or twelve (12) feet where the property owner has dedicated a minimum of eight (8) feet for alley purposes, and

b.

It does not occupy more than thirty (30) percent of the area of the rear yard as set forth in E. above.

2.

A patio cover and/or covered porch is allowed in the front yard if:

a.

It is structurally integrated with compatible building materials to, and not taller than, the main building's roof;

b.

It is set back a minimum of ten (10) feet from the front property line; and

c.

The combined area of the patio cover and covered porch does not encompass more than twenty-two (22) percent of the front yard set forth in E. above.

3.

A carport attached to the main building is allowed in the front yard if:

a.

It is structurally integrated with compatible building materials to the main building's roof,

b.

It is set back a minimum of ten (10) feet from the front property line,

c.

It does not encompass more than twenty (20) percent of the front yard set forth in E. above,

d.

The entrance to the carport is perpendicular to the street, and

e.

It is constructed so that a minimum of twenty-five (25) percent of the front side shall remain open.

4.

Regardless of the distance between buildings set forth in F. above, a carport attached to the main building is allowed in the side yard and on the side property line if:

a.

It is structurally integrated with compatible building materials to the main building's roof;

b.

It does not abut a carport, garage or similar structure on the adjacent lot; and

c.

The property owner adjacent to the proposed carport grants to the City a five-foot wide nonbuildable easement, on a City form, recorded with the Maricopa County Recorder's Office and filed with the City.

I.

Access. All lots shall have vehicular access on a dedicated street, unless a secondary means of permanent vehicular access has been approved on a subdivision plat.

(Ord. No. 2557, § 1, 5-4-93; Ord. No. 2509, § 1, 6-1-93; Ord. No. 3225, § 1, 5-4-99; Ord. No. 3760, § 2, 11-6-07; Ord. No. 3853, § 1, 10-5-10; Ord. No. 3920, § 1(Exh. § 26), 11-9-10; Ord. No. 4005, § 1(Res. No. 8947, Exh. A, § 37), 4-3-12; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, §§ 76—78), 5-6-14; Ord. No. 4652, § 1(Res. No. 13255, § 1(Exh. A, § 3)), 11-25-24)

The provisions of article IX shall apply.

The provisions of article VIII shall apply.

(Ord. No. 4005, § 1(Res. No. 8947, Exh. A, § 38), 4-3-12)

This district is intended to provide an urban single-family residential development. This district is the most intense single-family district and provides a patio home style of development. It should provide a transition between attached and multi-family residential areas and modest density single-family areas. Uses incidental or accessory to dwellings, recreational, religious and educational facilities are included.

(Ord. No. 2293, § 1, 5-15-90)

A.

Permitted uses. Buildings, structures or premises shall be used and buildings, structures and premises shall hereafter be erected, altered or enlarged only for the following uses:

1.

Any use shown as permitted in Table 5.102., subject to the use limitations as listed.

B.

Uses permitted by conditional use permit.

1.

Any use shown as permitted by conditional use permit in Table 5.102., subject to the use limitations as listed, and any additional conditional use permit criteria.

(Ord. No. 2293, § 1, 5-15-90; Ord. No. 3048, § 2, 10-7-97; Ord. No. 3034, § 1, 11-4-97; Ord. No. 3103, § 1, 1-6-98; Ord. No. 3493, § 1, 3-4-03; Ord. No. 4365, § 1(Res. No. 11261, § 1(Exh. A, § 5)), 11-13-18)

Editor's note— Ord. No. 4164, § 1(Res. No. 9857, § 1, Exh. A, § 13), adopted Aug. 25, 2014, repealed § 5.553 which pertained to approvals required and derived from Ord. No. 2293, § 1, adopted May 15, 1990, and Ord. No. 3225, § 1, adopted May 4, 1999.

The following property development standards shall apply to all land and buildings in the R1-5 District:

A.

Lot area.

1.

Each lot shall have a minimum area of not less than four thousand seven hundred (4,700) square feet.

B.

Lot dimensions.

1.

Lot width. All lots shall have a minimum width of forty-five (45) feet. All corner lots at the intersection of two (2) streets shall have a minimum width of fifty-five (55) feet.

2.

Lot depth. All lots shall have a minimum depth of eight-five (85) feet.

C.

Density. There shall not be more than one (1) single-family dwelling unit on any one (1) lot.

D.

Building height. No building shall exceed thirty (30) feet in height, except as otherwise provided in article VII.

E.

Yards.

1.

Front Yard.

a.

There shall be a front yard having a minimum depth of fifteen (15) feet.

b.

Where lots have double frontage on two (2) streets the required yard where access is not provided shall be:

i.

Fifteen (15) feet from the property line where the street is a local residential street; or

ii.

Twenty-five (25) feet from the property line where the street is a collector, arterial, parkway, expressway or freeway classification.

These requirements do not apply to fences and walls, pools and accessory buildings.

c.

On a corner lot, there shall be a yard conforming to the front yard requirements on the street with the shortest frontage and a yard of not less than ten (10) feet in depth from property line to the main building on the longer street frontage. An attached private garage or carport that has direct access from a street along the longer street frontage of a corner lot shall not be located closer than twenty (20) feet to the back of ultimate street improvements. No accessory building or structure shall be constructed in the front yard of a corner lot's shortest street frontage. An accessory building or structure may be constructed in the front yard of a corner lot's longer street frontage subject to the requirements of Sec. 7.200.A.

2.

Side Yards.

a.

There shall be a side yard on each side of a building of zero feet or five (5) feet or more.

b.

There shall be an aggregate side yard width of ten (10) feet.

c.

If there is to be a side yard setback of zero feet, all side yards for lots within the residential block where the zero side yards occur shall be clearly identified on the recorded subdivision plat.

3.

Rear Yard. There shall be a rear yard of:

a.

Fifteen (15) feet where the rear yard abuts the following districts: Single-family Residential R1-5, Medium Density Residential R-3, Townhouse Residential R-4, Resort/Townhouse Residential R-4R, Multiple-family Residential R-5, Service Residential S-R, Regional Shopping Center C-S, Neighborhood Commercial C-1, Central Business C-2, Highway Commercial C-3, General Commercial C-4, Support Services SS, Commercial Office C-O, Planned Convenience Center PCoC, Planned Neighborhood Center PNC, Planned Community Center PCC, Planned Regional Center PRC, Downtown D, Light Employment I-G, Industrial Park I-1, Conservation Open Space COS, Open Space OS, Environmentally Sensitive Lands ESL; or

b.

Twenty-five (25) feet where the rear year abuts other single-family residential districts, as shown on Table 4.100.A., or the single-family residential portion of a Planned Community P-C or any portion of a Planned Residential Development PRD with an underlying zoning district comparable to the single-family residential districts shown on Table 4.100.A.

4.

Other requirements and exceptions as specified in Article VII.

F.

Garage setbacks.

1.

The garage or carport shall be set back from the back of street improvements according to the following table:

In no case shall the garage or carport face be closer to the property line than ten (10) feet.

2.

The sides and rear walls of a garage or carport shall conform to the standard main building yard requirements.

G.

Distance between buildings.

1.

There shall not be less than eight (8) feet between an accessory building or structure and main building.

2.

The minimum distance between main buildings on adjacent lots shall not be less than ten (10) feet.

H.

Buildings, walls, fences and landscaping.

1.

Walls, fences and hedges up to eight (8) feet in height are allowed on the property line or within the required side or rear yard. Walls, fences and hedges up to three (3) feet in height are allowed on the front property line or within the required front yard except as provided in Article VII, subsection E.1.b. above and subsection 2. below. The height of the wall or fence is measured from within the enclosure.

2.

In the front yard walls and fences a maximum of six (6) feet in height are allowed provided:

a.

The yard enclosed by such wall or fence shall not include more than thirty-three (33) percent of the area between the front property line and the front setback line.

b.

The wall or fence shall be set back three (3) feet from the front property line.

c.

The provisions of Section 7.104 shall apply on corner lots.

3.

In the required front yard patio covers are allowed when in conjunction with the enclosure of the front yard (as provided in Section 5.554.H.2) subject to the following requirements:

a.

The area encompassed by the patio cover shall not include more than twenty (20) percent of the area between the front property line and the front setback line.

b.

The patio cover shall be set back a minimum of ten (10) feet from the front property line.

c.

The patio cover shall be structurally integrated with similar or compatible building materials to the roof system of the main building.

d.

The patio cover shall be constructed so that a minimum of fifty (50) percent of the roof structure is open and unobstructed to the sky.

I.

Access. All lots shall have vehicular access on a dedicated street, unless a secondary means of permanent vehicular access has been approved on a subdivision plat.

(Ord. No. 2293, § 1, 5-15-90; Ord. No. 2509, § 1, 6-1-93; Ord. No. 4005, § 1(Res. No. 8947, Exh. A, §§ 39—41), 4-3-12; Ord. No. 4652, § 1(Res. No. 13255, § 1(Exh. A, § 3)), 11-25-24)

The provisions of article IX shall apply.

(Ord. No. 2293, § 1, 5-15-90)

The provisions of article VIII shall apply.

(Ord. No. 2293, § 1, 5-15-90)

(Ord. No. 4164, § 1(Res. No. 9857, § 1, Exh. A, § 14), 8-25-14)

This district is intended to permit two-family dwellings; use incidental or accessory to dwellings; recreational, religious, educational facilities are included.

Editor's note— Ord. No. 4164, § 1(Res. No. 9857, § 1, Exh. A, § 15), adopted Aug. 25, 2014, repealed § 5.602 which pertained to approvals required and derived from Ord. No. 3225, § 1, adopted May 4, 1999.

A.

Permitted uses. Buildings, structures or premises shall be used and buildings and structures shall hereafter be erected, altered, or enlarged only for the following uses:

1.

Any use shown as permitted in Table 5.102., subject to the use limitations as listed.

2.

Dwellings, two-family.

B.

Uses permitted by conditional use permit.

1.

Any use shown as permitted by conditional use permit in Table 5.102., subject to the use limitations as listed, and any additional conditional use permit criteria.

(Ord. No. 3048, § 2, 10-7-97; Ord. No. 3034, § 1, 11-4-97; Ord. No. 3103, § 1, 1-6-98; Ord. No. 3493, § 1, 3-4-03; Ord. No. 4365, § 1(Res. No. 11261, § 1(Exh. A, § 5)), 11-13-18)

The following property development standards shall apply to all land and buildings in the R-2 district:

A.

Lot area.

1.

Each lot used for single-family or two-family residential purposes shall have a minimum lot area of eight thousand (8,000) square feet.

2.

If a parcel of land or a lot of record in separate ownership has less width or area than herein required and has been lawfully established and recorded prior to the date of the passage of this ordinance, such lots may be used for any purpose permitted in this section.

B.

Lot dimension. Each lot used for single-family or two-family residential purposes shall have a width of not less than seventy (70) feet.

C.

Density. There shall not be more than one (1) single-family dwelling unit or one (1) two-family dwelling unit on any one (1) lot.

D.

Building height. No building shall exceed thirty (30) feet in height, except as otherwise provided in article VII.

E.

Yards.

1.

Front Yard.

a.

There shall be a front yard having a depth of not less than twenty (20) feet.

b.

Where lots have a double frontage, the required front yard shall be provided on both streets.

c.

On a corner lot, there shall be one (1) yard that conforms to the front yard requirements and one (1) yard that has a depth of not less than ten (10) feet; provided, however, the buildable width of a lot of record at the time of passage of this ordinance need not be reduced to less than thirty (30) feet. An attached private garage or carport that has direct access from a street along the longer street frontage of a corner lot shall not be located closer than twenty (20) feet to the back of ultimate street improvements.

d.

No accessory building or structure shall project into yards required to conform with the front yard requirements.

2.

Side Yard. There shall be side yards on each side of a building having an aggregate width of not less than fourteen (14) feet; provided, however, the minimum side yard shall not be less than five (5) feet in width.

3.

Rear Yard. There shall be a rear yard having a depth of not less than thirty (30) feet.

4.

Other requirements and exceptions as specified in article VII.

F.

Distance between buildings.

1.

There shall not be less than ten (10) feet between a main building and an accessory building or structure.

2.

The minimum distance between main buildings on adjacent lots shall be fourteen (14) feet.

G.

Buildings, walls, fences and landscaping. Walls, fences and hedges not to exceed six (6) feet in height shall be permitted on the property line or within the required side or rear yard. Walls, fences and hedges shall not exceed three (3) feet in height on the required front property line or within the required front yard except as provided in article VII.

H.

Access. All lots shall have vehicular access on a dedicated street, unless a secondary means of permanent vehicular access has been approved on a subdivision plat.

(Ord. No. 2509, § 1, 6-1-93; Ord. No. 4652, § 1(Res. No. 13255, § 1(Exh. A, § 3)), 11-25-24)

The provisions of article IX shall apply.

The provisions of article VIII shall apply.

(Ord. No. 4005, § 1(Res. No. 8947, Exh. A, § 42), 4-3-12)

This district is intended to fulfill the need for medium density residential development. The property development standards are designed to allow maximum flexibility while maintaining an environment compatible with single-family neighborhoods. This district will generally serve as an integral part of the neighborhood, allowing for a variety of housing types.

Editor's note— Ord. No. 4164, § 1(Res. No. 9857, § 1, Exh. A, § 16), adopted Aug. 25, 2014, repealed § 5.702 which pertained to approvals required and derived from Ord. No. 3225, § 1, adopted May 4, 1999.

A.

Permitted uses. Buildings, structures or premises shall be used and buildings and structures shall hereafter be erected, altered or enlarged only for the following uses:

1.

Any use shown as permitted in Table 5.703., subject to the use limitations as listed.

B.

Uses permitted by conditional use permit.

1.

Any use shown as permitted by conditional use permit in Table 5.703., subject to the use limitations as listed, and any additional conditional use permit criteria.

Table 5.703. Use Table

Use Limitations:

(1)

The landing and taking-off of aircraft is not a valid accessory use in residential districts and is prohibited.

(2)

Conditional use permit is not required for public or charter educational services.

(3)

Educational service, charter school: minimum lot size is forty-three thousand (43,000) square feet.

(4)

For uses incidental to construction work and/or home sales, to be removed upon completion or abandonment of construction work and/or home sales.

(5)

Place of worship subject to compliance with the following standards, as well as those otherwise required in the underlying District:

a.

Lot area: The minimum lot area shall be equal to that required for the district, except that no lot shall be less than twenty thousand (20,000) square feet (net).

b.

Floor area ratio: In no case shall the gross floor area of the structure(s) exceed an amount equal to 0.20 multiplied by the net lot area.

c.

Building height: Development Review Board may allow building heights, including towers, spires, and mechanical equipment (such equipment must be screened) limited to thirty (30) feet in height, and may allow a maximum of ten (10) percent of the roof area to exceed the height limit by fifteen (15) feet. Height and location are subject to the Development Review Board review and approval for compatibility with the established neighborhood character. Maximum permissible heights may not be achievable in all neighborhoods. (This provision supersedes Section 7.100. through 7.102., exceptions to height restrictions, which shall not apply to churches within the underlying District.)

d.

Required open space:

i.

Minimum: 0.24 multiplied by the net lot area.

ii.

For building heights over twenty (20) feet: the minimum open space requirement plus 0.004 multiplied by the net lot area for each foot of building height over twenty (20) feet.

iii.

NAOS may be included in the required open space.

e.

Parking:

i.

Parking shall observe the minimum front yard setbacks of the underlying District for all frontages. On streets classified in the Transportation Master Plan as major arterial or greater, parking may be located between the established front building line and the front yard setback. On all other street classifications, parking shall be located behind the established front building lines.

ii.

A minimum of fifteen (15) percent of all parking areas shall be landscaped.

iii.

A ten-foot minimum landscaped setback shall be provided where parking is adjacent to residential districts shown on Table 4.100.A., or the residential portion of a Planned Community (P-C), or any portion of a Planned Residential Development (PRD) with an underlying zoning district comparable to the residential districts shown on Table 4.100.A.

f.

Lighting:

i.

All pole-mounted lighting shall be directed down and shielded and shall be a maximum of sixteen (16) feet in height.

ii.

All lighting adjacent to residential districts shown on Table 4.100.A., or the residential portion of a Planned Community (P-C), or any portion of a Planned Residential Development (PRD) with an underlying zoning district comparable to the residential districts shown on Table 4.100.A., shall be set back a minimum of thirty (30) feet from the property line. All lighting, other than security, shall be shut off by 10:00 p.m.

iii.

All lighting, other than security, shall be turned off by 10:00 p.m., unless otherwise approved through a special event permit.

g.

Screening:

i.

There shall be a minimum six-foot high masonry wall and/or landscape screen, as approved by the Development Review Board, on the side and rear property lines that are adjacent to residential districts shown on Table 4.100.A., or the residential portion of a Planned Community (P-C), or any portion of a Planned Residential Development (PRD) with an underlying zoning district comparable to the residential districts shown on Table 4.100.A.

ii.

There shall be a three-foot high landscaped berm along all street frontages where parking occurs.

h.

Access:

i.

All places of worship must have primary access to a street classified in the Transportation Master Plan as a minor collector or greater.

ii.

Access to a local or local collector residential street is prohibited when the primary worship center, auditorium, or other major gathering place exceeds three thousand (3,000) square feet.

i.

Operations: No outdoor activities shall be permitted after 10:00 p.m.

j.

Noise: Outdoor speakers or paging systems are not allowed.

(6)

Subject to the requirements of Sections 1.904., 3.100., and 7.200.

(7)

Subject to the requirements of Sections 1.400., 3.100., and 7.200.

(8)

Accessory buildings and structures subject to the property development standards of the R-3 zoning district.

(9)

Accessory Dwelling Unit subject to the requirements of Section 7.900.

(10)

Swimming pools subject to the requirements of Section 7.200.G.4.

(11)

Residential Recreation Area subject to the requirements of Section 7.200.G.1.

(Ord. No. 2430, § 1, 1-21-92; Ord. No. 2470, § 1, 6-16-92; Ord. No. 2510, § 1, 11-17-92; Ord. No. 2858, § 1, 12-5-95; Ord. No. 3048, § 2, 10-7-97; Ord. No. 3103, § 1, 1-6-98; Ord. No. 3493, § 1, 3-4-03; Ord. No. 3697, § 1(Exh. 1), 9-26-06; Ord. No. 3811, § 1, 11-17-08; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 79), 5-6-14; Ord. No. 4288, § 1(Res. No. 10650, § 1, Exh. A), 11-14-16; Ord. No. 4326, § 1(Res. No. 10963, § 1(Exh. A)), 12-5-17; Ord. No. 4365, § 1(Res. No. 11261, § 1(Exh. A, § 5)), 11-13-18; Ord. No. 4652, § 1(Res. No. 13255, § 1(Exh. A, § 3)), 11-25-24)

The following property development standards shall apply to all land and buildings in the R-3 District:

A.

Required open space.

1.

Minimum open space: 0.36 multiplied by the net lot area distributed as follows.

a.

Frontage open space minimum: 0.12 multiplied by the net lot area, except as follows:

i.

Minimum: Twenty (20) square feet per one (1) linear foot of public street frontage.

ii.

Not required to exceed fifty (50) square feet per one (1) linear foot of public street frontage.

b.

The remainder of the minimum open space, less the frontage open space, shall be common open space.

2.

Private outdoor living space.

a.

First story dwelling units, minimum: 0.10 multiplied by the gross floor area of the unit.

b.

Dwelling units above the first story, minimum: 0.05 multiplied by the gross floor area of the unit.

c.

The private outdoor living space shall be located beside the dwelling unit which it serves and shall be for the exclusive use of the unit occupant(s), but is not part of the unit's gross floor area.

3.

Parking areas and parking lot landscaping are not included in the required open space.

B.

Building height.

1.

No building shall exceed thirty (30) feet in height except as otherwise provided in article VII.

2.

If the R-3 development abuts a single-family residential district or an alley abutting a single-family residential district, the building height may be limited to one (1) story as determined by Development Review Board approval.

C.

Density.

1.

The minimum gross land area per dwelling unit shall be three thousand three hundred seventy (3,370) square feet.

2.

Specialized residential health care facility: the number of beds shall not exceed forty-three (43) beds per gross acre of land.

3.

Minimal residential health care facility: the number of dwelling units shall not exceed twenty-two (22) dwelling units per gross acre of land.

D.

Building setback.

1.

Wherever an R-3 development abuts an R-1, R-4, R-4R or M-H district or an alley abutting any of those districts, a yard of not less than fifteen (15) feet shall be maintained, except that accessory buildings for purpose of storage or carports may be constructed to within fifteen (15) feet of the adjacent district boundary line.

2.

Whenever an R-3 development abuts any district other than R-1, R-2, R-4, R-4R or M-H or abuts an alley adjacent to such other district, a building may be constructed on the property line. However, if any yard is to be maintained, it shall be not less than ten (10) feet in depth. Larger yards may be required by the Development Review [Board] or City Council if the existing or future development of the area around the site warrants such larger yards.

E.

Distance between buildings. There shall be not less than ten (10) feet between an accessory building or structure and the main building or between two (2) main buildings, except that an accessory building or structure with two (2) or more open sides, one (1) of which is adjacent to the main building, may be built to within six (6) feet of the main building.

F.

Walls, fences and required screening.

1.

Walls, fences and hedges not to exceed eight (8) feet in height shall be permitted on the property line or within the required yard areas, except within the required frontage open space, within which they may not exceed three (3) feet in height, or except as otherwise provided in article VII.

2.

All parking areas shall be screened from view from all public streets.

3.

All mechanical structures and appurtenances shall be screened as approved by the Development Review Board.

4.

All storage and refuse areas shall be screened as determined by the Development Review Board.

G.

Access. All lots shall have frontage on and have vehicular access from a dedicated street, unless a secondary means of permanent vehicle access has been approved by the Development Review Board.

(Ord. No. 1922, § 1, 11-4-86; Ord. No. 2509, § 1, 6-1-93; Ord. No. 2818, § 1, 10-17-95; Ord. No. 3811, § 1, 11-17-08; Ord. No. 4005, § 1(Res. No. 8947, Exh. A, §§ 43, 44), 4-3-12; Ord. No. 4652, § 1(Res. No. 13255, § 1(Exh. A, § 3)), 11-25-24)

The provisions of article IX shall apply.

The provisions of article VIII shall apply.

Unless otherwise provided, the provisions of Article X. apply.

(Ord. No. 4005, § 1(Res. No. 8947, Exh. A, § 45), 4-3-12)

(Ord. No. 4005, § 1(Res. No. 8947, Exh. A, § 46), 4-3-12)

This district is intended to provide for relatively low density development having individual ownership and built-in privacy either in the form of party wall construction or enclosed yards and courts.

(Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 80), 5-6-14)

A.

Development Plan at time of rezoning.

1.

The Planning Commission or City Council may require any application for rezoning to the R-4 District to be accompanied by Development Plan which shall show the following:

a.

Topography.

b.

Proposed street system.

c.

Proposed block layouts.

d.

Proposed reservation for parks, parkways, playgrounds, recreation areas and other open spaces.

e.

Off-street parking space.

f.

Types of dwelling and portions of the area proposed therefor.

g.

Locations of dwellings, garages and/or parking spaces.

h.

A tabulation of the total number of acres in the proposed project and a percentage thereof designated for the proposed dwelling types.

i.

A tabulation of overall density per gross acres.

j.

Preliminary plans and elevations of the several dwelling types.

(Ord. No. 3225, § 1, 5-4-99; Ord. No. 4164, § 1(Res. No. 9857, § 1, Exh. A, § 17), 8-25-14)

A.

Permitted uses. Building, structures or premises shall be used and buildings and structures shall hereafter be erected, altered or enlarged only for the following uses:

1.

Any use shown as permitted in Table 5.803., subject to the use limitations as listed.

B.

Uses permitted by conditional use permit.

1.

Any use shown as permitted by conditional use permit in Table 5.803., subject to the use limitations as listed, and any additional conditional use permit criteria.

Table 5.803. Use Table

Use Limitations:

(1)

The landing and taking-off of aircraft is not a valid accessory use in residential districts and is prohibited.

(2)

Conditional use permit is not required for public or charter educational services.

(3)

Educational service, charter school: minimum lot size is forty-three thousand (43,000) square feet.

(4)

For uses incidental to construction work and/or home sales, to be removed upon completion or abandonment of construction work and/or home sales.

(5)

Subject to the requirements of Sections 1.904., 3.100., and 7.200.

(6)

Subject to the requirements of Sections 1.400., 3.100., and 7.200.

(7)

Accessory buildings and structures subject to the property development standards of the R-4 zoning district.

(8)

Accessory Dwelling Unit subject to the requirements of Section 7.900.

(9)

Swimming pools subject to the requirements of Section 7.200.G.4.

(10)

Residential Recreation Area subject to the requirements of Section 7.200.G.1.

(Ord. No. 2394, § 1, 9-16-91; Ord. No. 2430, § 1, 1-21-92; Ord. No. 2858, § 1, 12-5-95; Ord. No. 3048, § 2, 10-7-97; Ord. No. 3103, § 1, 1-6-98; Ord. No. 3493, § 1, 3-4-03; Ord. No. 3697, § 1(Exh. 1), 9-26-06; Ord. No. 3811, § 1, 11-17-08; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 81), 5-6-14; Ord. No. 4288, § 1(Res. No. 10650, § 1, Exh. A), 11-14-16; Ord. No. 4326, § 1(Res. No. 10963, § 1(Exh. A)), 12-5-17; Ord. No. 4365, § 1(Res. No. 11261, § 1(Exh. A, § 5)), 11-13-18; Ord. No. 4652, § 1(Res. No. 13255, § 1(Exh. A, § 3)), 11-25-24)

The following property standards shall apply to all land and buildings in the R-4 district:

A.

Minimum property size.

1.

Any property for which R-4 zoning is requested shall contain a minimum of eight thousand (8,000) square feet.

B.

Required common open space.

1.

Minimum: 0.10 multiplied by the total gross land area of the development, including landscape areas and recreation areas.

2.

Accessory buildings for recreation may occupy up to 0.15 multiplied by the minimum required common open space.

3.

This common open space is not required for developments with densities of less than five (5) units per acre.

4.

The City Council may waive this common open space requirement based on the development's relationship with an existing public park or recreation area.

C.

Building height.

1.

The building height shall be as determined by Development Review Board except that no building shall exceed thirty (30) feet in height and except as otherwise provided in article VII.

2.

If the R-4 development abuts a single-family residential district or an alley abutting a single-family residential district, the City Council may limit the building height to one (1) story as determined by Development Review Board.

D.

Density.

1.

The overall density shall not exceed one (1) dwelling unit per five thousand two hundred forty (5,240) square feet of gross land area.

2.

Specialized residential health care facility: the number of beds shall not exceed twenty-eight (28) beds per gross acre of land.

3.

Minimal residential health care facility: the number of units shall not exceed fourteen (14) dwelling units per gross acre of land.

E.

Building setback.

1.

Wherever an R-4 development abuts an R-1, R-4R or M-H district or an alley abutting any of those districts, the following shall apply:

a.

A yard of not less than fifteen (15) feet shall be maintained for the single story structures.

b.

An additional depth of ten (10) feet shall be provided for each additional story.

2.

Within an R-4 development or wherever an R-4 development abuts any district other than R-1, R-4R or M-H, or abuts an alley adjacent to such other district, a building may be constructed on the property line. However, if any yard is to be maintained, it shall be not less than ten (10) feet in depth. Larger yards may be required by the Development Review [Board] or City Council if the existing or future development of the area around the site warrants such larger yards.

3.

No building or part thereof shall be erected or altered in this district that is nearer a dedicated street than fifteen (15) feet except that the average setback from any dedicated street shall be twenty (20) feet.

Exception:

a.

Where a lot is located at the intersection of two (2) or more streets the setback on one (1) street shall be not less than ten (10) feet.

4.

No more than thirty (30) percent of the frontage dwelling units shall have living space above one (1) story in height that is located within fifty (50) feet of any dedicated street.

F.

Distance between buildings.

1.

There shall not be less than ten (10) feet between an accessory building or structure and a main building or between two (2) main buildings, except that an accessory building or structure with two (2) or more open sides, one (1) of which is adjacent to the main building, may be built to within six (6) feet of the main building.

G.

Walls, fences and required screening.

1.

Walls, fences and hedges up to eight (8) feet in height are allowed on the property line or within the required yard areas, except within the required frontage open space, within which they may not exceed three (3) feet in height, or except as otherwise provided in Article VII.

2.

All parking areas shall be screened to a height of three (3) feet above the parking surface.

3.

Storage and refuse areas shall be screened as determined by Development Review Board.

H.

Access. Access shall be as determined by Development Review Board.

(Ord. No. 1922, § 1, 11-4-86; Ord. No. 2509, § 1, 6-1-93; Ord. No. 2818, § 1, 10-17-95; Ord. No. 3225, § 1, 5-4-99; Ord. No. 3811, § 1, 11-17-08; Ord. No. 4005, § 1(Res. No. 8947, Exh. A, §§ 47, 48), 4-3-12; Ord. No. 4652, § 1(Res. No. 13255, § 1(Exh. A, § 3)), 11-25-24)

The provisions of article IX shall apply.

The provisions of article VIII shall apply.

Unless otherwise provided, the provisions of Article X. apply.

(Ord. No. 4005, § 1(Res. No. 8947, Exh. A, § 49), 4-3-12)

(Ord. No. 4005, § 1(Res. No. 8947, Exh. A, § 50), 4-3-12)

This district is intended primarily for self-contained accommodations which include recreational amenities and services customarily furnished at hotels, including the service of meals. Additionally, the district provides for residential development having either party walls or walled courtyards.

(Ord. No. 3069, § 1, 9-16-97)

A.

Development Plan at time of rezoning.

1.

The Planning Commission or City Council may require any application for rezoning to the R-4R District to be accompanied by a Development Plan which shall show the following:

a.

Topography.

b.

Proposed street system.

c.

Proposed block layouts.

d.

Proposed reservation for parks, parkways, playgrounds, recreation areas and other open spaces.

e.

Off-street parking space.

f.

Types of buildings and portions of the area proposed therefor.

g.

Locations of buildings, garages and/or parking spaces.

h.

A tabulation of the total number of acres in the proposed project and a percentage thereof designated for the proposed building types.

i.

A tabulation of overall density per gross acres.

j.

Preliminary plans and elevations of proposed major buildings and any proposed dwelling types.

(Ord. No. 3225, § 1, 5-4-99; Ord. No. 4164, § 1(Res. No. 9857, § 1, Exh. A, § 18), 8-25-14)

A.

Permitted uses. Buildings, structures or premises shall be used and buildings and structures shall hereafter be erected, altered or enlarged only for the following uses:

1.

Any use shown as permitted in Table 5.903., subject to the use limitations as listed.

B.

Uses permitted by conditional use permit.

1.

Any use shown as permitted by conditional use permit in Table 5.903., subject to the use limitations as listed, and any additional conditional use permit criteria.

Table 5.903. Use Table

Use Limitations:

(1)

The landing and taking-off of aircraft is not a valid accessory use in residential districts and is prohibited.

(2)

Conditional use permit is not required for public or charter educational services.

(3)

Educational service, charter school: minimum lot size is forty-three thousand (43,000) square feet.

(4)

For uses incidental to construction work and/or home sales, to be removed upon completion or abandonment of construction work and/or home sales.

(5)

Subject to the requirements of Sections 1.904., 3.100., and 7.200.

(6)

Subject to the requirements of Sections 1.400., 3.100., and 7.200.

(7)

Accessory buildings and structures subject to the requirements of Section 7.200.A.

(8)

Accessory Dwelling Unit subject to the requirements of Section 7.900.

(9)

Swimming pools subject to the requirements of Section 7.200.G.4.

(10)

Residential Recreation Area subject to the requirements of Section 7.200.G.1.

(Ord. No. 2323, § 1, 12-4-90; Ord. No. 2394, § 1, 9-16-91; Ord. No. 2430, § 1, 1-21-92; Ord. No. 2571, § 1, 6-15-93; Ord. No. 2858, § 1, 12-5-95; Ord. No. 3048, § 2, 10-7-97; Ord. No. 3103, § 1, 1-6-98; Ord. No. 3225, § 1, 5-4-99; Ord. No. 3493, § 1, 3-4-03; Ord. No. 3697, § 1(Exh. 1), 9-26-06; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 82), 5-6-14; Ord. No. 4288, § 1(Res. No. 10650, § 1, Exh. A), 11-14-16; Ord. No. 4326, § 1(Res. No. 10963, § 1(Exh. A)), 12-5-17; Ord. No. 4365, § 1(Res. No. 11261, § 1(Exh. A, § 5)), 11-13-18; Ord. No. 4652, § 1(Res. No. 13255, § 1(Exh. A, § 3)), 11-25-24)

The following property development standards shall apply to all land and buildings in the R-4R District:

A.

Lot area. The overall site shall contain a minimum of seven and one-half (7½) acres prior to street dedications.

B.

Lot dimensions.

1.

Width. The overall site shall have a minimum width of three hundred (300) feet.

C.

Density.

1.

The minimum gross land area per guest room shall be four thousand one hundred (4,100) square feet.

2.

The minimum gross land area per dwelling unit having either party walls or walled courtyards made available for rent, lease or sale shall be five thousand seven hundred seventy (5,770) square feet.

3.

Buildings may cover an aggregate area of twenty-five (25) percent excluding parking areas.

4.

The City Council may regulate concentrations of density by site plan approval.

D.

Building height.

1.

No building shall exceed thirty-five (35) feet in height.

E.

Overall side yard requirements.

1.

There shall be a yard a minimum of thirty (30) feet in depth adjacent to all perimeter property lines, including property lines abutting perimeter streets, except that the minimum yard shall be only twenty (20) feet adjacent to those perimeter property lines that abut districts other than a single-family residential district shown on Table 4.100.A., or the single-family residential portion of a Planned Community P-C or any portion of a Planned Residential Development PRD with an underlying zoning district comparable to the single-family residential districts shown on Table 4.100.A.

2.

Within one hundred (100) feet of any perimeter street or any single-family residential district shown on Table 4.100.A., or the single-family residential portion of a Planned Community P-C or any portion of a Planned Residential Development PRD with an underlying zoning district comparable to the single-family residential districts shown on Table 4.100.A., all buildings shall be:

a.

Used only for guest rooms that are detached from central hotel facilities or for dwelling units.

b.

A maximum of one (1) story in height.

3.

There shall be a yard a minimum of one hundred (100) feet in depth adjacent to all perimeter streets, maintained as open space except for vehicular access ways, unless buildings as allowed in 2. above are constructed.

4.

Within fifty (50) feet of any district boundary line other than a single-family residential district shown on Table 4.100.A., or the single-family residential portion of a Planned Community P-C or any portion of a Planned Residential Development PRD with an underlying zoning district comparable to the single-family residential districts shown on Table 4.100.A., or any property line abutting additional Resort/Townhouse Residential R-4R zoning, all buildings shall be:

a.

Used only for guest rooms that are detached from central hotel facilities or for dwelling units.

b.

A maximum of one (1) story in height.

F.

Walls, fences and landscaping. Walls, fences and hedges up to eight (8) feet in height and walled driveway entrances up to six (6) feet in height are permitted, except that walls, fences and hedges up to three (3) feet in height in the required one hundred-foot yard along street frontages and in the ten (10) feet adjacent to the street where a thirty-foot setback is allowed along street frontages. Those yards must be maintained as landscape areas and may be penetrated by pedestrian and vehicular access ways only. Walled driveway entrances up to six (6) feet in height are permitted within the setback requirements if such entrance is compatible with the surrounding development.

G.

Other requirements and exceptions as specified in article VII.

(Ord. No. 1922, § 1, 11-4-86; Ord. No. 2509, § 1, 6-1-93; Ord. No. 2818, § 1, 10-17-95; Ord. No. 4005, § 1(Res. No. 8947, Exh. A, §§ 51—53), 4-3-12)

The provisions of article IX shall apply.

The provisions of article VIII shall apply.

Unless otherwise provided, the provisions of Article X. apply.

(Ord. No. 4005, § 1(Res. No. 8947, Exh. A, § 54), 4-3-12)

(Ord. No. 4005, § 1(Res. No. 8947, Exh. A, § 55), 4-3-12)

This district is intended to provide for development of multiple-family residential and allows a high density of population with a proportional increase in amenities as the density rises. The district is basically residential in character and promotes a high quality environment through aesthetically oriented property development standards.

Editor's note— Ord. No. 4164, § 1(Res. No. 9857, § 1, Exh. A, § 19), adopted Aug. 25, 2014, repealed § 5.1002 which pertained to approvals required and derived from Ord. No. 3225, § 1, adopted May 4, 1999.

A.

Permitted uses. Buildings, structures or premises shall be used and buildings and structures shall hereafter be erected, altered or enlarged only for the following uses:

1.

Any use shown as permitted in Table 5.1003., subject to the use limitations as listed.

B.

Uses permitted by conditional use permit.

1.

Any use shown as permitted by conditional use permit in Table 5.1003., subject to the use limitations as listed, and any additional conditional use permit criteria.

Table 5.1003. Use Table

Use Limitations:

(1)

The landing and taking-off of aircraft is not a valid accessory use in residential districts and is prohibited.

(2)

Conditional use permit is not required for public or charter educational services.

(3)

For uses incidental to construction work and/or home sales, to be removed upon completion or abandonment of construction work and/or home sales.

(4)

Subject to the requirements of Sections 1.904., 3.100., and 7.200.

(5)

Subject to the requirements of Sections 1.400., 3.100., and 7.200.

(6)

Accessory buildings and structures subject to the property development standards of the R-5 zoning district.

(7)

Accessory Dwelling Unit subject to the requirements of Section 7.900.

(8)

Swimming pools subject to the requirements of Section 7.200.G.4.

(9)

Residential Recreation Area subject to the requirements of Section 7.200.G.1.

(Ord. No. 2266, § 1, 11-21-89; Ord. No. 2394, § 1, 9-16-91; Ord. No. 2430, § 1, 1-21-92; Ord. No. 2858, § 1, 12-5-95; Ord. No. 3048, § 2, 10-7-97; Ord. No. 3034, § 1, 11-4-97; Ord. No. 3103, § 1, 1-6-98; Ord. No. 3225, § 1, 5-4-99; Ord. No. 3493, § 1, 3-4-03; Ord. No. 3697, § 1(Exh. 1), 9-26-06; Ord. No. 3899, § 1(Res. No. 8342, Exh. A. §§ 5, 6), 8-30-10; Ord. No. 3920, § 1(Exh. § 27), 11-9-10; Ord. No. 4005, § 1(Res. No. 8947, Exh. A, § 56), 4-3-12; Ord. No. 4140, § 1(Res. No. 9643, Exh. A, § 3), 2-25-14; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 83), 5-6-14; Ord. No. 4288, § 1(Res. No. 10650, § 1, Exh. A), 11-14-16; Ord. No. 4326, § 1(Res. No. 10963, § 1(Exh. A)), 12-5-17; Ord. No. 4365, § 1(Res. No. 11261, § 1(Exh. A, § 5)), 11-13-18; Ord. No. 4652, § 1(Res. No. 13255, § 1(Exh. A, § 3)), 11-25-24)

The following property development standards shall apply to all land and buildings in the R-5 District.

A.

Minimum property size.

1.

Each parcel or lot within a development shall be a minimum net lot size of thirty-five thousand (35,000) square feet.

2.

If an R-5 zoned parcel of land or a lot of record in separate ownership has an area of less than thirty-five thousand (35,000) square feet and has been lawfully established and re-corded prior to the adoption of this requirement on October 2, 1979, such lot may be used for any purpose permitted in this section, subject to all other requirements of this ordinance.

B.

Required open space.

1.

Density based uses.

a.

Minimum open space per Section 5.1004.D., distributed as follows:

i.

Frontage open space minimum: 0.50 multiplied by the minimum open space per Section 5.1004.D., except as follows:

(1)

Minimum: Twenty (20) square feet per one (1) linear foot of public street frontage.

(2)

Not required to exceed more than fifty (50) square feet per one (1) linear foot of public street frontage.

ii.

The remainder of the density based uses minimum open space per Section 5.1004.D., less the frontage open space, shall be common open space.

b.

Private outdoor living space.

i.

First story dwelling units, minimum: 0.10 multiplied by the gross floor area of the unit.

ii.

Dwelling units above the first story, minimum: 0.05 multiplied by the gross floor area of the unit.

iii.

The private outdoor living space shall be located beside the dwelling unit which it serves and shall be for the exclusive use of the unit occupant(s), but is not part of the unit's gross floor area.

2.

Non-density based uses.

a.

Minimum open space: 0.24 multiplied by the net lot area distributed as follows.

i.

Frontage open space minimum: 0.50 multiplied by the minimum open space.

ii.

The remainder of the non-density based uses minimum open space, less the frontage open space, shall be provided as common open space.

3.

Parking areas and parking lot landscaping are not included in the required open space.

C.

Building height.

1.

No building shall exceed thirty-six (36) feet in height except as otherwise provided in article VII.

2.

Building height shall not exceed one (1) story within fifty (50) feet of any R-1, R-2, R-3, R-4, R-4R or M-H district boundary line.

D.

Density requirements. Compliance with the standards under columns 3 and 4 determine allowable density for dwelling and guest units.

E.

Building setback.

1.

Wherever an R-5 development abuts an R-1, R-2, R-3, R-4, R-4R or M-H district or an alley abutting any of those districts, a yard of not less than fifteen (15) feet shall be maintained.

2.

Wherever an R-5 development abuts any district other than R-1, R-2, R-3, R-4, R-4R or M-H, or abuts an alley adjacent to such other district, a building may be constructed on the property line. However, if any yard is to be maintained, it shall be not less than ten (10) feet in depth. Larger yards may be required by the Development Review Board or City Council if the existing or future development of the area around the site warrants such larger yards.

F.

Distance between buildings.

1.

There shall not be less than ten (10) feet between an accessory building or structure and a main building or between two (2) main buildings, except that an accessory building or structure with two (2) or more open sides, one (1) of which is adjacent to the main building, may be built to within six (6) feet of the main building.

G.

Walls, fences and required screening.

1.

Walls, fences and hedges not to exceed eight (8) feet in height shall be permitted on the property line or within the required yard areas, except within the required frontage open spaces, within which they may not exceed three (3) feet in height, or except as otherwise provided in article VII.

2.

All parking areas adjacent to a public street shall be screened with a wall to a height of three (3) feet above the parking surface.

3.

All mechanical structures and appurtenances shall be screened as approved by the Development Review Board.

4.

All storage and refuse areas shall be screened as determined by Development Review [Board].

H.

Access. All lots shall have frontage on and have vehicular access from a dedicated street, unless a secondary means of permanent vehicle access has been approved by the Development Review Board.

(Ord. No. 1840, § 1(5.1004), 10-15-85; Ord. No. 1922, § 1, 11-4-86; Ord. No. 2430, 1-21-92; Ord. No. 2509, § 1, 6-1-93; Ord. No. 2818, § 1, 10-17-95; Ord. No. 3225, § 1, 5-4-99; Ord. No. 4005, § 1(Res. No. 8947, Exh. A, §§ 57, 58), 4-3-12; Ord. No. 4652, § 1(Res. No. 13255, § 1(Exh. A, § 3)), 11-25-24)

The provisions of article IX shall apply.

The provisions of article VIII shall apply.

Unless otherwise provided, the provisions of Article X. apply.

(Ord. No. 4005, § 1(Res. No. 8947, Exh. A, § 59), 4-3-12)

(Ord. No. 4005, § 1(Res. No. 8947, Exh. A, § 60), 4-3-12)

This district is transitional, intended primarily to provide offices of a residential scale and character, to serve nearby neighborhoods; and secondarily, to offer medium density residential land uses. Strict property development standards lessen the impact of more intense land uses on adjacent single-family residential districts, while encouraging sensitive design.

(Ord. No. 4176, § 1, 11-18-14)

A.

Permitted uses. Buildings, structures, or premises shall be used and buildings and structures shall hereafter be erected, altered, or enlarged only for the following uses:

1.

Any use shown as permitted in Table 11.201.A., subject to the limitations as listed.

B.

Uses permitted by conditional use permit.

1.

Any use shown as permitted by conditional use permit in Table 11.201.A., subject to the limitations as listed, and any additional conditional use permit criteria.

(Ord. No. 4176, § 1, 11-18-14; Ord. No. 4404, § 1(Res. No. 11515, § 1(Exh. A, § 1)), 6-25-19)

The following property development standards shall apply to all land and buildings in the S-R District.

A.

Density.

1.

Maximum: 12 dwelling units per acre of gross lot area.

B.

Building height (excluding rooftop appurtenances). Maximum: 18 feet.

C.

Required open space.

1.

Density based uses. Minimum open space: 0.36 multiplied by the net lot area.

2.

Non-density based uses. Minimum open space: 0.24 multiplied by the net lot area.

3.

Minimum open space is distributed as follows:

a.

Frontage open space minimum: 0.12 multiplied by the net lot area, except as follows:

i.

Lots with one (1) street frontage. Not required to exceed fifty (50) square feet per one (1) linear foot of public street frontage excluding driveways.

ii.

Lots with two (2) or more street frontages.

(1)

Minimum: Twenty (20) square feet per one (1) linear foot of public street frontage excluding driveways, for one (1) street.

(2)

Minimum: Ten (10) square feet per one (1) linear foot of public street frontage excluding driveways, for all other streets.

b.

The remainder of the minimum open space, less the frontage open space, shall be common open space.

4.

Private outdoor living space.

a.

Ground floor dwelling units, minimum: 0.10 multiplied by the gross floor area of the unit.

b.

Above the ground floor dwelling units, minimum: 0.05 multiplied by the gross floor area of the unit.

c.

The private outdoor living space shall be located beside the dwelling unit which it serves and shall be for the exclusive use of the unit occupant(s), but is not part of the unit's gross floor area.

5.

Parking areas and parking lot landscaping are not included in the required open space.

6.

NAOS may be included in the required open space.

D.

Distance between buildings.

1.

Minimum: 10 feet between all buildings.

2.

However an accessory building or structure with two or more open sides, one which is adjacent to the main building, minimum: 6 feet to the main building.

E.

Walls and fences.

1.

On side and rear property lines, walls and fences are permitted. Maximum height: eight feet.

2.

Within frontage open space: Maximum height: three feet.

F.

Screening.

1.

All operations shall be conducted within a completely enclosed building or within an area contained by a wall or fence as determined by Development Review Board approval.

(Ord. No. 4176, § 1, 11-18-14; Ord. No. 4652, § 1(Res. No. 13255, § 1(Exh. A, § 3)), 11-25-24)

Unless otherwise provided, the provisions of Article VII. shall apply.

(Ord. No. 4176, § 1, 11-18-14)

The provisions of Article VIII shall apply.

(Ord. No. 4176, § 1, 11-18-14)

The provisions of Article IX shall apply.

(Ord. No. 4176, § 1, 11-18-14)

Unless otherwise provided, the provisions of Article X. shall apply.

(Ord. No. 4176, § 1, 11-18-14)

Editor's note— Ord. No. 4044, § 1(Res. No. 9210, § 1(Attach. § 1), adopted October 16, 2012, repealed §§ 5.1200—5.1207. Section 2 of said Attach. enacted provisions designated as new §§ 5.1200—5.1208. Prior to inclusion of said ordinance, said provisions pertained to similar subject matter. See also the Code Comparative Table.

This district is intended to provide for regional shopping and business uses located along major arterials. The Regional Shopping Center (C-S) development is intended to result in a high quality setting for commercial development with large and small buildings grouped together in a related and cohesive environment.

(Ord. No. 4044, § 1(Res. No. 9210, § 1(Attach., § 2), 10-16-12)

Editor's note— Ord. No. 4164, § 1(Res. No. 9857, § 1, Exh. A, § 21), adopted Aug. 25, 2014, repealed § 5.1202 which pertained to development review board approval and derived from Ord. No. 4044, § 1(Res. No. 9210, § 1, Attach., § 1), adopted Oct. 6, 2012.

A.

Permitted uses. Buildings, structures, or premises shall be used and buildings and structures shall hereafter be erected, altered, or enlarged only for the following uses:

1.

Any use shown as permitted in Table 11.201.A., subject to the limitations as listed.

B.

Uses permitted by conditional use permit.

1.

Any use shown as permitted by conditional use permit in Table 11.201.A., subject to the limitations as listed, and any additional conditional use permit criteria.

(Ord. No. 4044, § 1(Res. No. 9210, § 1(Attach., § 2), 10-16-12; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, §§ 85, 86), 5-6-14; Ord. No. 4404, § 1(Res. No. 11515, § 1(Exh. A, § 1)), 6-25-19)

The following property development standards shall apply to all land and buildings in the C-S District.

A.

Property size. Minimum: ten (10) acres gross lot area.

B.

Lot coverage. Maximum: twenty-five (25) percent.

C.

Floor area ratio. Maximum: 0.80.

D.

Building height (excluding rooftop appurtenances). Maximum: thirty-six (36) feet.

E.

Required open space.

1.

Minimum: 0.10 multiplied by the net lot area.

2.

For building heights over twelve (12) feet: the minimum open space requirement plus 0.004 multiplied by the net lot area for each foot of building height over twelve (12) feet.

3.

Parking areas and parking lot landscaping are not included in the required open space.

4.

NAOS may be included in the required open space.

F.

Yards.

1.

Front yard.

a.

Minimum twenty-five (25) feet.

b.

Parking is not allowed in required front yards.

2.

Side and rear yards.

a.

Minimum fifty (50) feet, including any alley width, from a residential district shown on Table 4.100.A., or the residential portion of a Planned Community P-C, or any portion of a Planned Residential Development PRD with an underlying zoning district comparable to the residential districts shown on Table 4.100.A.

G.

Screening.

1.

All operations and storage shall be conducted within a completely enclosed building or within an area contained by a wall or fence as determined by the Development Review Board approval.

(Ord. No. 4044, § 1(Res. No. 9210, § 1(Attach., § 2), 10-16-12)

Unless otherwise provided, the provisions of Article VII. shall apply.

(Ord. No. 4044, § 1(Res. No. 9210, § 1(Attach., § 2), 10-16-12)

The provisions of Article VIII. shall apply.

(Ord. No. 4044, § 1(Res. No. 9210, § 1(Attach., § 2), 10-16-12)

The provisions of Article IX. shall apply.

(Ord. No. 4044, § 1(Res. No. 9210, § 1(Attach., § 2), 10-16-12)

Unless otherwise provided, the provisions of Article X. shall apply.

(Ord. No. 4044, § 1(Res. No. 9210, § 1(Attach., § 2), 10-16-12)

Editor's note— Ord. No. 4082, § 1(Res. No. 9410, Exh. A, § 1), adopted May 14, 2013, repealed §§ 5.1300—5.1307. Section 2 of said exhibit enacted provisions designated as new §§ 5.1300—5.1308. Prior to inclusion of said ordinance, said provisions pertained to similar subject matter. See also the Code Comparative Table.

This district is intended to provide a center for convenience shopping and services for nearby neighborhoods. The district provides for small business retail and service establishments which supply commodities and services to meet the daily needs of the community.

(Ord. No. 4082, § 1(Res. No. 9410, Exh. A, § 2), 5-14-13)

Editor's note— Ord. No. 4164, § 1(Res. No. 9857, § 1, Exh. A, § 22), adopted Aug. 25, 2014, repealed § 5.1302 which pertained to development review board approval and derived from Ord. No. 4082, § 1(Res. No. 9410, § 1, Exh. A, § 2), adopted May 14, 2013.

A.

Permitted uses. Buildings, structures, or premises shall be used and buildings and structures shall hereafter be erected, altered, or enlarged only for the following uses:

1.

Any use shown as permitted in Table 11.201.A., subject to the limitations as listed.

B.

Uses permitted by conditional use permit.

1.

Any use shown as permitted by conditional use permit in Table 11.201.A., subject to the limitations as listed, and any additional conditional use permit criteria.

(Ord. No. 4082, § 1(Res. No. 9410, Exh. A, § 2), 5-14-13; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 87), 5-6-14; Ord. No. 4404, § 1(Res. No. 11515, § 1(Exh. A, § 1)), 6-25-19)

The following property development standards shall apply to all land and buildings in the C-1 District:

A.

Floor area ratio. Maximum: 0.80.

B.

Building height (excluding rooftop appurtenances). Maximum: Thirty-six (36) feet.

C.

Required open space.

1.

Total open space.

a.

Minimum: 0.10 multiplied by the net lot area.

b.

For building heights over twelve (12) feet: the minimum open space requirement plus 0.004 multiplied by the net lot area for each foot of building height over twelve (12) feet.

2.

Total open space is distributed as follows:

a.

Frontage open space minimum: 0.50 multiplied by the total open space requirement.

b.

The remainder of the total open space, less the frontage open space, shall be common open space.

3.

Parking areas and parking lot landscaping are not included in the required open space.

4.

NAOS may be included in the required open space.

D.

Yards.

1.

Front yard.

a

Minimum: the applicable front yard, or corner lot yard, residential district development standard where the C-1 district is on the same side of the street and is located within one hundred (100) feet of a residential lot zoned with a single-family residential district shown on Table 4.100.A., or the single-family residential portion of a Planned Community P-C, or any portion of a Planned Residential Development PRD with an underlying zoning district comparable to the single-family residential district shown on Table 4.100.A.

2.

Side and rear yards.

a.

Minimum: Fifty (50) feet, including any alley width, from a single-family residential district shown on Table 4.100.A., or the single-family residential portion of a Planned Community P-C, or any portion of a Planned Residential Development PRD with an underlying zoning district comparable to the single-family residential districts shown on Table 4.100.A.

b.

Minimum: Twenty-five (25) feet, including any alley width, from a multiple-family residential district.

E.

Screening.

1.

All operations and storage shall be conducted within a completely enclosed building or within an area contained by a wall or fence as determined by Development Review Board approval.

(Ord. No. 4082, § 1(Res. No. 9410, Exh. A, § 2), 5-14-13)

Unless otherwise provided, the provisions of Article VII shall apply.

(Ord. No. 4082, § 1(Res. No. 9410, Exh. A, § 2), 5-14-13)

The provisions of Article VIII shall apply.

(Ord. No. 4082, § 1(Res. No. 9410, Exh. A, § 2), 5-14-13)

The provisions of Article IX shall apply.

(Ord. No. 4082, § 1(Res. No. 9410, Exh. A, § 2), 5-14-13)

Unless otherwise provided, the provisions of Article X shall apply.

(Ord. No. 4082, § 1(Res. No. 9410, Exh. A, § 2), 5-14-13)

Editor's note— Ord. No. 4041, § 1(Res. No. 9208, § 1(Exh. A, § 1), adopted October 16, 2012, repealed §§ 5.1400—5.1407. Section 2 of said Exhibit A enacted provisions designated as new §§ 5.1400—5.1408. Prior to inclusion of said ordinance, said provisions pertained to similar subject matter. See also the Code Comparative Table.

This district is intended to permit uses for recurring shopping and service needs for multiple neighborhoods. This district includes uses usually associated with office and retail shopping developments, typically located near residential neighborhoods.

(Ord. No. 4041, § 1(Res. No. 9208, § 1(Exh. A, § 2), 10-16-12)

Editor's note— Ord. No. 4164, § 1(Res. No. 9857, § 1, Exh. A, § 23), adopted Aug. 25, 2014, repealed § 5.1402 which pertained to development review board approval and derived from Ord. No. 4041, § 1(Res. No. 9208, § 1, Exh. A § 2), adopted Oct. 16, 2012.

A.

Permitted uses. Buildings, structures, or premises shall be used and buildings and structures shall hereafter be erected, altered, or enlarged only for the following uses:

1.

Any use shown as permitted in Table 11.201.A., subject to the limitations as listed.

B.

Uses permitted by conditional use permit.

1.

Any use shown as permitted by conditional use permit in Table 11.201.A., subject to the limitations as listed, and any additional conditional use permit criteria.

(Ord. No. 4041, § 1(Res. No. 9208, § 1(Exh. A, § 2), 10-16-12; Ord. No. 4117, § 1(Res. No. 9563, Exh. A, § 7), 11-19-13; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, §§ 88, 89), 5-6-14; Ord. No. 4404, § 1(Res. No. 11515, § 1(Exh. A, § 1)), 6-25-19)

The following property development standards shall apply to all land and buildings in the C-2 District:

A.

Floor area ratio. Maximum: 0.80.

B.

Building height (excluding rooftop appurtenances). Maximum: 36 feet.

C.

Required open space.

1.

Total open space.

a.

Minimum: 0.10 multiplied by the net lot area.

b.

For building heights over twelve (12) feet: the minimum open space requirement plus 0.004 multiplied by the net lot area for each foot of building height over twelve (12) feet.

2.

Total open space is distributed as follows:

a.

Frontage open space minimum: 0.50 multiplied by the total open space requirement.

b.

The remainder of the total open space, less the frontage open space, shall be common open space.

3.

Parking areas and parking lot landscaping are not included in the required open space.

4.

NAOS may be included in the required open space.

D.

Yards.

1.

Side and rear yards.

a.

Minimum fifty (50) feet, including any alley width, from a single-family residential district shown on Table 4.100.A., or the single-family residential portion of a Planned Community P-C, or any portion of a Planned Residential Development PRD with an underlying zoning district comparable to the single-family residential districts shown on Table 4.100.A.

b.

Minimum twenty-five (25) feet, including any alley width, from a multiple-family residential district.

E.

Screening.

1.

All operations and storage shall be conducted within a completely enclosed building or within an area contained by a wall or fence as determined by Development Review Board approval.

(Ord. No. 4041, § 1(Res. No. 9208, § 1(Exh. A, § 2), 10-16-12)

Unless otherwise provided, the provisions of Article VII. shall apply.

(Ord. No. 4041, § 1(Res. No. 9208, § 1(Exh. A, § 2), 10-16-12)

The provisions of Article VIII. shall apply.

(Ord. No. 4041, § 1(Res. No. 9208, § 1(Exh. A, § 2), 10-16-12)

The provisions of Article IX. shall apply.

(Ord. No. 4041, § 1(Res. No. 9208, § 1(Exh. A, § 2), 10-16-12)

Unless otherwise provided, the provisions of Article X. shall apply.

(Ord. No. 4041, § 1(Res. No. 9208, § 1(Exh. A, § 2), 10-16-12)

Editor's note— Ord. No. 4043, § 1(Res. No. 9209, § 1(Exh. A, § 1), adopted October 16, 2012, repealed §§ 5.1500—5.1507. Section 2 of said Exhibit A enacted provisions designated as new §§ 5.1500—5.1508. Prior to inclusion of said ordinance, said provisions pertained to similar subject matter. See also the Code Comparative Table.

This district is intended to permit most types of commercial activities located along major streets, including shopping and service needs. This district promotes high quality development, including on-site and streetscape landscape areas, and standards for an attractive setting for commercial activities and adjacent uses.

(Ord. No. 4043, § 1(Res. No. 9209, § 1(Exh. A, § 2), 10-16-12)

Editor's note— Ord. No. 4164, § 1(Res. No. 9857, § 1, Exh. A, § 24), adopted Aug. 25, 2014, repealed § 5.1502 which pertained to development review board approval and derived from Ord. No. 4043, § 1(Res. No. 9209, § 1, Exh. A, § 2), adopted Oct. 16, 2012.

A.

Permitted uses. Buildings, structures, or premises shall be used and buildings and structures shall hereafter be erected, altered, or enlarged only for the following uses:

1.

Any use shown as permitted in Table 11.201.A., subject to the limitations as listed.

B.

Uses permitted by conditional use permit.

1.

Any use shown as permitted by conditional use permit in Table 11.201.A., subject to the limitations as listed, and any additional conditional use permit criteria.

(Ord. No. 4043, § 1(Res. No. 9209, § 1(Exh. A, § 2), 10-16-12; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, §§ 90, 91), 5-6-14; Ord. No. 4404, § 1(Res. No. 11515, § 1(Exh. A, § 1)), 6-25-19)

The following property development standards shall apply to all land and buildings in the C-3 District:

A.

Floor area ratio. Maximum: 0.80.

B.

Building height (excluding rooftop appurtenances). Maximum: thirty-six (36) feet.

C.

Required open space.

1.

Total open space.

a.

Minimum: 0.10 multiplied by the net lot area.

b.

For building heights over twelve (12) feet: the minimum open space requirement plus 0.004 multiplied by the net lot area for each foot of building height over twelve (12) feet.

2.

Total open space is distributed as follows:

a.

Frontage open space minimum: 0.50 multiplied by the total open space requirement.

b.

The remainder of the total open space, less the frontage open space, shall be common open space.

3.

Parking areas and parking lot landscaping are not included in the required open space.

4.

NAOS may be included in the open space requirements.

D.

Yards.

1.

Side and rear yards.

a.

Minimum fifty (50) feet, including any alley width, from a single-family residential district shown on Table 4.100.A., or the single-family residential portion of a Planned Community P-C, or any portion of a Planned Residential Development PRD with an underlying zoning district comparable to the single-family residential districts shown on Table 4.100.A.

b.

Minimum twenty-five (25) feet, including any alley width, from a multiple-family residential district.

E.

Screening.

1.

Except as otherwise specified, all operations and storage shall be conducted within a completely enclosed building or within an area contained by a wall or fence as determined by Development Review Board approval.

(Ord. No. 4043, § 1(Res. No. 9209, § 1(Exh. A, § 2), 10-16-12)

Unless otherwise provided, the provisions of Article VII. shall apply.

(Ord. No. 4043, § 1(Res. No. 9209, § 1(Exh. A, § 2), 10-16-12)

The provisions of Article VIII. shall apply.

(Ord. No. 4043, § 1(Res. No. 9209, § 1(Exh. A, § 2), 10-16-12)

The provisions of Article IX. shall apply.

(Ord. No. 4043, § 1(Res. No. 9209, § 1(Exh. A, § 2), 10-16-12)

Unless otherwise provided, the provisions of Article X. shall apply.

(Ord. No. 4043, § 1(Res. No. 9209, § 1(Exh. A, § 2), 10-16-12)

Editor's note— Ord. No. 4003, § 1(Res. No. 8968, Exh. A, § 1), adopted March 6, 2012, repealed §§ 5.1600—5.1606, which pertained to (C-4) GENERAL COMMERCIAL DISTRICT. Section 2 of said resolution enacted provisions designated as §§ 5.1600—5.1608 to read as herein set out. See also the Code Comparative Table.

(Ord. No. 4003, § 1(Res. No. 8968, Exh. A, § 2), 3-6-12; Ord. No. 4005, § 1(Res. No. 8947, Exh. A, § 88), 4-3-12)

The C-4 District is intended to provide space for the heaviest type of commercial activities found in the city, including light manufacturing, warehousing, wholesaling and vehicle leasing, rental, sales and repair. This district provides opportunities for light industrial uses in order to sustain and enhance the community's economic viability and employment opportunities. The development standards are intended to provide development flexibility consistent with the community's sensitive design principles, and appropriate transition in areas adjacent to residential districts.

(Ord. No. 4003, § 1(Res. No. 8968, Exh. A, § 2), 3-6-12)

Editor's note— Ord. No. 4164, § 1(Res. No. 9857, § 1, Exh. A, § 25), adopted Aug. 25, 2014, repealed § 5.1602 which pertained to development review board approval and derived from Ord. No. 4003, § 1(Res. No. 8968, Exh. A, § 2), adopted March 6, 2012.

A.

Permitted uses. Buildings, structures, or premises shall be used and buildings and structures shall hereafter be erected, altered, or enlarged only for the following uses:

1.

Any use shown as permitted in Table 11.201.A., subject to the limitations as listed.

B.

Uses permitted by conditional use permit.

1.

Any use shown as permitted by conditional use permit in Table 11.201.A., subject to the limitations as listed, and any additional conditional use permit criteria.

(Ord. No. 4003, § 1(Res. No. 8968, Exh. A, § 2), 3-6-12; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, §§ 92, 93), 5-6-14; Ord. No. 4193, § 1, 3-3-15; Ord. No. 4404, § 1(Res. No. 11515, § 1(Exh. A, § 1)), 6-25-19)

The following property development standards shall apply to all land and buildings in the C-4 District.

A.

Floor area ratio.

1.

Maximum: 0.80 multiplied by net lot area.

B.

Required open space.

1.

Total open space.

a.

Minimum: 0.05 multiplied by the net lot area.

b.

For building heights over twelve (12) feet: the minimum open space requirement plus 0.004 multiplied by the net lot area for each additional foot of building height over twelve (12) feet.

2.

Total open space is distributed as follows:

a.

Frontage open space minimum: 0.50 multiplied by the required total open space.

b.

The remainder of the total open space, less the frontage open space, shall be common open space.

3.

Parking areas and parking lot landscaping are not included in the required open space.

4.

NAOS may be included in the required open space.

C.

Building height.

1.

Maximum: Thirty-six (36) feet, except as otherwise provided in Article VII.

D.

Yards.

1.

Front Yard.

a.

No front yard is required except as required in Article VII and this subsection D.1.

b.

If a block is partly in a residential district shown on Table 4.100.A., or the residential portion of a Planned Community P-C or any portion of a Planned Residential Development PRD with an underlying zoning district comparable to the residential districts shown on Table 4.100A., the front yard regulations of the applicable residential district shall apply.

c.

Refer to B.2.a. above, Frontage open space minimum.

2.

Side and rear minimum: Fifty (50) feet from a single-family residential district and twenty-five (25) feet from a multiple-family residential district. Measurement may include the width of an alley adjacent to a residential district.

3.

All outdoor activities, including storage, minimum: Fifty (50) feet from a residential district as shown on Table 4.100.A., or the residential portion of a Planned Community P-C or any portion of a Planned Residential Development PRD with an underlying zoning district comparable to the residential districts shown on Table 4.100.A.

E.

Screening.

1.

All activities, mechanical equipment, outdoor storage, and refuse areas shall be within an enclosed building, or screened by a solid wall at least six (6) feet in height or as otherwise approved by the Development Review Board.

2.

No outdoor storage shall be visible from off-site.

3.

Other requirements and exceptions are as specified in Article VII and Article X.

(Ord. No. 4003, § 1(Res. No. 8968, Exh. A, § 2), 3-6-12; Ord. No. 4005, § 1(Res. No. 8947, Exh. A, §§ 89, 90), 4-3-12; Ord. No. 4439, § 1(Res. No. 11703, § 1(Exh. A, § 1), 2-4-20)

Unless otherwise provided in this district, the provisions of Article VII shall apply.

(Ord. No. 4003, § 1(Res. No. 8968, Exh. A, § 2), 3-6-12)

The provisions of Article VIII shall apply.

(Ord. No. 4003, § 1(Res. No. 8968, Exh. A, § 2), 3-6-12)

The provisions of Article IX shall apply.

(Ord. No. 4003, § 1(Res. No. 8968, Exh. A, § 2), 3-6-12)

Unless otherwise provided, the provisions of Article X. apply.

(Ord. No. 4003, § 1(Res. No. 8968, Exh. A, § 2), 3-6-12; Ord. No. 4005, § 1(Res. No. 8947, Exh. A, § 91), 4-3-12)

(Ord. No. 4126, § 1, 1-14-14)

Editor's note— Ord. No. 4126, § 1, adopted Jan. 14, 2014, repealed §§ 5.1700—5.1707 and enacted provisions designated new §§ 5.1700—5.1708. Prior to inclusion of said ordinance, said provisions pertained to similar subject matter. See also the Code Comparative Table.

This district is intended to provide space for limited construction operations and other uses with similar impacts without direct arterial access. Setback requirements in this district promote carefully planned locations that will not adversely impact adjacent properties.

(Ord. No. 4126, § 1, 1-14-14)

Editor's note— Ord. No. 4164, § 1(Res. No. 9857, § 1, Exh. A, § 26), adopted Aug. 25, 2014, repealed § 5.1702 which pertained to approvals required and derived from Ord. No. 4126, § 1, adopted Jan. 14, 2014.

A.

Permitted uses. Buildings, structures, or premises shall be used and buildings and structures shall hereafter be erected, altered, or enlarged only for the following uses:

1.

Any use shown as permitted in Table 11.201.A., subject to the limitations as listed.

B.

Uses permitted by conditional use permit.

1.

Any use shown as permitted by conditional use permit in Table 11.201.A., subject to the limitations as listed, and any additional conditional use permit criteria.

(Ord. No. 4126, § 1, 1-14-14; Ord. No. 4404, § 1(Res. No. 11515, § 1(Exh. A, § 1)), 6-25-19)

The following property development standards shall apply to all land and buildings in the S-S District:

A.

Floor area ratio. Maximum: 0.80.

B.

Building height (excluding rooftop appurtenances). Maximum: Thirty-six (36) feet.

C.

Required open space.

1.

Total open space.

a.

Minimum: 0.05 multiplied by the net lot area.

b.

For building heights over twelve (12) feet: the minimum open space requirement plus 0.004 multiplied by the net lot area for each foot of building height over twelve (12) feet.

c.

Total open space shall be provided as frontage open space.

2.

Parking areas and parking lot landscaping are not included in the required open space.

3.

NAOS may be included in the required open space.

D.

Yards.

1.

Front Yard.

a.

Minimum: Twenty (20) feet.

E.

Screening.

1.

All operations and storage shall be conducted within a completely enclosed building or within an area contained by a wall or fence as determined by Development Review Board approval.

(Ord. No. 4126, § 1, 1-14-14)

Unless otherwise provided, the provisions of Article VII shall apply.

(Ord. No. 4126, § 1, 1-14-14)

The provisions of Article VIII shall apply.

(Ord. No. 4126, § 1, 1-14-14)

The provisions of Article IX shall apply.

(Ord. No. 4126, § 1, 1-14-14)

Unless otherwise provided, the provisions of Article X shall apply.

(Ord. No. 4126, § 1, 1-14-14)

Editor's note— Ord. No. 4002, § 1(Res. No. 8967, Exh. A, § 3), adopted March 6, 2012, repealed §§ 5.1800—5.1806, which pertained to (I-1) INDUSTRIAL PARK DISTRICT. Section 4 of said resolution enacted provisions designated as §§ 5.1800—5.1808 to read as herein set out. See also the Code Comparative Table.

(Ord. No. 4002, § 1(Res. No. 8967, Exh. A, § 4), 3-6-12; Ord. No. 4005, § 1(Res. No. 8947, Exh. A, § 98), 4-3-12)

The I-1 District is intended to provide for light manufacturing, aeronautical, light industrial, office and supportive uses to sustain and enhance major employment opportunities. The development standards are intended to provide development flexibility consistent with the sensitive design principles, and appropriate transition in areas adjacent to residential districts.

(Ord. No. 4002, § 1(Res. No. 8967, Exh. A, § 4), 3-6-12)

Editor's note— Ord. No. 4164, § 1(Res. No. 9857, § 1, Exh. A, § 27), adopted Aug. 25, 2014, repealed § 5.1802 which pertained to development review board approval and derived from Ord. No. 4002, § 1(Res. No. 8967, Exh. A, § 4), adopted March 6, 2012.

A.

Permitted uses. Buildings, structures, or premises shall be used and buildings and structures shall hereafter be erected, altered, or enlarged only for the following uses:

1.

Any use shown as permitted in Table 11.201.A., subject to the limitations as listed.

B.

Uses permitted by conditional use permit.

1.

Any use shown as permitted by conditional use permit in Table 11.201.A., subject to the limitations as listed, and any additional conditional use permit criteria.

(Ord. No. 4002, § 1(Res. No. 8967, Exh. A, § 4), 3-6-12; Ord. No. 4404, § 1(Res. No. 11515, § 1(Exh. A, § 1)), 6-25-19)

The following property development standards apply to all land and buildings in the I-1 District:

A.

Floor area ratio.

1.

Maximum: 0.80 multiplied by the net lot area.

B.

Required open space.

1.

Minimum: 0.10 multiplied by the net lot area.

2.

For building heights over twelve (12) feet: the minimum required open space plus 0.003 multiplied by the net lot area, for each foot of building height over twelve (12) feet.

3.

Reduction for on-lot taxilane safety area and aircraft staging area: the open space calculated in B.1. or B.2. above may be reduced by up to 0.50 multiplied by the required open space, for the amount of on-lot taxilane safety area and aircraft staging area provided.

4.

Parking areas and parking lot landscaping are not included in the required open space.

5.

NAOS may be included in the required open space.

C.

Building height.

1.

Maximum: Fifty-two (52) feet, except as otherwise provided below and in Article VII.

2.

Maximum building height within three hundred (300) feet of a residential district shown on Table 4.100.A., or the residential portion of a Planned Community P-C, or any portion of a Planned Residential Development PRD with an underlying zoning district comparable to the residential districts shown on Table 4.100.A.: Thirty-six (36) feet.

D.

Yards.

1.

Front minimum: Twenty (20) feet.

2.

Side and rear minimum: Thirty (30) feet from a residential district shown on Table 4.100.A., or the residential portion of a P-C, or any portion of a PRD with an underlying zoning district comparable to the residential districts shown on Table 4.100.A.

3.

All outdoor activities, including storage, minimum: Fifty (50) feet from a residential district shown on Table 4.100.A., or the residential portion of a P-C, or any portion of a PRD with an underlying zoning district comparable to the residential districts shown on Table 4.100.A.

E.

Screening.

1.

All outdoor activities, mechanical equipment, outdoor storage and refuse areas shall be within an enclosed building, or screened by a solid wall at least six (6) feet in height or as otherwise approved by the Development Review Board.

2.

No outdoor storage shall be visible from off-site.

3.

Other requirements and exceptions are as specified in Article VII and Article X.

(Ord. No. 4002, § 1(Res. No. 8967, Exh. A, § 4), 3-6-12)

Unless otherwise provided in this district, the provisions of Article VII shall apply.

(Ord. No. 4002, § 1(Res. No. 8967, Exh. A, § 4), 3-6-12)

The provisions of Article VIII shall apply.

(Ord. No. 4002, § 1(Res. No. 8967, Exh. A, § 4), 3-6-12)

The provisions of Article IX shall apply.

(Ord. No. 4002, § 1(Res. No. 8967, Exh. A, § 4), 3-6-12)

Unless otherwise provided, the provisions of Article X. apply.

(Ord. No. 4002, § 1(Res. No. 8967, Exh. A, § 4), 3-6-12; Ord. No. 4005, § 1(Res. No. 8947, Exh. A, § 99), 4-3-12)

Editor's note— Ord. No. 4004, § 1(Exh. A, § 1), adopted March 6, 2012, repealed §§ 5.1900—5.1908, which pertained to (I-G) LIGHT EMPLOYMENT DISTRICT. Section 2 of said Exhibit A enacted provisions designated as §§ 5.1900—5.1908 to read as herein set out. See also the Code Comparative Table.

(Ord. No. 4004, § 1(Exh. A, § 2), 3-6-12; Ord. No. 4005, § 1(Res. No. 8947, Exh. A, § 100), 4-3-12)

The I-G District is intended to provide employment uses such as educational institutions, research, technological and light manufacturing activities and supportive uses that are compatible with and transition to adjacent residential districts. The development standards are intended to provide development flexibility consistent with the sensitive design principles, and appropriate transition in areas adjacent to residential districts.

(Ord. No. 4004, § 1(Exh. A, § 2), 3-6-12)

Editor's note— Ord. No. 4164, § 1(Res. No. 9857, § 1, Exh. A, § 28), adopted Aug. 25, 2014, repealed § 5.1902 which pertained to development review board approval and derived from Ord. No. 4004, § 1(Exh. A, § 2), adopted March 6, 2012.

A.

Permitted uses. Buildings, structures, or premises shall be used and buildings and structures shall hereafter be erected, altered, or enlarged only for the following uses:

1.

Any use shown as permitted in Table 11.201.A., subject to the limitations as listed.

B.

Uses permitted by conditional use permit.

1.

Any use shown as permitted by conditional use permit in Table 11.201.A., subject to the limitations as listed, and any additional conditional use permit criteria.

(Ord. No. 4004, § 1(Exh. A, § 2), 3-6-12; Ord. No. 4404, § 1(Res. No. 11515, § 1(Exh. A, § 1)), 6-25-19)

The following property development standards shall apply to all land and buildings in the I-G District.

A.

Floor area ratio.

1.

Maximum: 0.60 multiplied by the net lot area.

B.

Building dimensions.

All building walls facing residential districts shall be limited to horizontal dimension of one hundred fifty (150) feet without an interruption of the building wall plane with either a recess or an offset, as determined by the Development Review Board.

C.

Required open space.

1.

Minimum: 0.24 multiplied by the net lot area.

2.

Parking areas and parking lot landscaping are not included in the required open space.

3.

NAOS may be included in the required open space.

D.

Building height.

1.

Maximum: Thirty (30) feet in height, including mechanical equipment.

E.

Lot coverage.

1.

Maximum: 0.50 multiplied by the net lot area.

F.

Yards.

1.

Front:

a.

Minimum: Twenty (20) feet.

2.

Side and rear:

a.

Minimum: Fifty (50) feet from a single-family residential district.

b.

Minimum: Twenty-five (25) feet from residential districts other than single-family.

3.

All outdoor activities, including storage, minimum: Fifty (50) feet from a residential district shown on Table 4.100.A., or the residential portion of a Planned Community P-C, or any portion of a Planned Residential Development PRD with an underlying zoning district comparable to the residential districts shown on Table 4.100.A.

G.

Screening.

1.

All activities, mechanical equipment, outdoor storage, and refuse areas shall be within an enclosed building, or screened by a solid wall at least six (6) feet in height or as otherwise approved by the Development Review Board.

2.

No outdoor storage shall be visible from off-site.

3.

Other requirements and exceptions are as specified in Article VII and Article X.

(Ord. No. 4004, § 1(Exh. A, § 2), 3-6-12; Ord. No. 4005, § 1(Res. No. 8947, Exh. A, § 101), 4-3-12)

Unless otherwise provided in this district, the provisions of Article VII shall apply.

(Ord. No. 4004, § 1(Exh. A, § 2), 3-6-12)

The provisions of Article VIII shall apply.

(Ord. No. 4004, § 1(Exh. A, § 2), 3-6-12)

The provisions of Article IX shall apply.

(Ord. No. 4004, § 1(Exh. A, § 2), 3-6-12)

Unless otherwise provided, the provisions of Article X. apply.

(Ord. No. 4004, § 1(Exh. A, § 2), 3-6-12; Ord. No. 4005, § 1(Res. No. 8947, Exh. A, § 102), 4-3-12)

(Ord. No. 4005, § 1(Res. No. 8947, Exh. A, § 103), 4-3-12)

This district is intended to provide for the development of manufactured home parks at standards consistent with the health, safety and welfare of the community. Further, it is intended that, by the criteria set forth in this section said development will better the existing environment.

Editor's note— Ord. No. 4164, § 1(Res. No. 9857, § 1, Exh. A, § 29), adopted Aug. 25, 2014, repealed § 5.2002 which pertained to approvals required and derived from Ord. No. 3225, § 1, adopted May 4, 1999.

A.

Permitted uses. Buildings, structures or premises shall be used and buildings and structures shall hereafter be erected, altered or enlarged only for the following uses:

1.

Any use shown as permitted in Table 5.2003., subject to the use limitations as listed.

B.

Uses permitted by conditional use permit.

1.

Any use shown as permitted by conditional use permit in Table 5.2003., subject to the use limitations as listed, and any additional conditional use permit criteria.

Table 5.2003. Use Table

Use Limitations:

(1)

The landing and taking-off of aircraft is not a valid accessory use in residential districts and is prohibited.

(2)

Conditional use permit is not required for public or charter educational services.

(3)

For uses incidental to construction work and/or home sales, to be removed upon completion or abandonment of construction work and/or home sales.

(4)

Place of worship subject to compliance with the following standards, as well as those otherwise required in the underlying District:

a.

Lot area: The minimum lot area shall be equal to that required for the district, except that no lot shall be less than twenty thousand (20,000) square feet (net).

b.

Floor area ratio: In no case shall the gross floor area of the structure(s) exceed an amount equal to 0.20 multiplied by the net lot area.

c.

Building height: Development Review Board may allow building heights, including towers, spires, and mechanical equipment (such equipment must be screened) limited to thirty (30) feet in height, and may allow a maximum of ten (10) percent of the roof area to exceed the height limit by fifteen (15) feet. Height and location are subject to the Development Review Board review and approval for compatibility with the established neighborhood character. Maximum permissible heights may not be achievable in all neighborhoods. (This provision supersedes Section 7.100. through 7.102., exceptions to height restrictions, which shall not apply to churches within the underlying District.)

d.

Required open space:

i.

Minimum: 0.24 multiplied by the net lot area.

ii.

For building heights over twenty (20) feet: the minimum open space requirement plus 0.004 multiplied by the net lot area for each foot of building height over twenty (20) feet.

iii.

NAOS may be included in the required open space.

e.

Parking:

i.

Parking shall observe the minimum front yard setbacks of the underlying District for all frontages. On streets classified in the Transportation Master Plan as major arterial or greater, parking may be located between the established front building line and the front yard setback. On all other street classifications, parking shall be located behind the established front building lines.

ii.

A minimum of fifteen (15) percent of all parking areas shall be landscaped.

iii.

A ten-foot minimum landscaped setback shall be provided where parking is adjacent to residential districts shown on Table 4.100.A., or the residential portion of a Planned Community (P-C), or any portion of a Planned Residential Development (PRD) with an underlying zoning district comparable to the residential districts shown on Table 4.100.A.

f.

Lighting:

i.

All pole-mounted lighting shall be directed down and shielded and shall be a maximum of sixteen (16) feet in height.

ii.

All lighting adjacent to residential districts shown on Table 4.100.A., or the residential portion of a Planned Community (P-C), or any portion of a Planned Residential Development (PRD) with an underlying zoning district comparable to the residential districts shown on Table 4.100.A., shall be set back a minimum of thirty (30) feet from the property line. All lighting, other than security, shall be shut off by 10:00 p.m.

iii.

All lighting, other than security, shall be turned off by 10:00 p.m., unless otherwise approved through a special event permit.

g.

Screening:

i.

There shall be a minimum six-foot high masonry wall and/or landscape screen, as approved by the Development Review Board, on the side and rear property lines that are adjacent to residential districts shown on Table 4.100.A., or the residential portion of a Planned Community (P-C), or any portion of a Planned Residential Development (PRD) with an underlying zoning district comparable to the residential districts shown on Table 4.100.A.

ii.

There shall be a three-foot high landscaped berm along all street frontages where parking occurs.

h.

Access:

i.

All places of worship must have primary access to a street classified in the Transportation Master Plan as a minor collector or greater.

ii.

Access to a local or local collector residential street is prohibited when the primary worship center, auditorium, or other major gathering place exceeds three thousand (3,000) square feet.

i.

Operations: No outdoor activities shall be permitted after 10:00 p.m.

j.

Noise: Outdoor speakers or paging systems are not allowed.

(5)

Subject to the requirements of Sections 1.904., 3.100., and 7.200.

(6)

Subject to the requirements of Sections 1.400., 3.100., and 7.200.

(7)

Accessory buildings and structures subject to the requirements of Section 7.200.A.

(8)

Accessory Dwelling Unit subject to the requirements of Section 7.900.

(9)

Swimming pools subject to the requirements of Section 7.200.G.4.

(10)

Residential Recreation Area subject to the requirements of Section 7.200.G.1.

(Ord. No. 2430, § 1, 1-21-92; Ord. No. 2799, § 1, 6-5-95; Ord. No. 2858, § 1, 12-5-95; Ord. No. 3048, § 2, 10-7-97; Ord. No. 3103, § 1, 1-6-98; Ord. No. 3225, § 1, 5-4-99; Ord. No. 3493, § 1, 3-4-03; Ord. No. 3697, § 1(Exh. 1), 9-26-06; Ord. No. 3920, § 1(Exh. § 32), 11-9-10; Ord. No. 4005, § 1(Res. No. 8947, Exh. A, § 104), 4-3-12; Ord. No. 4140, § 1(Res. No. 9643, Exh. A, § 4), 2-25-14; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 94), 5-6-14; Ord. No. 4365, § 1(Res. No. 11261, § 1(Exh. A, § 5)), 11-13-18; Ord. No. 4652, § 1(Res. No. 13255, § 1(Exh. A, § 4)), 11-25-24)

The following property development standards shall apply to all land, buildings and manufactured homes in the M-H district.

A.

Area.

1.

Each parcel of land used for a manufactured home park shall have a minimum area of ten (10) acres.

2.

There shall be a minimum of seven thousand (7,000) square feet of gross land area within a manufactured home park per manufactured home.

B.

Dimensions.

1.

Width. Each manufactured home space or lot shall have a minimum width of fifty (50) feet.

2.

Depth. Each manufactured home space or lot shall have a minimum depth of eighty (80) feet.

C.

Density.

1.

There shall be not more than one (1) manufactured home per each manufactured home space.

2.

There shall not be more than one (1) single-family dwelling unit on any one (1) lot.

D.

Building height. No building shall exceed thirty (30) feet in height except as otherwise provided in article VII.

E.

Yards.

1.

Front Yard.

a.

There shall be a front yard having a depth of not less than sixteen (16) feet.

b.

Where spaces have frontage on more than one (1) street the required front yard shall be ten (10) feet on street frontages other than the narrowest frontage.

c.

There shall be a setback of twenty (20) feet from the property line, or street improvements where property lines are not present, to any garage door or to a carport.

2.

Side Yard.

a.

There shall be side yards on each side of a main building or manufactured home.

b.

The aggregate width of side yards on a manufactured home space or lot shall not be less than ten (10) feet.

c.

The minimum side yard shall not be less than five (5) feet in width for any main buildings, manufactured homes, or garages and three (3) feet in width for carports open on at least two (2) sides.

3.

Rear Yard. There shall be a rear yard having a minimum depth of ten (10) feet.

4.

Perimeter setbacks. All main buildings, manufactured homes, and attached garages or carports shall be setback a minimum of twenty (20) feet from the perimeter property line of the manufactured home park.

F.

Distance between buildings.

1.

Accessory buildings or structures may be attached to the main building or manufactured home or if separate shall be not less than ten (10) feet away from the main building or manufactured home.

2.

The distance between main buildings or manufactured homes including any attached garages or carports, and main buildings or manufactured homes, including any attached garages or carports, on adjacent lots shall be not less than ten (10) feet.

G.

Buildings, walls, fences and landscaping.

1.

Walls, fences and hedges not to exceed six (6) feet in height shall be permitted on the property line or within the side or rear yard. Walls, fences and hedges not to exceed three (3) feet in height shall be permitted within the front yard except as otherwise provided in article VII.

2.

All manufactured home parks shall have decorative masonry walls as approved by the Development Review Board.

3.

Landscaping shall be provided as required by the Development Review Board, with a minimum of five (5) percent of all common parking and driveway areas to be landscaped.

H.

Access.

1.

Manufactured home parks shall have vehicular access from a street classified as a collector or greater.

2.

Access roads within the manufactured home park shall be paved to a minimum width of not less than twenty-eight (28) feet with concrete curbs or edging.

(Ord. No. 2509, § 1, 6-1-93; Ord. No. 2799, § 1, 6-5-95; Ord. No. 4652, § 1(Res. No. 13255, § 1(Exh. A, § 4)), 11-25-24)

The provisions of article IX shall apply.

The provisions of article VIII shall apply.

A.

Maximum coverage including buildings, manufactured homes and paved areas shall be sixty (60) percent.

B.

Manufactured homes shall be equipped with toilet and bath facilities and shall be connected to the sanitary sewer line. Water, telephone and electric service shall be provided and all utilities shall be underground.

C.

One (1) or more community recreation areas, each having not less than three thousand (3,000) square feet in area, shall be set aside within the manufactured home parks. The total area set aside for recreation shall be not less than ten (10) percent of the gross manufactured home park area.

D.

Residential trailers or manufactured homes shall be installed with the bottom flush with the ground or with a skirt matching the building or mound that shields from view the bottom space under the unit.

(Ord. No. 2809, § 1, 7-18-95)

Editor's note— Ord. No. 2799, § 1, adopted June 5, 1995, repealed former § 5.2008, which pertained to building permits.

(Ord. No. 4005, § 1(Res. No. 8947, Exh. A, § 105), 4-3-12)

This is a zoning district that may be developed only in accordance with a specific development plan. The approved development plan is an integral part of this zoning district and all development shall comply with said plan. The planned community district is designed and intended to enable and encourage the development of large tracts of land which are under unified ownership or control, or lands which by reason of existing or planned land uses are appropriate for development under this section, so as to achieve land development patterns which will maintain and enhance the physical, social and economic values of an area.

To this end, there may be provided within such areas a combination of land uses, including a variety of residential types, commercial, industrial, public and semi-public areas, arranged and designed in accordance with modern land planning principles and development techniques; and in such a manner as to be properly related to each other, the surrounding community, the planned thoroughfare system, and other public facilities such as water and sewer systems, parks, schools and utilities.

The planned community district and procedure are further established to provide a land developer with reasonable assurance that specific uses proposed from time to time, if in accordance with an approved development plan, will be acceptable to the city; and to provide the City Planning Commission and the City Council with a long-term proposal for the development of a given area.

(Ord. No. 3258, § 1, 10-5-99)

A.

Qualifications. P-C districts may be established on parcels of land which, because of their unified ownership or control, size, topography, proximity to large public facilities, or exceptional or unusual locational advantages, are suitable for planned development in a manner consistent with the purposes of this section.

B.

Minimum district size.

1.

Minimum parcel size for any P-C District established within the boundaries of the McDowell Road/Scottsdale Road Growth Area as designated by the Scottsdale General Plan: ten (10) acres of gross lot area of all lots shown on the Development Plan.

2.

Minimum parcel size for any P-C District established outside the boundaries of the McDowell Road/Scottsdale Road Growth Area as designated by the Scottsdale General Plan: one hundred sixty (160) acres of gross lot area of all lots shown on the Development Plan.

C.

Property development standards. All land uses in a P-C district shall conform to the property development standards of the comparable zoning district. Modification of the comparable district's standards may be allowed as provided in the modification procedure below. The Zoning Administrator shall determine, primarily on the basis of proposed use and density, which of the districts of this Zoning Ordinance is most closely comparable to the proposed development.

Property development standards modification procedure. Application shall be made and the procedure followed as provided in Section 1.300. Development Applications; with the addition that an application for proposed amendments to development standards within the boundaries of the McDowell Road/Scottsdale Road Growth Area shall first be heard by the Development Review Board, Section 1.900. The application shall be accompanied by written terminology, graphic material, and will illustrate the conditions that the modified standards will produce, so as to enable the Planning Commission and the City Council to make the determination that the modification will produce a living environment, landscape quality and life-style superior to that produced by existing standards.

D.

All provisions of this Zoning Ordinance shall apply to development in the P-C district except as allowed in the immediately preceding paragraph C.

(Ord. No. 3258, § 1, 10-5-99; Ord. No. 3920, § 1(Exh. § 33), 11-9-10; Ord. No. 4005, § 1(Res. No. 8947, Exh. A, § 106), 4-3-12; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 95), 5-6-14; Ord. No. 4164, § 1(Res. No. 9856, § 1, Exh. A, § 30), 8-25-14; Ord. No. 4239, § 1, 9-13-16; Ord. No. 4651, § 1(Res. No. 13253, § 1(Exh. A, § 3)), 11-25-24, eff. 4-22-25)

The zoning district map amendment application shall be accompanied by a Development Plan as required in Article VII.

(Ord. No. 3258, § 1, 10-5-99; Ord. No. 3920, § 1(Exh. § 34), 11-9-10; Ord. No. 4048, § 1(Res. No. 9223, § 1(Exh. A, § 2), 11-14-12)

Before approval or modified approval of an application for a proposed P-C District, the Planning Commission and the City Council must find:

A.

That the development proposed is in substantial harmony with the General Plan, and can be coordinated with existing and planned development of surrounding areas.

B.

That the streets and thoroughfares proposed are suitable and adequate to serve the proposed uses and the anticipated traffic which will be generated thereby.

C.

The Planning Commission and City Council shall further find that the facts submitted with the application and presented at the hearing establish beyond reasonable doubt that:

1.

In the case of proposed residential development, that such development will constitute a residential environment of sustained desirability and stability; that it will be in harmony with the character of the surrounding area; and that the sites proposed for public facilities, such as schools, playgrounds and parks, are adequate to serve the anticipated population. The Planning Commission and City Council shall be presented written acknowledgment of this from the appropriate school district, the Scottsdale Parks and Recreation Commission and any other responsible agency.

2.

In the case of proposed industrial or research uses, that such development will be appropriate in area, location and overall planning to the purpose intended; and that the design and development standards are such as to create an industrial environment of sustained desirability and stability.

3.

In the case of proposed commercial, educational, cultural, recreational and other nonresidential uses, that such development will be appropriate in area, location and overall planning to the purpose intended; and that such development will be in harmony with the character of the surrounding areas.

(Ord. No. 3258, § 1, 10-5-99; Ord. No. 3920, § 1(Exh. § 35), 11-9-10; Ord. No. 4005, § 1(Res. No. 8947, Exh. A, §§ 107, 108), 4-3-12; Ord. No. 4048, § 1(Res. No. 9223, § 1(Exh. A, §§ 3, 4), 11-14-12; Ord. No. 4140, § 1(Res. No. 9643, Exh. A, § 5), 2-25-14; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 96), 5-6-14)

Editor's note— Formerly § 5.2105.

A P-C District shall be developed in conformance with the approved Development Plan and Development Master Plans as provided in Article VII.

(Ord. No. 4048, § 1(Res. No. 9223, § 1(Exh. A, § 5), 11-14-12)

(Ord. No. 4005, § 1(Res. No. 8947, Exh. A, § 109), 4-3-12; Ord. No. 4030, § 1(Exh. 1, §§ 1, 2), 6-19-12)

Editor's note— Ord. No. 4030, § 1(Exh. 1, § 1) adopted June 19, 2012, repealed former §§ 5.2201—5.2207 and enacted Exh. 1, § 2, enacted new provisions designated as §§ 5.2201—2.2208. See also the Code Comparative Table for a detailed analysis of inclusion.

This district is intended to provide an environment desirable for and conducive to development of office and related uses adjacent to commercial areas. In addition, some specified uses are permitted with use limitations which promote their compatibility with office and residential uses. The development standards are intended to provide separation of office buildings from nearby residential areas, and provide a high quality setting for office uses.

(Ord. No. 4030, § 1(Exh. 1, § 2), 6-19-12, eff. 7-19-12)

Editor's note— Ord. No. 4164, § 1(Res. No. 9857, § 1, Exh. A, § 31), adopted Aug. 25, 2014, repealed § 5.2202 which pertained to development review board approval and derived from Ord. No. 4030, § 1(Exh. 1, § 2), adopted June 19, 2012.

A.

Permitted uses. Buildings, structures, or premises shall be used and buildings and structures shall hereafter be erected, altered, or enlarged only for the following uses:

1.

Any use shown as permitted in Table 11.201.A., subject to the limitations as listed.

B.

Uses permitted by conditional use permit.

1.

Any use shown as permitted by conditional use permit in Table 11.201.A., subject to the limitations as listed, and any additional conditional use permit criteria.

(Ord. No. 4030, § 1(Exh. 1, § 2), 6-19-12, eff. 7-19-12; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 97), 5-6-14; Ord. No. 4404, § 1(Res. No. 11515, § 1(Exh. A, § 1)), 6-25-19)

The following property development standards shall apply to all land and buildings in the C-O District:

A.

Floor area ratio. Maximum: 0.80.

B.

Required open space.

1.

Total open space.

a.

Minimum: 0.15 multiplied by the net lot area.

b.

For building heights over twelve (12) feet: the minimum open space requirement plus 0.004 multiplied by the net lot area for each foot of building height over twelve (12) feet.

2.

Total open space is distributed as follows:

a.

Frontage open space minimum: 0.50 multiplied by the total open space requirement.

b.

The remainder of the total open space, less the frontage open space, shall be common open space.

3.

Parking areas and parking lot landscaping are not included in the required open space.

4.

NAOS may be included in the required open space.

C.

Building height maximum (excluding rooftop appurtenances).

1.

Maximum: Forty-eight (48) feet.

2.

For portions of buildings within one hundred (100) feet of any Single-family Residential R-1 District or any Two-family Residential R-2, Medium Density Residential R-3, Townhouse Residential R-4, Resort/Townhouse Residential R-4R, or Manufactured Home M-H district, shown on Table 4.100.A., or the portion of a Planned Community P-C or any portion of a Planned Residential Development PRD with an underlying zoning district comparable to these residential districts, maximum: thirty-two (32) feet.

D.

Yards.

1.

Side and rear yards.

a.

Minimum fifty (50) feet, including any alley width, from a single-family residential district shown on Table 4.100.A., or the single-family residential portion of a Planned Community P-C or any portion of a Planned Residential Development PRD with an underlying zoning district comparable to the single-family residential districts shown on Table 4.100.A.

b.

Minimum twenty-five (25) feet, including any alley width, from any residential district other than a single-family residential district shown on Table 4.100.A., or portion of a Planned Community P-C with an underlying zoning district comparable to any residential district other than a single-family residential district shown on Table 4.100.A.

E.

Screening.

1.

Walls.

a.

On the property line or within the required yards: Maximum eight (8) feet in height.

b.

Within frontage open space: Maximum three (3) feet in height.

2.

All outdoor operations, mechanical equipment and appurtenances, storage and refuse areas shall be within an enclosed building, or screened by a solid wall at least six (6) feet in height or as otherwise approved by the Development Review Board.

(Ord. No. 4030, § 1(Exh. 1, § 2), 6-19-12, eff. 7-19-12)

The provisions of Article VII shall apply.

(Ord. No. 4030, § 1(Exh. 1, § 2), 6-19-12, eff. 7-19-12)

The provisions of Article VIII shall apply.

(Ord. No. 4030, § 1(Exh. 1, § 2), 6-19-12, eff. 7-19-12)

The provisions of Article IX shall apply.

(Ord. No. 4030, § 1(Exh. 1, § 2), 6-19-12, eff. 7-19-12)

The provisions of Article X shall apply.

(Ord. No. 4030, § 1(Exh. 1, § 2), 6-19-12, eff. 7-19-12)

Editor's note— Ord. No. 4083, § 1(Res. No. 9411, Exh. A, § 1), adopted May 14, 2013, repealed §§ 5.2400—5.2407. Section 2 of said exhibit enacted provisions designated as new §§ 5.2400—5.2410. Prior to inclusion of said ordinance, said provisions pertained to similar subject matter. See also the Code Comparative Table.

This district is intended to provide a hub of activity and a focal point in the community. The center provides professional offices, services and retail sales to meet the daily needs of the residents and patrons. Residential uses are encouraged to provide a live-work atmosphere of day and nighttime activities.

(Ord. No. 4083, § 1(Res. No. 9411, Exh. A, § 2), 5-14-13; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 98), 5-6-14)

A.

Minimum: four (4) acres of gross lot area.

B.

Maximum: fifteen (15) acres of gross lot area.

(Ord. No. 4083, § 1(Res. No. 9411, Exh. A, § 2), 5-14-13)

A.

The zoning district map amendment application shall be accompanied by a Development Plan as required in Article VII.

(Ord. No. 4083, § 1(Res. No. 9411, Exh. A, § 2), 5-14-13; Ord. No. 4164, § 1(Res. No. 9856, § 1, Exh. A, § 32), 8-25-14)

A PNC District shall be developed in conformance with the approved Development Plan and any Development Master Plan as provided in Article VII.

(Ord. No. 4083, § 1(Res. No. 9411, Exh. A, § 2), 5-14-13)

A.

Permitted uses. Buildings, structures, or premises shall be used and buildings and structures shall hereafter be erected, altered, or enlarged only for the following uses:

1.

Any use shown as permitted in Table 11.201.A., subject to the limitations as listed.

B.

Uses permitted by conditional use permit.

1.

Any use shown as permitted by conditional use permit in Table 11.201.A., subject to the limitations as listed, and any additional conditional use permit criteria.

(Ord. No. 4083, § 1(Res. No. 9411, Exh. A, § 2), 5-14-13; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, §§ 99, 100), 5-6-14; Ord. No. 4404, § 1(Res. No. 11515, § 1(Exh. A, § 1)), 6-25-19)

The following property development standards shall apply to all land and buildings in the P.N.C. district:

A.

Density.

1.

Residential development physically integrated with business establishments.

a.

Maximum: Four (4.0) dwelling units per acre of gross lot area.

B.

Floor area ratio.

1.

Maximum: 0.50.

2.

Residential use floor area is not included in computing floor area ratio.

C.

Building height (excluding rooftop appurtenances). Maximum: Thirty-six (36) feet.

D.

Required open space.

1.

Common open space.

a.

Minimum: 0.16 multiplied by the net lot area.

b.

For building heights over twelve (12) feet: the minimum open space requirement plus 0.005 multiplied by the net lot area for each foot of building height over twelve (12) feet.

2.

Frontage open space minimum: 0.50 multiplied by the required common open space, except as follows:

a.

At least thirty (30) square feet per one (1) linear foot of public street frontage.

b.

Not required to exceed fifty (50) square feet per one (1) linear foot of public street frontage.

3.

Private outdoor living space.

a.

Ground floor dwelling units and residential health care facility units: none required.

b.

Above ground floor dwelling units, minimum: 0.05 multiplied by the gross floor area of the unit.

c.

The private outdoor living space shall be located beside the dwelling unit which it serves and shall be for the exclusive use of the unit occupant(s), but is not part of the unit's gross floor area.

4.

Parking areas and parking lot landscaping are not included in the required open space.

5.

NAOS may be included in the required open space.

E.

Yards.

1.

Side and Rear Yards.

a.

Minimum: Eighty (80) feet from an abutting property line or an alley adjacent to a property with a residential district shown on Table 4.100.A., or the residential portion of a Planned Community P-C, or any portion of a Planned Residential Development with an underlying zoning district comparable to the residential district shown on Table 4.100.A.

F.

Screening.

1.

All operations and storage shall be conducted within a completely enclosed building or within an area contained by a wall or fence as determined by Development Review Board approval.

(Ord. No. 4083, § 1(Res. No. 9411, Exh. A, § 2), 5-14-13)

Unless otherwise provided, the provisions of Article VII shall apply.

(Ord. No. 4083, § 1(Res. No. 9411, Exh. A, § 2), 5-14-13)

The provisions of Article VIII shall apply.

(Ord. No. 4083, § 1(Res. No. 9411, Exh. A, § 2), 5-14-13)

Unless otherwise provided, the provisions of Article IX shall apply.

(Ord. No. 4083, § 1(Res. No. 9411, Exh. A, § 2), 5-14-13)

Unless otherwise provided, the provisions of Article X shall apply.

(Ord. No. 4083, § 1(Res. No. 9411, Exh. A, § 2), 5-14-13)

(Ord. No. 4123, § 1(Res. No. 9596, Exh. A, § 4), 1-14-14)

Editor's note— Ord. No. 4123, § 1(Res. No. 9596, Exh. A, § 3), adopted Jan. 14, 2014, repealed §§ 5.2500—5.2508. Section 4 of said exhibit enacted provisions designated new §§ 5.2500—5.2510. Prior to inclusion of said ordinance, said provisions pertained to similar subject matter. See also the Code Comparative Table.

This district is intended to provide a large variety of retail goods and personal and professional services for multiple neighborhoods. Residential uses are encouraged to promote day and night time activity.

(Ord. No. 4123, § 1(Res. No. 9596, Exh. A, § 4), 1-14-14)

A.

Minimum: Fifteen (15) acres of gross lot area.

B.

Maximum: Thirty (30) acres of gross lot area.

(Ord. No. 4123, § 1(Res. No. 9596, Exh. A, § 4), 1-14-14)

A.

The zoning district map amendment application shall be accompanied by a Development Plan as required in Article VII.

(Ord. No. 4123, § 1(Res. No. 9596, Exh. A, § 4), 1-14-14; Ord. No. 4164, § 1(Res. No. 9856, § 1, Exh. A, § 33), 8-25-14)

Editor's note— Ord. No. 4164, § 1(Res. No. 9857, § 1, Exh. A, § 34), adopted Aug. 25, 2014, repealed § 5.2504 which pertained to approvals required and derived from Ord. No. 4123, § 1(Res. No. 9596, Exh. A, § 4), adopted Jan. 14, 2014.

A.

Permitted uses. Buildings, structures, or premises shall be used and buildings and structures shall hereafter be erected, altered, or enlarged only for the following uses:

1.

Any use shown as permitted in Table 11.201.A., subject to the limitations as listed.

B.

Uses permitted by conditional use permit.

1.

Any use shown as permitted by conditional use permit in Table 11.201.A., subject to the limitations as listed, and any additional conditional use permit criteria.

(Ord. No. 4123, § 1(Res. No. 9596, Exh. A, § 4), 1-14-14; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, §§ 101, 102), 5-6-14; Ord. No. 4404, § 1(Res. No. 11515, § 1(Exh. A, § 1)), 6-25-19)

The following property development standards shall apply to all land and buildings in the PCC District:

A.

Density.

1.

Dwelling units (excluding residential health care facility) physically integrated with business establishments.

a.

Maximum: 4.0 dwelling units per acre of gross lot area of the Development Plan.

B.

Floor area ratio.

1.

Maximum: 0.30 of the Development Plan.

2.

Residential use floor area is not included in computing floor area ratio.

C.

Building height (excluding rooftop appurtenances). Maximum: Thirty-six (36) feet.

D.

Required open space.

1.

Common open space.

a.

Minimum: 0.16 multiplied by the net lot area of the Development Plan.

b.

For building heights over twelve (12) feet: the minimum open space requirement plus 0.004 multiplied by the net lot area of the Development Plan for each foot of building height over twelve (12) feet.

2.

Frontage open space minimum: 0.35 multiplied by the required common open space, except as follows:

a.

At least thirty (30) square feet per one (1) linear foot of public street frontage.

b.

Not required to exceed fifty (50) square feet per one (1) linear foot of public street frontage.

3.

Private outdoor living space.

a.

Ground floor dwelling units and residential health care facility units: none required.

b.

Above ground floor dwelling units, minimum: 0.05 multiplied by the gross floor area of the unit.

c.

The private outdoor living space shall be located beside the dwelling unit which it serves and shall be for the exclusive use of the unit occupant(s), but is not part of the unit's gross floor area.

4.

Parking areas and parking lot landscaping are not included in the required open space.

5.

NAOS may be included in the required open space.

E.

Yards.

1.

Side and Rear Yards.

a.

Minimum: Eighty (80) feet from the district line of a residential district shown on Table 4.100.A., or the residential portion of a Planned Community P-C, or any portion of a Planned Residential Development with an underlying zoning district comparable to the residential district shown on Table 4.100.A.

F.

Screening.

1.

All operations and storage shall be conducted within a completely enclosed building or within an area contained by a wall or fence as determined by Development Review Board approval.

(Ord. No. 4123, § 1(Res. No. 9596, Exh. A, § 4), 1-14-14)

Unless otherwise provided, the provisions of Article VII shall apply.

(Ord. No. 4123, § 1(Res. No. 9596, Exh. A, § 4), 1-14-14)

The provisions of Article VIII shall apply.

(Ord. No. 4123, § 1(Res. No. 9596, Exh. A, § 4), 1-14-14)

The provisions of Article IX shall apply.

(Ord. No. 4123, § 1(Res. No. 9596, Exh. A, § 4), 1-14-14)

Unless otherwise provided, the provisions of Article X shall apply.

(Ord. No. 4123, § 1(Res. No. 9596, Exh. A, § 4), 1-14-14)

(Ord. No. 4124, § 1(Res. No. 9599, Exh. A, § 2), 1-14-14)

Editor's note— Ord. No. 4124, § 1(Res. No. 9599, Exh. A, § 1), adopted Jan. 14, 2014, repealed §§ 5.2600—5.2608. Section 2 of said exhibit enacted provisions designated new §§ 5.2600—5.2612. Prior to inclusion of said ordinance, said provisions pertained to similar subject matter. See also the Code Comparative Table.

This district is intended to provide for regional shopping, business, and residential uses within a planned center serving a broad region. The Planned Regional Center (PRC) development should be pedestrian oriented with complementary mixed uses that are carefully interrelated by site design.

(Ord. No. 4124, § 1(Res. No. 9599, Exh. A, § 2), 1-14-14)

A.

Minimum: Twenty-five (25) acres of gross lot area.

(Ord. No. 4124, § 1(Res. No. 9599, Exh. A, § 2), 1-14-14)

A.

The zoning district map amendment application shall be accompanied by a Development Plan as provided in Article VII.

(Ord. No. 4124, § 1(Res. No. 9599, Exh. A, § 2), 1-14-14; Ord. No. 4164, § 1(Res. No. 9856, § 1, Exh. A, § 35), 8-25-14)

A PRC District shall be developed in conformance with the approved Development Plan and Development Master Plans as provided in Article VII.

(Ord. No. 4124, § 1(Res. No. 9599, Exh. A, § 2), 1-14-14)

A.

Permitted uses. Buildings, structures, or premises shall be used and buildings and structures shall hereafter be erected, altered, or enlarged only for the following uses:

1.

Any use shown as permitted in Table 5.2605.A., subject to the limitations as listed.

B.

Uses permitted by conditional use permit.

1.

Any use shown as permitted by conditional use permit in Table 5.2605.A., subject to the limitations as listed.

C.

Drive-through and drive-in services are not permitted in the Old Town Area.

Table 5.2605.A. Use Table

Use Limitations:

(1)

Big box retail sales are not allowed in the Environmentally Sensitive Lands Overlay District and are subject to a Conditional Use Permit if:

a.

Primary access is from a local residential street, or

b.

Residential property is located within one thousand three hundred (1,300) feet of the big box property line, except where the residential property is developed with nonresidential uses or separated from the big box by the Loop 101 Pima Freeway.

(2)

Uses are allowed except in the AC-3 area as described in the City's procedures for development near the Scottsdale Airport and Chapter 5 of the Scottsdale Revised Code, as amended.

(3)

Educational services, elementary and secondary school, are subject to the following standards:

a.

The facility shall be located not less than five hundred (500) feet from any adult use.

b.

The net lot area for the facility shall be a minimum of forty-three thousand (43,000) square feet.

c.

The facility shall not have outdoor speaker systems or bells.

d.

A maximum of one-third (⅓) of the required parking may be shared parking with other uses located within six hundred (600) feet of the building front entrance.

e.

Outdoor playgrounds and recreation areas shall be:

i.

Located not less than fifty (50) feet from any residential district shown on Table 4.100.A., or the residential portion of a Planned Community P-C, or any portion of a Planned Residential Development PRD with an underlying zoning district comparable to the residential districts shown on Table 4.100.A;

ii.

Located within the rear or side yard; and

iii.

Enclosed and screened by a six-foot tall wall or fence.

f.

A drop-off area accommodating a minimum of five (5) vehicles shall be located along a sidewalk or landing area connected to the main entrance to the facility. This area shall not include internal site traffic aisles, parking spaces, or fire lanes.

g.

Public trails or pedestrian connections shall link to the front door of the main building, subject to Development Review Board approval.

h.

The circulation plan shall show minimal conflicts among the student drop-off area, any vehicle drop-off area, parking, access driveways, pedestrian and bicycle paths on site.

i.

Facilities located in the AC-2 area, described in the City's procedures for development near the Scottsdale Airport and Chapter 5 of the Scottsdale Revised Code, as amended, shall be constructed with sound transmission requirements of the International Building Code (IBC).

(4)

Residential health care facilities.

a.

Specialized residential health care facilities.

i.

The number of beds shall not exceed eighty (80) per acre of gross lot area of the Development Plan.

b.

Minimal residential health care facilities.

i.

The number of units shall not exceed forty (40) dwelling units per acre of gross lot area of the Development Plan.

(5)

Vehicle leasing, rental or sales.

a.

Required parking shall not be used for vehicle storage.

(6)

Veterinary and pet care services are permitted if all facilities are within a soundproof building. However, outdoor activities are permitted if:

a.

An employee or pet owner shall accompany an animal at all times when the animal is outside the building.

b.

The property owner and operator maintain all outdoor areas in a clean and sanitary condition, including immediate and proper disposal of animal waste.

c.

The outdoor areas are set back at least one hundred (100) feet from any lot line adjacent to a residential district shown on Table 4.100.A., or the residential portion of a Planned Community P-C, or any portion of a Planned Residential Development PRD with an underlying zoning district comparable to the residential districts shown on Table 4.100.A., measured from the property boundary to the zoning district line all within the City limits.

d.

There is no outdoor kennel boarding.

(7)

Multifamily Conversion permitted subject to the requirements of Sec. 7.1300.

(Ord. No. 4124, § 1(Res. No. 9599, Exh. A, § 2), 1-14-14; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 103), 5-6-14; Ord. No. 4629, § 1(Res. No. 13058, § 1(Exh. A, § 4)), 2-20-24; Ord. No. 4651, § 1(Res. No. 13253, § 1(Exh. A, § 3)), 11-25-24, eff. 4-22-25)

The following property development standards shall apply to all land and buildings in the PRC District.

A.

Density.

1.

Dwelling units (excluding residential health care facilities). Maxi mum: Twenty-one (21) units per acre of gross lot area of the Development Plan.

B.

Floor area ratio.

1.

Nondensity based land uses. Maximum: 0.80 of the net lot area of the Development Plan.

2.

Dwelling units. Maximum: Fifty (50) percent of the gross floor area of the Development Plan's nondensity based land uses.

C.

Building height (excluding rooftop appurtenances). Maximum: Sixty (60) feet.

D.

Required open space.

1.

Open space.

a.

Minimum 0.10 multiplied by the net lot area of the Development Plan.

b.

For building heights over twelve (12) feet: the minimum open space requirement plus 0.004 multiplied by the net lot area of the of the Development Plan for each foot of building height over twelve (12) feet.

c.

Not required to exceed 0.20 multiplied by the net lot area of the Development Plan.

d.

Open space is distributed as follows:

i.

Frontage open space minimum: 0.25 multiplied by the required open space, except as follows:

(1)

At least thirty (30) square feet per one (1) linear foot of public street frontage.

(2)

Not required to exceed fifty (50) square feet per one (1) linear foot of public street frontage.

(3)

This does not include the open space in Section 5.2608.C.1.d. required for amended development standards.

2.

Courtyard minimum: 0.01 multiplied by the net lot area of the Development Plan.

a.

The courtyard is in addition to open space.

b.

A portion of the planned regional center shall be oriented toward and open onto a courtyard.

c.

The courtyard shall be enclosed by buildings on at least three (3) sides.

d.

The Development Review Board may waive the courtyard if the Board finds that a suitable alternative design is presented.

3.

Parking areas and parking lot landscaping are not included in the required open space.

4.

NAOS may be included in the required open space.

E.

Setbacks and stepbacks adjacent to a residential district boundary.

1.

Adjacent to a residential district boundary shown on Table 4.100.A., or the residential portion of a Planned Community P-C, or any portion of a Planned Residential Development PRD with an underlying zoning district comparable to the residential districts shown on Table 4.100.A.:

a.

Setback minimum: Fifty (50) feet measured from the residential district boundary.

b.

Stepback plane: incline at a ratio of 1:2 beginning thirty-six (36) feet above grade at the minimum setback. See Example 5.2606.E.1.

F.

Stepbacks where not adjacent to a residential district boundary.

1.

Not adjacent to a residential district boundary shown on Table 4.100.A., or the residential portion of a Planned Community P-C, or any portion of a Planned Residential Development PRD with an underlying zoning district comparable to the residential districts shown on Table 4.100.A.:

a.

Front yard.

i.

The stepback at the perimeter of the Development Plan shall incline at a ratio of 1:2 beginning thirty-six (36) feet above the property line. See Example 5.2606.F.1.

b.

Side and Rear Yards.

i.

The stepback at the perimeter of the Development Plan shall incline at a ratio of 2:1 beginning thirty-six (36) feet above the property line. See Example 5.2606.F.2.

G.

Screening.

1.

All operations and storage shall be conducted within a completely enclosed building or within an area contained by a wall or fence as determined by Development Review Board approval.

(Ord. No. 4124, § 1(Res. No. 9599, Exh. A, § 2), 1-14-14)

A.

Purpose. Building height may be amended to encourage creativity and enhancement of the built environment through the inclusion of a freestanding ornamental monument.

B.

Maximum height: subject to City Council approval.

C.

Additional development standards and requirements.

1.

The monument shall be accessible by pedestrians.

2.

The monument shall not include signs.

3.

The portion of the monument above sixty (60) feet in building height shall not include habitable space.

4.

The monument shall be integrated with the Development Plan components including but not limited to the Development Program, Conceptual Open Space Plan, Transitions Plan, Parking Plan, and Special Impacts Analysis (Lighting Program, View and Shading Analysis).

D.

Process.

1.

Before the first Planning Commission hearing on a freestanding ornamental monument height, the Development Review Board shall make a recommendation to the Planning Commission regarding the proposal based on the following criteria.

a.

The height and location of the monument shall relate to the context and character of the site and surrounding area and not be intrusive.

b.

The monument shall respond to Scottsdale's history and location within the Sonoran Desert environment.

c.

The monument shall be designed as a focal point for the Development Plan project area.

d.

The monument is a signature piece that serves as a community amenity by contributing to the experience of place, offering a visual amenity, exhibiting relationships to the community's cultural or historical heritage and environmental location, or that adds to the city's quality of life for residents and visitors.

2.

The Planning Commission shall consider the Development Review Board recommendation. The City Council shall consider the Development Review Board recommendation and Planning Commission recommendation.

(Ord. No. 4124, § 1(Res. No. 9599, Exh. A, § 2), 1-14-14)

A.

Purpose. The floor area ratio and building height development standards may be amended to encourage sensitivity to site conditions and provide flexibility in planning.

B.

Applicability. The Development Plan shall show the specific locations of the amended development standards.

C.

Maximum amended development standards.

1.

Floor area ratio.

a.

Maximum: 1.0 of the net lot area of all lots within the Development Plan boundary.

b.

A floor area ratio greater than 1.0 may be located on the portion of the Development Plan where the amended floor area ratio is located. However, the overall Development Plan shall not exceed a floor area ratio of 1.0.

2.

Building height (including rooftop appurtenances). Maximum: Ninety (90) feet.

D.

Additional requirements.

1.

The following requirements are applicable to the amended development standards where shown on the Development Plan:

a.

Vertically integrated mixed-use development is required.

b.

Non-density based use distribution: five percent of the total gross floor area shall be non-density based uses located within the story at grade.

c.

Density based uses or guest unit distribution. Minimum: Twenty (20) percent of the total gross floor area shall be density based uses or guest units, or a combination of the two.

d.

Open space.

i.

Additional: Equal to or greater than 0.05 multiplied by the land area where the amended development standards are located on the Development Plan.

ii.

Placement: The additional open space shall be placed in the same location as the amended development standards.

e.

Building massing at the perimeter of the Development Plan.

i.

Stepbacks adjacent to a residential district boundary.

(1)

Portions of buildings that are adjacent to a residential district boundary shown on Table 4.100.A., or the residential portion of a Planned Community P-C, or any portion of a Planned Residential Development PRD with an underlying zoning district comparable to the residential districts shown on Table 4.100.A. Minimum: Building height of sixty (60) feet or less is as required in Section 5.2606.E. Building heights greater than sixty (60) feet, the minimum is as follows: 1:1 vertical rise to horizontal run, beginning at the point where the sixty (60) feet of building height can be located. See Example 5.2608.D.1.

ii.

Stepbacks where not adjacent to a residential district boundary.

(1)

Front yard. Minimum: Building height of sixty (60) feet or less is as required in Section 5.2606.F.1.a. Building heights greater than sixty (60) feet, the minimum is as follows: 1:1 vertical rise to horizontal run, beginning at the point where the sixty (60) feet of building height can be located. See Example 5.2608.D.2.

(2)

Side and rear yards. Minimum: Building height of sixty (60) feet or less is as required in Section 5.2606.F.1.b. Building heights greater than sixty (60) feet, the minimum is as follows: 2:1 vertical rise to horizontal run, beginning at the point where the sixty (60) feet of building height can be located. See Example 5.2608.D.3.

iii.

Building facade length. Maximum: Two hundred (200) feet without an offset or recess in the building wall plane.

iv.

Building facade offset or recess. Minimum: Twenty (20) feet in depth projecting away from the street for a minimum distance equivalent to twenty (20) percent of the building width, and angled between ninety (90) degrees and forty-five (45) degrees to the building wall plane.

f.

Parking.

i.

Underground parking structures are required and shall be integrated into the building as determined by the Development Review Board.

ii.

Above-ground parking structures may be provided and shall be fully concealed from the public view through integration of the parking structure into the building and the use of architecturally integrated materials as determined by the Development Review Board.

E.

Process.

1.

Before the first Planning Commission hearing, the Development Review Board shall make a recommendation to the Planning Commission regarding the proposal based on the following criteria.

a.

The location and massing design of the proposed increase in height relate to the context and character of the site and surrounding area and are not intrusive.

b.

The development contributes to the future continuity of character area design concepts, corridor design guidelines, and other City design policies.

2.

The Planning Commission shall consider the Development Review Board recommendation. The City Council shall consider the Development Review Board recommendation and Planning Commission recommendation.

(Ord. No. 4124, § 1(Res. No. 9599, Exh. A, § 2), 1-14-14; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 104), 5-6-14; Ord. No. 4591, § 1(Res. No. 12797, § 1(Exh. A, § 2)), 6-13-23)

Unless otherwise provided, the provisions of Article VII shall apply.

(Ord. No. 4124, § 1(Res. No. 9599, Exh. A, § 2), 1-14-14)

The provisions of Article VIII shall apply except a master sign program shall be submitted with the development review application.

(Ord. No. 4124, § 1(Res. No. 9599, Exh. A, § 2), 1-14-14)

The provisions of Article IX shall apply.

(Ord. No. 4124, § 1(Res. No. 9599, Exh. A, § 2), 1-14-14)

Unless otherwise provided, the provisions of Article X shall apply.

(Ord. No. 4124, § 1(Res. No. 9599, Exh. A, § 2), 1-14-14)

Editor's note— Ord. No. 4080, § 1(Res. No. 9409, Exh. A, § 1), adopted May 14, 2013, repealed §§ 5.2700—5.2707. Section 2 of said exhibit enacted provisions designated as new §§ 5.2700—5.2709. Prior to inclusion of said ordinance, said provisions pertained to similar subject matter. See also the Code Comparative Table.

This district is intended to provide basic convenience goods shopping and services within walking distance of nearby residences. The district provides for retail and service establishments which supply commodities or perform services to meet the daily needs of the neighborhood.

(Ord. No. 4080, § 1(Res. No. 9409, Exh. A, § 2), 5-14-13; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 105), 5-6-14)

Maximum: one (1) acre of gross lot area.

(Ord. No. 4080, § 1(Res. No. 9409, Exh. A, § 2), 5-14-13)

Editor's note— Ord. No. 4164, § 1(Res. No. 9857, § 1, Exh. A, § 36), adopted Aug. 25, 2014, repealed § 5.2703 which pertained to development board approval and derived from Ord. No. 4080, § 1(Res. No. 9409, Exh. A, § 2), adopted May 14, 2013.

A.

Permitted uses. Buildings, structures, or premises shall be used and buildings and structures shall hereafter be erected, altered, or enlarged only for the following uses:

1.

Any use shown as permitted in Table 11.201.A., subject to the limitations as listed.

B.

Uses permitted by conditional use permit.

1.

Any use shown as permitted by conditional use permit in Table 11.201.A., subject to the limitations as listed, and any additional conditional use permit criteria.

(Ord. No. 4080, § 1(Res. No. 9409, Exh. A, § 2), 5-14-13; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 106), 5-6-14; Ord. No. 4404, § 1(Res. No. 11515, § 1(Exh. A, § 1)), 6-25-19)

The following property development standards shall apply to all land and buildings in the PCoC District:

A.

Density.

1.

Residential development physically integrated with business establishments.

a.

Maximum: Four (4.0) dwelling units per acre of gross lot area.

B.

Floor area ratio.

1.

Maximum: 0.20.

2.

Residential use floor area is not included in computing floor area ratio.

C.

Building height (excluding rooftop appurtenances). Maximum: Twenty-four (24) feet.

D.

Required open space.

1.

Common open space.

a.

Minimum: 0.24 multiplied by the net lot area.

b.

For building heights over twelve (12) feet. The minimum required open space plus 0.004 multiplied by the net lot area for each foot of building height over twelve (12) feet.

2.

Frontage open space minimum: 0.50 multiplied by the required common open space requirement.

3.

Parking areas and parking lot landscaping are not included in the required open space.

4.

NAOS requirements may be included in the required open space.

E.

Yards.

1.

Front yard.

a.

Minimum: the applicable front yard, or corner lot yard, residential district development standard where the PCoC district is on the same side of the street and is located within one hundred (100) feet of a residential lot zoned with a single-family residential district shown on Table 4.100.A., or the single-family residential portion of a Planned Community P-C, or any portion of a Planned Residential Development PRD with an underlying zoning district comparable to the single-family residential district shown on Table 4.100.A.

2.

Side and Rear Yards.

a.

Minimum: Twenty (20) feet, including up to one-half (½) of any alley width, where the property abuts a residential district shown on Table 4.100.A., or single-family residential portion of a Planned Community P-C, or any portion of a Planned Residential Development PRD with an underlying zoning dis trict comparable to a residential district shown on Table 4.100.A.

b.

Minimum: six (6) feet between any parking area and any residential district shown on Table 4.100.A., or a residential portion of a Planned Community P-C or any portion of a Planned Residential Development PRD with an underlying zoning district comparable to a residential district shown on Table 4.100.A.

F.

Screening.

1.

All operations and storage shall be conducted within a completely enclosed building or within an area contained by a wall or fence as determined by Development Review Board approval.

(Ord. No. 4080, § 1(Res. No. 9409, Exh. A, § 2), 5-14-13)

Unless otherwise provided, the provisions of Article VII shall apply.

(Ord. No. 4080, § 1(Res. No. 9409, Exh. A, § 2), 5-14-13)

The provisions of Article VIII shall apply.

(Ord. No. 4080, § 1(Res. No. 9409, Exh. A, § 2), 5-14-13)

The provisions of Article IX shall apply.

(Ord. No. 4080, § 1(Res. No. 9409, Exh. A, § 2), 5-14-13)

Unless otherwise provided, the provisions of Article X shall apply.

(Ord. No. 4080, § 1(Res. No. 9409, Exh. A, § 2), 5-14-13)

(Ord. No. 4005, § 1(Res. No. 8947, Exh. A, § 138), 4-3-12)

This WP District shall be applied to sites of a minimum size of one hundred sixty (160) gross acres and is intended to provide for multi-purpose facility(ies) capable of accommodating a mixture of equestrian, recreation, convention meetings, conferences and/or major exhibitions, auction(s), trade show and other similar events for international to local sized group functions within a major southwestern themed park. The WP District also recognizes the importance of unique land uses in a campus/theme park setting to Scottsdale's economy and quality of life and it is the purpose of this WP District to provide for quality development; to encourage imaginative, innovative site planning and to balance the protection of the environment with the provision of unique land uses. These uses include, but are not limited to convention/tourism/conference centers, and cultural, educational, and recreational uses containing, within the limits outlined below, a broad variety of thematic recreational, entertainment and ancillary general commercial uses. These general commercial uses would be similar to those found in other commercial districts, which would lend themselves to a pedestrian atmosphere with adequate on-site facilities to accommodate diverse user groups and event sizes. The WP District would also encourage development in keeping with the natural amenities of its locale that preserves the unique resources of the facility. It is further intended to provide open space areas so that the uses are located and site improvements made to lessen the impact of more intense land uses from residential areas and so that highway frontage promotes a desirable image of the community.

(Ord. No. 2233, § 1, 5-2-89; Ord. No. 3758, § 1(Exh. 1), 11-6-07; Ord. No. 4005, § 1(Res. No. 8947, Exh. A, § 139), 4-3-12; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 107), 5-6-14)

Editor's note— Ord. No. 4164, § 1(Res. No. 9857, § 1, Exh. A, § 37), adopted Aug. 25, 2014, repealed § 5.2802 which pertained to approvals required and derived from Ord. No. 3225, § 1, adopted May 4, 1999, and Ord. No. 3758, § 1(Exh. 1), adopted Nov. 6, 2007.

The zoning district map amendment application shall be accompanied by a Development Plan as required in Article VII.

(Ord. No. 3758, § 1(Exh. 1), 11-6-07; Ord. No. 4048, § 1(Res. No. 9223, § 1(Exh. A, § 10), 11-14-12)

The uses allowed in the WP district are generally those cultural, educational, and theme park recreational/commercial uses which are thematic, together with open space and landscaped areas so that buildings, structures, or premises evoke a sense of place, appearance, and atmosphere of the American southwest.

Building structures or premises shall be used and buildings and structures shall hereinafter be erected, altered or enlarged only for the uses set forth in this section. Unless otherwise restricted by the approvals required herein, permitted uses shall include uses as defined below.

A.

Permitted uses. Permitted uses shall be allowed as indoor or outdoor uses and shall include the following:

1.

Retail sales.

a.

Antique store.

b.

Art gallery.

c.

Bookstore.

d.

Craft specialty retail shops conducted in conjunction with jewelry, leather goods, silk screening, sculpturing and wood carving, antiques, gifts, clothing, photography, candle making, flower making, belt making, belt buckle making, ceramics, and pottery.

e.

Feed store.

f.

Florist.

g.

Gift shop.

h.

Public auctions.

i.

Food and beverage facilities; restaurant excluding drive-through restaurant and excluding drive-in restaurant; and food facilities including ice cream making, candy making, and bakeries.

2.

Services.

a.

Accessory office, accessory postal service, and accessory banking service.

b.

Barbeque and cookout areas, which may include activities permitted in Section 5.2804.A.2.h., k., and u., and as indicated on the approved development plan.

c.

Dwelling units for employees.

d.

Equine racing, excluding pari-mutuel wagering.

e.

Events of limited duration which are consistent with the nature and intent of the Western Theme Park district excluding racing and other competitive events involving the operation of motorized vehicles.

f.

Fireworks, not later than 10:00 p.m.

g.

Gymnasium, racquet, paddle or handball courts.

h.

Horse rides, burro rides, hay rides, stagecoach rides, railroad train rides.

i.

Hospitals for animals including boarding and lodging; provided that there shall be no outdoor kennels maintained and provided that all facilities shall be in soundproof buildings.

j.

Live entertainment, patron dancing, performing arts, and western shows, such as mock gunfights, and similar activities.

k.

Livestock pens and stables.

l.

Merry-go-round.

m.

Mini-arcades, shooting galleries, gold panning.

n.

Movie studios, television and motion picture filming and production.

o.

Municipal uses.

p.

Private clubs, fraternities, sororities and lodges.

q.

Portable camping trailer; motor home; travel trailer; portable truck camper sites for temporary lodging. Lodging for a period not exceeding thirty (30) days shall be considered temporary.

r.

Travel accommodation.

s.

Restored or replica structures reminiscent of the historical American West.

t.

Rodeos, equine contests and expositions, equine training facilities.

u.

Shows and exhibits.

v.

Wedding chapel.

w.

Wireless communications facilities; Types 1, 2, and 3, subject to the requirements of Sections 1.906., 3.100. and 7.200.

3.

Convention, conference or exhibition centers. Facilities including large volume halls and rooms for conducting convention meetings, conferences, trade shows and/or major exhibitions and auctions.

4.

Cultural facilities.

a.

Museums. Facilities which display, store, restore, research, and educate in connection with collections of artwork, prehistoric and/or historic artifacts, relics, scientific or natural history and southwestern deserts.

b.

Performing and fine arts facilities. Facilities used for theaters for live and cinematic performance, training and rehearsal in performing and audio/visual arts, and recording studios, and/or facilities, including historic art complexes which include collaborative studios and galleries used for the creation, display and sale of fine art work including, but not limited to, paintings, sculpture and limited edition print work and seasonal fine art work festivals.

c.

Regional, scientific, historical, cultural and environmental interpretive centers. Facilities which provide education, research, and/or archives regarding regional historic or prehistoric themes, regional natural history themes, or scientific themes, including entertainment venues and features that are accessory to the primary uses.

B.

Use permitted by a conditional use permit.

1.

Community buildings and recreational facilities not publicly owned.

2.

Wireless communications facilities; Type 4, subject to requirements of Sections 1.400, 3.100 and 7.200.

C.

Ancillary uses. An ancillary use is defined to mean a use necessary to support the complete functioning of the primary uses. It is anticipated that ancillary uses could include but would not be limited to the following:

1.

Commercial uses;

2.

Office;

3.

Residential uses necessary for clients, employees, guests or students directly associated with the primary use;

4.

Service; and

5.

Specialty retail.

The Development Plan must include a statement of justification and a description of the nature and type of any proposed ancillary use. Any proposed ancillary use must be considered by the City Council (unless the below referenced administrative exception applies) at the time the development plan is approved or amended. Before the City Council approves any proposed ancillary use, it must first find that the ancillary use is necessary to support the complete functioning of the approved primary uses.

(Ord. No. 2430, § 1, 1-21-92; Ord. No. 3048, § 2, 10-7-97; Ord. No. 3103, § 1, 1-6-98; Ord. No. 3493, § 1, 3-4-03; Ord. No. 3758, § 1(Exh. 1), 11-6-07; Ord. No. 3926, § 1(Exh. § 12), 2-15-11; Ord. No. 3980, § 1(Res. 8895, § 1, Exh. A, § 26), 12-6-11; Ord. No. 4048, § 1(Res. No. 9223, § 1(Exh. A, § 11), 11-14-12; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 108), 5-6-14; Ord. No. 4288, § 1(Res. No. 10650, § 1, Exh. A), 11-14-16)

The following property development standards shall apply to all land and buildings in the WP District:

A.

Floor area ratio. Is limited to eight-hundredths (0.08) of the net lot area.

B.

Volume. Is limited to the net lot area in square feet multiplied by ninety-six-hundredths (0.096) feet for any building.

C.

Required open space.

1.

Total open space.

a.

Minimum: 0.10 multiplied by the net lot area.

2.

Total open space is distributed as follows:

a.

Frontage open space minimum: 0.50 multiplied by the required total open space.

b.

The remainder of the total open space, less the frontage open space, shall be common open space.

3.

Parking areas and parking lot landscaping are not included in the required open space.

4.

NAOS may be applied towards the required open space.

D.

Building height. No building shall exceed thirty-six (36) feet in height except as otherwise provided in article VII or as follows:

1.

Where the city council determines that the unique operating or structural characteristics of buildings, structures or other facilities located within the themed district justifies a height greater than thirty-six (36) feet, the city council may approve a greater height at the time the development plan is approved or amended, providing the city council finds that any one (1) of the following criteria have been met:

(a)

The approved development plan contains a use requiring an operational need for a single span building(s) requiring one hundred thousand (100,000) square feet or more of unobstructed floor space (having no interior structural supporting columns or walls) and the required structural roofing spans to accomplish this open area necessitate the increased building height; or

(b)

The approved development plan provides for underground or structured parking to be placed under a proposed building which raises the building pad and necessitates the increased building height; or

(c)

The approved development plan provides for preservation of historic or conservation areas within the development plan site, or provisions for public recreation facilities within the development plan site which reduces the area of developable land for buildings and necessitates the increased height to compensate for the reduced building pad area.

Any building height greater than sixty (60) feet shall be subject to the following additional requirement:

(1)

The maximum building height shall be stepped back from the edge of the property line at one (1) foot of vertical dimension for every three (3) feet of horizontal dimension as measured from the base height of sixty (60) feet.

F.

Density.

1.

Resorts shall provide not less than ten (10) guest rooms and/or dwelling units with a minimum gross land area of one thousand (1,000) square feet per unit within the area master planned for resort use.

G.

Yards.

1.

Front yard.

a.

No front yard is required except as required in this Subsection G.1. and Article VII.

b.

Refer to C.2.a. above, Frontage open space minimum.

c.

There shall be an area of open space, penetrated only by access drives and walks, between a street frontage and buildings, parking lots, or other activity areas.

2.

Side yard.

a.

A side yard of not less than three hundred (300) feet shall be maintained where the side of the lot abuts an alley which is adjacent to a single-family residential district shown on Table 4.100.A., or the single-family residential portion of a Planned Community P-C or any portion of a Planned Residential Development PRD with an underlying zoning district comparable to the single-family residential districts shown on Table 4.100.A. The three hundred (300) feet may include the width of the alley.

b.

A side yard of not less than three hundred (300) feet shall be maintained where the side lot abuts a multiple-family residential district. The three hundred (300) feet may include any alley adjacent to the multiple-family residential district.

3.

Rear yard.

a.

A rear yard of not less than three hundred (300) feet shall be maintained where the rear lot abuts a single-family residential district, or abuts an alley which is adjacent to the single-family residential district, shown on Table 4.100.A., or the single-family residential portion of a Planned Community P-C or any portion of a Planned Residential Development PRD with an underlying zoning district comparable to the single-family residential districts shown on Table 4.100.A. The three hundred (300) feet may include the width of the alley.

b.

A rear yard of not less than three hundred (300) feet shall be maintained where the rear lot abuts a multiple-family residential district. The three hundred (300) feet may include any alley adjacent to the multiple-family residential district.

4.

Operations and storage. Where feasible, operations and storage shall be conducted within a completely enclosed building or within an area contained by a wall or fence as determined by Development Review Board approval or development plan approval.

(Ord. No. 1840, § 1, 10-15-85; Ord. No. 2818, § 1, 10-17-95; Ord. No. 3758, § 1(Exh. 1), 10-30-07; Ord. No. 3879, § 1(Exh. § 21), 3-2-10; Ord. No. 4005, § 1(Res. No. 8947, Exh. A, §§ 140—142), 4-3-12)

The provisions of article IX shall apply.

(Ord. No. 2736, § 1, 3-7-95; Ord. No. 3758, § 1(Exh. 1), 10-30-07)

The provisions of article VIII shall apply.

(Ord. No. 3760, § 3, 11-6-07)

1.

Intrusive noise limits.

a.

Intrusive noise limits. Intrusive noise from park activity shall not create a noise level in excess of the ambient noise level or the exterior noise level standards, whichever is greater.

b.

Exterior noise level standards. In the event the ambient noise level within properties in proximity to the park is less than the following exterior noise level standards, the following exterior noise level standards shall apply as the intrusive noise level limit:

c.

Noise level duration categories. In consideration of these exterior noise standards, the theme park owner shall not allow the creation of any noise when the foregoing causes the noise level measured on any commercial or residential property in the general vicinity of the park, to exceed:

(1)

The exterior noise level standard for a cumulative period of more than thirty (30) minutes in any hours; or

(2)

The exterior noise level standard plus five (5) dB(A) for a cumulative period of more than fifteen (15) minutes in any hour; or

(3)

The exterior noise level standard plus ten (10) dB(A) for a cumulative period of more than five (5) minutes in any hour; or

(4)

The exterior noise level standard plus fifteen (15) dB(A) for a cumulative period of more than one (1) minute in any hour; or

(5)

The exterior noise level standard plus twenty (20) dB(A) for any period of time within an hour.

d.

Ambient noise level limit. In the event that the ambient noise level on the adjacent commercial or residential properties exceeds any of the first four (4) noise level categories above, the intrusive noise level limit for the cumulative period applicable to the category shall be increased to reflect the ambient noise level. In the event that the ambient noise level exceeds the fifth noise limit category, the maximum intrusive noise level limit shall be increased to reflect the maximum ambient noise level.

e.

Zone-to-zone intrusive noise level limit. In the event that the intrusive noise propagates from the theme park across commercial districts into residential districts, the noise level standard in the residential district shall apply as the intrusive noise level limit for the residential properties affected.

2.

Compliance requirements.

a.

Declaration of negligible park activity noise level. If a park activity is to be located within a structure or enclosure, or if, in the opinion of the architect, an activity is, by established precedent, known to produce a negligible noise level, such activity may be declared to produce negligible intrusive noise. For this category of activity, noise level estimates at the property line are not required. If, in the opinion of the development review board, such a declaration is not considered appropriate for an activity so declared, an acoustical analysis report shall be required.

b.

Identification of noise producing activity. The design drawings shall identify each item of activity not placed in the negligible noise level category, its location relative to property lines, and the estimate noise level at the property line that will be generated by the activity when operated during the course of its intended use.

c.

Acoustical analysis report. An acoustical analysis report, prepared under the supervision of a person experienced in the field of acoustical engineering and signed by the architect, shall be submitted with the application for a building permit. Such report shall be required for all activities declared by the architect or engineer or the development review board to generate noise levels which may exceed the limits specified in section 5.2808.1. The report shall indicate the level of noise to be produced by the activity and the method by which the noise is reduced to comply with the limits established in section 5.2808.1. Such methods may include, but shall not be limited to:

(1)

The use of noise barriers;

(2)

Enclosures or partial enclosures;

(3)

Structures including buildings;

(4)

Mufflers or silencers; and/or

(5)

Placement of the activity at a location where the ambient noise level at the property line is equal to or higher than that to be produced by noise from the activity.

d.

Noise control plan. A significant number of the activities and related noise control measures within the theme park require administrative controls. These include such controls as the hours of operation, selection of the location for noise producing events (cookouts, dancing, outdoor show, etc.), and the placement and adjustment of sound amplification equipment. The theme park owner shall provide the development review board with a noise control plan which indicates the methods by which the intrusive noise standards of section 5.2808.1 shall be met. This plan shall include the time-of-day, day-of-week, and seasonal variation for the operation of each of the activities (cookouts, dances, shows, exhibits, etc.) associated with the master plan and the specific plans for the theme park. In addition, the plan shall identify approved locations for the placement of sound amplification equipment, and it shall indicate the methods by which the park management will supervise and/or control the level of noise produced by such equipment as needed for compliance with the intrusive noise level limits of section 5.2808.1. Control methods shall include, but not be limited to:

(1)

Size and performance limitations on sound amplification equipment.

(2)

Band shells and/or noise barriers.

(3)

Appropriately designed baffles and/or horns.

(4)

Direct supervision of events and the control of equipment.

e.

Field testing. Only when inspection indicates that the installation and/or construction of the activity area is not in accordance with the approved design, or if the operation of the park activity is not in accordance with the approved noise control plan, field testing may be required. If such is the case, the Development Review Board may require the theme park owner to perform a field test and provide a test report. The test shall include measurements at representative locations along the property line or at approximate locations in proximity to the property line if obstructions exist. The height of the sound level meter shall be five (5) feet from the grade unless a more appropriate height is declared by the development review board to be representative of the measurement of the intruding noise. Measurements shall be obtained at locations at least ten (10) feet from existing structures and/or walls.

f.

Formal complaint. When a written complaint has been filed with the development review board regarding noncompliance with the intrusive noise limits provided in section 5.2808.1, a field test to resolve the complaint is required. The city shall retain an acoustical engineer to perform the field measurements needed.

3.

Declaration of noncompliance. The development review board shall declare a condition of noncompliance when park activity causes the noise level, when measured on any property in the general vicinity of the theme park, to exceed the intrusive noise level limits. Upon submitting such a declaration to the theme park owner, and after providing a reasonable period of time to comply, operation of the offending activity may be suspended and alterations may be required to create a condition of compliance. The development review board may require another test prior to declaring the item or items of equipment in compliance with the standard. In the event the tests show a condition of noncompliance with the intrusive noise level limits, the activity shall again be suspended.

4.

Exemptions.

a.

Construction. Noise sources associated with construction, repair, remodeling, or grading within the theme park are exempted from the provisions of this Zoning Ordinance, provided the construction activities take place between the hours of sunrise to sunset on weekdays, including Saturday, or at any time on Sundays, or a federal holiday.

b.

Emergency repairs. Noise sources associated with the emergency repair of power lines, water supplies, ventilation equipment, fences, guard rails, etc., are exempted from the provisions of this Zoning Ordinance.

c.

Fireworks display. Fireworks displays as limited in duration, hour-of-day and day-of-year by the City of Scottsdale, are exempted from the provisions of this Zoning Ordinance.

d.

Nonconformity. Noise producing structures, facilities, or activities legally established prior to the effective date of section 5.2808 which do not conform to the provisions of section 5.2808 shall be considered to be legally nonconforming. Such structures, facilities, or activities may continue in their nonconforming state and may make reasonable repairs and alterations.

Structural repairs, addition, enlargements, changes of occupancy may be made subject to complying with the provisions of section 5.2808 and all other provisions of this Zoning Ordinance.

5.

Definitions.

a.

Ambient noise level. Ambient noise level shall mean the all-encompassing noise associated with sources near and far within a given environment, usually being a composite of sounds from many sources. The ambient noise level shall be measured at the location and approximate time at which a comparison with the park activity is to be made and shall exclude the noise produced by the activities of the western theme park.

b.

Architect. An architect registered in the State of Arizona, who, by reason of his training and experience in the science and technology of acoustics or by reason of the advice obtained from an individual qualified in acoustics, is considered qualified to pass judgment on acoustical design, materials, and methods of construction for the attenuation of noise and the control of noise related activity. The qualifications of the architect and/or his engineer advisor relative to acoustical design, must be submitted to and found to be acceptable by the development review board.

c.

Cumulative period. Cumulative period shall mean an additive period of time composed of individual time segments which may be continuous or interrupted.

d.

Decibel. Decibel (dB) shall mean a unit or level which denotes the ratio between two (2) quantities which are proportional to power; the number of decibels corresponding to the ratio of two (2) amounts of power is ten (10) times the logarithm to the base ten (10) of this ratio.

e.

Emergency work. Emergency work shall mean any machinery, vehicle, or work used, employee, or performed in an effort to protect, provide, or restore safe conditions within the park for the patrons, or work by utilities when restoring utility service.

f.

Formal complaint. A written complaint submitted to the development review board alleging noncompliance with the intrusive noise limits of this Zoning Ordinance.

g.

Intrusive noise. Noise produced by park activity which propagates across the theme park property lines into residential or commercial districts.

h.

Noise level. Noise level shall mean the a-weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a referenced pressure of @ micronewtons per square meter.

i.

Park activity. Park activity shall mean all noise-producing activity involving fans, air conditioning, refrigeration units, pumps, compressors, motors, etc., and all activities associated with live or recorded music, and/or voice communications, either amplified or unamplified and all vehicle related noise including that generated by trucks, buses, rail vehicles (trains), motorcycles, stagecoaches, hay wagons, etc., and all people-related noise-producing activity such as singing, dancing, clapping, and/or crowd response.

j.

Sound level meter. Sound level meter shall mean an instrument meeting American National Standard Institute's standard (ANSI) S1.4-1971 for type 1 or type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.

k.

Sound pressure level. Sound pressure level in decibels of a sound shall mean twenty (20) times the logarithm to the base ten (10) of the ratio of sound to the reference pressure. The reference pressure shall be explicitly stated.

(Ord. No. 3225, § 1, 5-4-99; Ord. No. 3758, § 1(Exh. 1), 10-30-07; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, §§ 109—113), 5-6-14)

Unless otherwise provided, the provisions of Article X. apply.

(Ord. No. 2470, § 1, 6-16-92; Ord. No. 4005, § 1(Res. No. 8947, Exh. A, § 143), 4-3-12)

A WP District shall be developed in conformance with the approved Development Plan and Development Master Plans as provided in Article VII.

(Ord. No. 4048, § 1(Res. No. 9223, § 1(Exh. A, § 12), 11-14-12)

Editor's note— Ord. No. 3987, § 1(Res. No. 8948, § 1(Exh. A, § 18), adopted November 14 2012, repealed former §§ 5.3000—5.3090 and enacted new provisions designated as new §§ 5.3000—5.3008. Prior to inclusion of said ordinance, said provisions pertained to similar subject matter. See also the Code Comparative Table.

A.

The purpose of the D District is to provide use regulations and development standards to implement the Old Town Plan and the Old Town Scottsdale Urban Design & Architectural Guidelines. The Old Town Area is planned as a concentration of a variety of uses in a small geographic area. In order to support a high quality urban development pattern the D District is intended to:

1.

Preserve and protect the character of the diverse collection of vibrant mixed-use pedestrian-oriented districts;

2.

Promote an enhanced, pedestrian-oriented, streetscape environment on certain key streets in the Old Town Area;

3.

Encourage commercial and residential land uses that activate the streetscape;

4.

Create different building setback requirements that fit into the existing character of the district, the classification of the adjacent streets, and the multi-modal transportation network;

5.

Establish and enhance connectivity in and around the Old Town Area and districts, focusing on walkability, bicycling, and other modes of transportation;

6.

Incorporate contextually sensitive planning, architecture and urban design;

7.

Promote sustainability with sensitivity to the Sonoran Desert;

8.

Promote arts and culture;

9.

Support economic vitality; and

10.

Continue to have Old Town Scottsdale recognized as a premier destination.

(Ord. No. 3987, § 1(Res. No. 8948, § 1(Exh. A, § 18), 11-14-12; Ord. No. 4355, § 1(Res. No. 11190, § 2, Exh. A), 7-2-18; Ord. No. 4629, § 1(Res. No. 13058, § 1(Exh. A, § 5)), 2-20-24)

A.

The D District shall only be applied to property within the Old Town Area.

(Ord. No. 3987, § 1(Res. No. 8948, § 1(Exh. A, § 18), 11-14-12; Ord. No. 4629, § 1(Res. No. 13058, § 1(Exh. A, § 5)), 2-20-24)

A.

The Old Town Plan shows the following sub-districts on the Old Town Plan's Future Land Use map:

1.

Downtown Core (DC),

2.

Downtown Civic Center (DCC),

3.

Downtown Medical (DM),

4.

Downtown Multiple Use (DMU), and

5.

Downtown Regional Use (DRU).

B.

Prior sub-district designations.

1.

Properties with previous designation of Downtown Multiple-Use. Properties designated as Downtown Multiple-Use but not zoned Downtown District prior to March 21, 2024 and thereafter designated as Downtown Core in the Old Town Plan shall comply with the Future Land Use Map within the Old Town Plan and the regulations set forth by Sec. 5.3004. Provided, however, that any development application for a zoning district map amendment for such a property determined to be administratively complete on or before September 30, 2024 may elect to comply with the previous designation of Downtown Multiple-Use or Downtown Core and previous regulations set forth in Sec. 5.3004. Said application must be diligently pursued such that a decision regarding rezoning is rendered by the City Council no later than March 21, 2027. If no decision has been rendered by the City Council by that date, the development application shall be deemed withdrawn and any further development application for such property shall comply with the Future Land Use Map within the Old Town Plan and the then current regulations set forth in Sec. 5.3004.

(Ord. No. 3987, § 1(Res. No. 8948, § 1(Exh. A, § 18), 11-14-12; Ord. No. 4355, § 1(Res. No. 11190, § 2, Exh. A), 7-2-18; Ord. No. 4629, § 1(Res. No. 13058, § 1(Exh. A, § 5)), 2-20-24)

Editor's note— Ord. No. 4355, § 1(Res. No. 11190, § 1, Exh. A), adopted July 2, 2018, renumbered §§ 5.3004 and 5.3005 as §§ 5.3004 and 5.3005.

A.

Changes to properties after December 31, 2012 shall comply with the regulations of the sub-districts shown in Table 5.3004.A.

B.

Drive-through and drive-in services are not permitted in the Old Town Area.

C.

Temporary buildings, structures and mobile vendors are only allowed on a property as accessory to construction work on the property, and shall be promptly removed upon completion of construction work or the Zoning Administrator's request.

D.

Downtown District Land Use Table.

1.

Permitted uses. Buildings, structures, or premises shall be used and buildings and structures shall hereafter be erected, altered, or enlarged only for the following uses:

a.

Any use shown as permitted (P) in Table 5.3004.D., subject to the limitations as listed.

2.

Uses permitted by conditional use permit.

a.

Any use shown as permitted by conditional use permit (CU) in Table 5.3004.D., subject to the limitations as listed, and any additional conditional use permit criteria.

(Ord. No. 3987, § 1(Res. No. 8948, § 1(Exh. A, § 18), 11-14-12; Ord. No. 4099, § 1(Res. No. 9439, Exh. A, §§ 4, 5), 6-18-13; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 114), 5-6-14; Ord. No. 4355, § 1(Res. No. 11190, § 2, Exh. A), 7-2-18; Ord. No. 4629, § 1(Res. No. 13058, § 1(Exh. A, § 5)), 2-20-24)

Editor's note— See editor's note for § 5.3003.

A.

The Old Town Plan shows the following development types on the Old Town Plan Development Types Maps:

1.

Type 1,

2.

Type 2,

3.

Type 2.5, and

4.

Type 3.

(Ord. No. 4355, § 1(Res. No. 11190, § 2, Exh. A), 7-2-18; Ord. No. 4629, § 1(Res. No. 13058, § 1(Exh. A, § 5)), 2-20-24)

A.

Prior Development Types.

1.

Properties zoned Type 1.5 before December 31, 2012. Changes to properties zoned Type 1.5 after December 31, 2012 shall comply with the regulations of the Type 2 development type.

2.

Properties zoned Downtown Medical - Type 2 and Downtown Regional Use - Type 2 before May 22, 2018. Changes to properties zoned Downtown Medical - Type 2 and Downtown Regional Use - Type 2 after May 22, 2018 shall comply with the regulations of the Type 3 development type.

3.

Properties zoned Downtown District prior to March 21, 2024. Properties zoned Downtown District prior to March 21, 2024 may elect to comply with the Existing Downtown Development Types Map within the Old Town Plan and the existing regulations set forth in Sec. 5.3006 provided that a completed development application is filed on or before March 21, 2027. Said application must be diligently pursued such that a decision upon the application by the City Council is rendered no later than March 21, 2028. If no decision has been rendered by the City Council by that date, the development application shall be deemed withdrawn and any further development application for such property shall comply with the Future Downtown Development Types Map within the Old Town Plan and the then current regulations set forth in Sec. 5.3006. If a property has not received a determination by City Council to apply the Downtown Development Type 2.5 zoning by March 21, 2028, then the Downtown Development Type 2.5 zoning may not be requested on any future development application request.

4.

Properties not zoned Downtown District prior to March 21, 2024. Properties that are not zoned Downtown District prior to March 21, 2024 shall comply with the Future Downtown Development Types Map within the Old Town Plan and the then current regulations set forth by Sec. 5.3006. Provided, however, that any development application for a property for a zoning district map amendment change to Downtown District determined to be administratively complete before September 30, 2024 may elect to comply with the Existing Downtown Development Types Map within the Old Town Plan and the existing regulations set forth by Sec. 5.3006. Said application must be diligently pursued such that a decision regarding rezoning by the City Council is rendered no later than March 21, 2027. If no decision has been rendered by the City Council by that date, the development application shall be deemed withdrawn and any further development application for such property shall comply with the Future Downtown Development Types Map within the Old Town Plan and the then current regulations set forth in Sec. 5.3006. If a property has not received a determination by City Council to apply the Downtown Development Type 2.5 zoning by March 21, 2028, then the Downtown Development Type 2.5 zoning may not be requested on any future development application request.

B.

Density, building height, and gross floor area ratio (GFAR) maximums.

1.

Density shall not exceed fifty (50) dwelling units per acre of gross lot area.

2.

Building height(s) shall not exceed the building height maximum set forth in Table 5.3006.B. for the applicable Downtown District development type. Building height maximum shall be inclusive of all rooftop appurtenances. The additional height regulations of Article VII. shall not apply.

3.

GFAR shall not exceed 1.3 without an approved bonus. GFAR shall not exceed 2.0 after application of any bonus(es) outlined in Table 5.3008.B.

C.

Setbacks from public streets, except alleys.

1.

The minimum setback from public streets (except alleys) is shown in Table 5.3006.C. The setback is measured from the back of curb.

2.

The adjustment of front yard requirements in Article VII. does not apply.

D.

Setbacks from major intersections.

1.

On each corner of an intersection designated as an Old Town Major Intersection in the Old Town Plan, the property owner shall provide at least 2,500 square feet of open space at grade and up to a height of 30 feet. The open space shall be located within 70 feet of the intersection of the property lines at the corner. Those major intersections include:

a.

East Camelback Road and North Goldwater Boulevard.

b.

East Camelback Road and North Scottsdale Road.

c.

East Indian School Road and North Goldwater Boulevard.

d.

East Indian School Road and North Drinkwater Boulevard.

e.

East Second Street and North Goldwater Boulevard.

f.

East Second Street and North Drinkwater Boulevard.

E.

Setbacks from a Single-family Residential District.

1.

The minimum setback is:

a.

Ten feet from a Single-family Residential District.

b.

Ten feet from an alley that abuts a property zoned with a Single-family Residential District, measured from the center of the alley.

c.

Exception. The setback from a Single-family Residential District, shall not apply to properties abutting the Arizona Canal.

2.

Walls and fences up to a height of eight (8) feet are allowed on the property line, or within the required setback above, if the wall or fence is at least ten (10) feet from the center of an alley.

F.

Building location.

1.

A building adjacent to a public street (except alleys) shall be located as follows:

a.

In a Type 1 Area, at least fifty (50) percent of the:

i.

Length of the building façade shall be located at the minimum setback; and

ii.

Area of the building façade at grade and up to a height of thirty (30) feet shall be located at the minimum setback.

b.

In a Type 2 Area, a Type 2.5 Area, or a Type 3 Area, at least twenty-five (25) percent of the:

i.

Length of the building façade shall be located at the minimum setback; and

ii.

Length of a building façade at grade and up to a height of thirty (30) feet shall be set back at least ten (10) additional feet; and

iii.

Area of the building façade at grade and up to a height of thirty (30) feet shall be located at the minimum setback.

2.

Where the building location requirements in Subsection 5.3006.F.1. above cannot be met due to the location of the street line, the following shall apply:

a.

In a Type 1 Area, at least fifty (50) percent of the:

i.

Length of the building façade shall be located at the street line; and

ii.

Area of the building façade at grade and up to a height of thirty (30) feet shall be located at the street line.

b.

In a Type 2 Area, a Type 2.5 Area, or a Type 3 Area, at least twenty-five (25) percent of the:

i.

Length of the building façade shall be located at the street line; and

ii.

Length of the building façade at grade and up to a height of thirty (30) feet shall be set back at least ten (10) additional feet; and

iii.

Area of the building façade at grade and up to a height of thirty (30) feet shall be located at the street line.

3.

In a Type 2 Area, a Type 2.5 Area, or a Type 3 Area, a building with a building façade length of two hundred (200) feet or more shall be located to achieve a prevailing setback shown in Table 5.3006.F. The building façades on a corner lot are calculated separately, and not added together.

4.

The prevailing setback is equal to the area between the back of curb and the building façade, divided by the length of the building, as shown in Example 5.3006.F.

G.

Private outdoor living space.

1.

All dwelling units shall include private outdoor living space located beside the dwelling unit.

2.

Each private outdoor living space shall be at least six (6) feet deep and sixty (60) square feet in area.

H.

Stepbacks.

1.

Property in a Type 1 Area:

a.

The stepback plane shall incline at a ratio of 1:1, beginning thirty (30) feet above the minimum setback from (i) a public street (except alleys), (ii) the rear property line (except alleys), and/or (iii) a property line abutting an alley.

2.

Property in a Type 2 Area, a Type 2.5 Area, or a Type 3 Area adjacent to or abutting a Type 1 Area:

a.

The stepback plane shall incline at a ratio of 1:1, beginning thirty (30) feet above the minimum setback from (i) a public street (except alleys), where the public street abuts a Type 1 Area (ii) a property line that abuts a Type 1 Area, and/or (iii) a property line abutting an alley that abuts a Type 1 Area.

b.

The stepback plane shall incline in conformance with the applicable requirements of this section for property lines that do not abut (i) a Type 1 Area, or (ii) an alley that abuts a Type 1 Area.

3.

Property in a Type 2 Area or a Type 2.5 Area not described above:

a.

The stepback plane shall incline at a ratio of 1:1, beginning thirty (30) feet above the minimum setback from (i) a public street (except alleys), and (ii) all other property lines, to forty-five (45) feet; and beginning at forty-five (45) feet, incline at a ratio of 2:1.

4.

Property in a Type 3 Area not described above:

a.

The stepback plane shall incline at a ratio of 2:1, beginning forty-five (45) feet above the minimum setback from (i) a public street (except alleys), and (ii) all other property lines.

5.

Old Town Boundary—additional requirements for property in a Type 2 Area, a Type 2.5 Area, or a Type 3 Area:

a.

Where the Old Town Boundary abuts a Single-family Residential District. or an alley that abuts a Single-family Residential District.

i.

The stepback plane shall incline at a ratio of 1:1, beginning fifteen (15) feet above the setback line to forty-five (45) feet; and beginning at forty-five (45) feet, incline at a ratio of 1:3.

b.

Where the Old Town Boundary abuts a public street (except alleys), the stepback plane shall incline at a ratio of 1:1, beginning thirty (30) feet above the minimum setback from the public street (except alleys) to forty-five (45) feet; and beginning at forty-five (45) feet, incline at a ratio of 1:3.

c.

Where the Old Town Boundary does not abut a Single-family Residential District. or abuts an alley that does not abut a Single-family Residential District.

i.

The setback shall be ten (10) feet from the centerline of the alley.

ii.

The stepback plane shall incline at a ratio of 1:1, beginning thirty (30) feet above the setback line from the alley and thirty (30) feet above all other property lines to forty-five (45) feet; and beginning at forty-five (45) feet, incline at a ratio of 1:3.

6.

If there is a conflict at the intersection of the stepback planes, the more gradual slope controls.

I.

Exceptions to building location, setback, prevailing setback, and stepback standards.

1.

As outlined in Subsections 5.3006.1.2 through 5.3006.I.6. below, and except as provided in Subsection 5.3006.I.7. below, certain exceptions to building location, setback, prevailing setback, and stepback standards are allowed if the Development Review Board finds the exceptions conform to:

a.

The Old Town Plan and Old Town Scottsdale Urban Design & Architectural Guidelines; and

b.

The sight distance requirements of the Design Standards and Policy Manual.

2.

Subject to design approval by the Development Review Board, the following exceptions to building location, setback and stepback standards are allowed for:

a.

A maximum of five (5) feet for cornices, eaves, parapets and fireplaces.

b.

A maximum of seven (7) feet for canopies and other covers over windows, balconies, patios, and terraces.

c.

Balcony walls and railings with a maximum inside height of forty-five (45) inches.

d.

Uncovered terraces and patios at and below grade.

e.

Covers directly above sidewalks, including galleries, arcades, uncovered balconies, uncovered patios, and uncovered terraces.

3.

Subject to design approval by the Development Review Board, in a Type 2 Area, a Type 2.5 Area, or a Type 3 Area, a maximum fifteen (15) feet exception to stepback and setback standards above the first floor (not specified in 1.2. above), is allowed for projections that:

a.

Are less than fifty (50) percent of the length of the segment of the building façade where the projections occur; and

b.

Are less than thirty-three (33) percent of the surface area of the segment of the building façade where the projections occur.

4.

Subject to design approval by the Development Review Board, an exception to the stepback standard is allowed for stairwells and elevator shafts.

5.

If forty (40) percent or more of the existing buildings on the street frontage are nearer to the curb than the requirement of Table 5.3006.C., the minimum setback from public streets (except alleys) may be reduced to be equal to the average prevailing setback of all buildings on the same frontage; however, in a Type 2 Area, Type 2.5 Area, or a Type 3 Area the reduced setback shall not be less than sixteen (16) feet from the back of curb.

6.

If forty (40) percent or more of the existing buildings on the street frontage are nearer to the curb than the requirement of Table 5.3006.F., the prevailing setback of a building with a building façade length of two hundred (200) feet or more may be reduced to be between five (5) feet and fifteen (15) feet greater than the average of the prevailing setbacks of all existing buildings on the same frontage.

7.

Exceptions to setback, prevailing setback, or stepback standards are not allowed:

a.

To cross a property line; however, exceptions that encroach into the public street may be allowed, subject to the Scottsdale Revised Code.

b.

On the side or rear, where the property line abuts a Single-family Residential District or an alley that abuts a Single-family Residential District; however, a maximum five (5) feet exception to the stepback standard is allowed for stairwells, and elevator shafts, mechanical equipment and related screening, chimneys, parapets, and ridges of sloped roofs. This requirement does not apply to properties abutting the Arizona Canal.

c.

To increase the building height maximum.

J.

Shaded sidewalks.

1.

The property owner shall provide shaded sidewalks that conform to the Old Town Scottsdale Urban Design & Architectural Guidelines, subject to Development Review Board approval.

K.

Signs.

1.

The provisions of Article VIII. shall apply.

L.

Off-street parking.

1.

The provisions of Article IX. shall apply, except as provided below.

2.

Vehicle parking is prohibited in the required setback specified in Table 5.3006.C.

3.

The underground portion of a parking structure may be built to the property line.

4.

A development with dwelling units that is required to provide:

a.

Fifty (50) to two hundred (200) parking spaces for the dwelling units, shall provide at least ninety (90) percent of those parking spaces in a parking structure, podium parking, or tuck-under parking.

b.

Two hundred one (201) or more parking spaces for the dwelling units, shall provide at least ninety (90) percent of those parking spaces in a parking structure, excluding podium parking and tuck-under parking.

5.

The Development Review Board may approve an above-ground parking structure, podium parking and tuck-under parking adjacent to a public street if it finds that such parking conforms to the Old Town Plan and Old Town Scottsdale Urban Design & Architectural Guidelines.

M.

Landscaping.

1.

The provisions of Article X. shall apply.

(Ord. No. 3987, § 1(Res. No. 8948, § 1(Exh. A, § 18), 11-14-12; Ord. No. 4099, § 1(Res. No. 9439, Exh. A, §§ 6—9), 6-18-13; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, §§ 115—118), 5-6-14; Ord. No. 4355, § 1(Res. No. 11190, § 2, Exh. A), 7-2-18; Ord. No. 4629, § 1(Res. No. 13058, § 1(Exh. A, § 5)), 2-20-24)

A.

For development of a parcel with a gross lot area less than twenty thousand (20,000) square feet, the Development Review Board may reduce the setbacks and stepbacks of the underlying district up to ten (10) percent, if the reductions conform to the Old Town Plan and Old Town Scottsdale Urban Design & Architectural Guidelines.

B.

For development of a parcel with a gross lot area less than twenty thousand (20,000) square feet, the City Council may reduce the setbacks and stepbacks of the underlying district by ten (10) percent or more, if the reductions conform to the Old Town and Old Town Scottsdale Urban Design & Architectural Guidelines.

(Ord. No. 3987, § 1(Res. No. 8948, § 1(Exh. A, § 18), 11-14-12; Ord. No. 4629, § 1(Res. No. 13058, § 1(Exh. A, § 5)), 2-20-24)

A.

Purpose. The bonus provisions provide higher gross floor area ratios (GFAR) for properties zoned Downtown District that provide significant sustainable, high-quality urban design and other features, beyond those required by the City, to achieve the goals of the General Plan and Old Town Plan and increase the quality of life for the community.

B.

Gross Floor Area Ratio (GFAR) bonus.

1.

GFAR bonuses are as set forth in Table 5.3008.B., Gross Floor Area Ratio Bonuses.

C.

Bonus provision regulations.

1.

Underground parking structure. At least ninety (90) percent of the total required parking for the development shall be in an underground parking structure. Each phase of construction shall provide its pro rata share of required parking in an underground parking structure.

2.

Incorporation of dwelling units. The floor plan shall identify the amount and locations of floor area used exclusively for dwellings.

3.

Above-ground parking structure. At least ninety (90) percent of the total required parking shall be on the second floor or above in an above-ground parking structure. Each phase of construction shall provide its pro rata share of required parking in an above-ground parking structure.

4.

Downtown historic preservation. Where applicable, the Development Plan shall incorporate property zoned historic property, and include a Historic Preservation Plan.

(Ord. No. 3987, § 1(Res. No. 8948, § 1(Exh. A, § 18), 11-14-12; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, §§ 119, 120), 5-6-14; Ord. No. 4629, § 1(Res. No. 13058, § 1(Exh. A, § 5)), 2-20-24)

The purpose of the PCP District is to promote, encourage, and accommodate innovatively designed and master-planned mixed-use developments within the Greater Airpark Character Area. The PCP District should:

A.

Accommodate mixed-use commerce and employment centers.

B.

Provide a dynamic complement to employment cores with support retail, service, tourism, cultural, and residential uses.

C.

Promote an efficient and safe traffic circulation system through the inclusion of a mix of complementary uses and provisions for multiple modes of travel.

D.

Promote architectural excellence and creative design through development standards that create high quality character for structures, site plans, and streetscapes.

E.

Protect adjacent neighborhoods through strict development standards while encouraging innovative site planning and environmental sensitivity throughout the PCP District.

F.

Provide an open space framework of enhanced streetscapes, functional pedestrian spaces, enhanced view corridors and other public environmental amenities.

G.

Promote environmental stewardship and sustainability through the application of recognized and established environmentally responsible building techniques and desert appropriate design approaches.

(Ord. No. 4120, § 1(Res. No. 9585, Exh. A, § 1), 12-9-13)

The PCP District is only applicable to properties within the Greater Airpark Character Area Plan.

(Ord. No. 4120, § 1(Res. No. 9585, Exh. A, § 1), 12-9-13)

A.

Development Plan size requirement. Minimum: 2 acres of gross lot area.

B.

Zoning District Map Amendment Applications. An application for PCP zoning shall be accompanied by a Development Plan as required in Article VII.

C.

Development Master Plans. Developments within the PCP District that are developed in more than one phase shall submit Development Master Plans, as required in Article VII.

(Ord. No. 4120, § 1(Res. No. 9585, Exh. A, § 1), 12-9-13)

Editor's note— Ord. No. 4164, § 1(Res. No. 9857, § 1, Exh. A, § 39), adopted Aug. 25, 2014, repealed § 5.4004 which pertained to approvals required and derived from Ord. No. 4120, § 1(Res. No. 9585, Ex. A, § 1), adopted Dec. 9, 2013.

A.

A PCP District shall be developed in conformance with the approved Development Plan and other required Development Master Plans as provided in Article VII.

(Ord. No. 4120, § 1(Res. No. 9585, Exh. A, § 1), 12-9-13; Ord. No. 4356, § 1(Res. No. 11191, § 1, Exh. A), 7-2-18)

A.

The uses allowed in the PCP District are shown in Table 5.4006.A. with additional limitations on uses as listed. The land uses that correspond for each of the land use designations in the Greater Airpark Character Area Plan are as set forth in the sub-districts below in Table 5.4006.A. The land use designations depicted on the Greater Airpark Future Land Use Plan Map are:

1.

Airpark Mixed Use Residential (AMU-R)

2.

Airpark Mixed Use (AMU)

3.

Employment (EMP)

4.

Aviation (AV), and

5.

Regional Tourism (RT).

B.

Drive-through and drive-in services are not allowed in the PCP-AMU-R, PCP-EMP, PCP-AV and PCP-RT sub-districts. Drive-in services are not allowed in the PCP-AMU sub-district. Only drive-through services associated with a restaurant are allowed in the PCP-AMU subdistrict.

Use Limitations:

(1)

Limited to a site with frontage on a major collector or arterial street.

(2)

Limited to areas outside of the AC-3 area as described in the City's procedures for development near the Scottsdale Airport and in the Scottsdale Revised Code, Chapter 5 - Aviation, as amended.

(3)

Limited to a site with frontage onto an airport taxilane or taxiway.

(4)

Limited to a maximum of 50 percent of the ground floor building area of the Development Plan.

(5)

Limited to a maximum density of 40 dwelling units per acre of gross lot area of the Development Plan.

(6)

Limited to a sound transmission class of not less than 50 (45 if field tested) as provided in the International Building Code (IBC), and subject to fair disclosure requirements to notify property owners and tenants within the Airport Influence Area.

(7)

Restaurant, including drive-through restaurant but excluding drive-in restaurant, and/or financial institution including drive-through services are subject to the following standards:

a.

Any drive-through lane shall be screened by a minimum four (4) foot tall solid wall or combination of wall and dense landscaping. Any drive-through lane shall have a shade canopy provided over the drive-through at the restaurant and/or financial institution pick-up window.

b.

Any drive-through lane shall have a minimum setback of 75 feet from the street line along designated Scenic Corridors or Buffered Roadways as defined in the General Plan, or along designated Signature Corridors as defined within the Greater Airpark Character Area Plan, with a minimum 25-foot landscape buffer provided between the drive-through lane and the street line.

c.

Any drive-through lane shall have a minimum setback of 150 feet from a single-family residential district shown on Table 4.100.A., or the portion of a Planned Community (P-C) with an underlying zoning district comparable to the single-family residential districts shown on Table 4.100.A., or any Planned Residential Development (PRD) District.

d.

Any drive-through lane shall have a minimum 50-foot landscape buffer provided between any property line that abuts a residential district shown on Table 4.100.A., or the portion of a Planned Community (P-C) with an underlying zoning district comparable to the single-family residential districts shown on Table 4.100.A., or any Planned Residential Development (PRO) District.

(Ord. No. 4120, § 1(Res. No. 9585, Exh. A, § 1), 12-9-13; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 121), 5-6-14; Ord. No. 4356, § 1(Res. No. 11191, § 1, Exh. A), 7-2-18; Ord. No. 4376, § 1(Exh. A), 12-12-18; Ord. No. 4423, Exh. A, 9-24-19; Ord. No. 4471, § 1(Exh. 1), 11-10-20; Ord. No. 4619, § 1(Exh. A), 12-4-23)

A.

Floor area ratio. Maximum: 0.8 for the Development Plan.

B.

Building height (including all rooftop appurtenances).

1.

Maximum:

a.

54 feet if the Development Plan area is between 2.00 and 5.00 acres,

b.

62 feet if the Development Plan area is between 5.01 and 10.00 acres, and

c.

84 feet if the Development Plan area is more than 10.00 acres, except as provided below.

2.

Maximum near single family residential:

a.

42 feet within 300 feet of any single-family residential districts shown on Table 4.100.A., or the portion of a Planned Community (P-C) with an underlying zoning district comparable to the single-family residential districts shown on Table 4.100.A., or any Planned Residential Development (PRD) District.

3.

Rooftop appurtenances. These structures including the screening of them shall not cover more than 35 percent of the roof area of the building(s) in the Development Plan.

C.

Required open space.

1.

Total open space.

a.

Minimum: 25 percent of net lot area of the Development Plan.

2.

Parking areas and parking lot landscaping are not included in the required open space.

D.

Building setbacks.

1.

Front setback.

a.

Minimum: 25 feet along arterial and major collector streets.

b.

Minimum: 30 feet along minor collector and local streets.

2.

Measuring setbacks along streets. All setbacks shall be measured from the curb line along streets.

3.

Signature intersections. At the intersection of two streets, when both streets are classified as a major collector or arterial, there shall be a building setback triangle. The two equal sides of the triangle shall be 70 feet, starting from the point of intersection of the extension of the property lines at the corner. Within the triangle at least 50 percent of the area shall be shaded by structural or landscape materials.

4.

Side and rear setbacks.

a.

Abutting residential districts (as shown on Table 4.100.A., or the portion of a Planned Community (P-C) with an underlying zoning district comparable to the residential districts shown on Table 4.100.A., or a Planned Residential Development (PRD) District). (See Example 5.4007.E.1.)

i.

Minimum: 60 feet from any single-family residential district, and

ii.

Minimum: 30 feet from all other residential districts.

b.

Abutting nonresidential districts. (See Example 5.4007.E.2)

i.

Minimum: 15 feet.

E.

Stepback plane:

1.

Abutting single family districts (as shown on Table 4.100.A., or the portion of a Planned Community (P-C) with an underlying zoning district comparable to the single-family residential districts shown on Table 4.100.A., or a Planned Residential Development (PRD) District).

a.

Vertical to horizontal ratio: 1:2.5, beginning 6 feet above the PCP District boundary. (See Example 5.4007.E.1.)

2.

Other locations.

a.

Vertical to horizontal ratio: 1:1, beginning 38 feet above the setback line. (See Example 5.4007.E.2.)

3.

Minor amendments to achieve a more suitable Development Plan. Upon demonstration of significant sustainable, high-quality urban design and other features beyond those required by the City, the Zoning Administrator may approve up to a maximum of 10 percent deviation to the stepback plane requirements. Exception: Amendments cannot be applied to the requirements of Section 5.4007.E.1.

F.

Screening. All operations and storage shall be conducted within a completely enclosed building or within an area contained by a wall or fence as determined by Development Review Board approval.

(Ord. No. 4120, § 1(Res. No. 9585, Exh. A, § 1), 12-9-13; Ord. No. 4356, § 1(Res. No. 11191, § 1, Exh. A), 7-2-18)

A.

Applicability. The City Council may approve bonus development standards for property zoned PCP upon demonstration of noteworthy investments in sustainable, high-quality design and other features that provide public benefits, improve the quality of life in the community, and assist in achieving the goals and policies of the General Plan, Greater Airpark Character Area Plan, and City objectives, subject to the following criteria:

1.

Minimum Development Plan area: 4.00 acres of gross lot area.

2.

Limitations:

a.

Bonus development standards cannot be applied to any portion of a PCP District Development Plan that is less than 300 feet from a single family district (as shown on Table 4.100.A., or the portion of a Planned Community (P-C) with an underlying zoning district comparable to the single-family residential districts shown on Table 4.100.A., or a Planned Residential Development (PRD) District).

b.

Bonus development standards cannot be applied to any portion of a PCP District Development Plan that is within the AC-3 area shown on Figure 1, Airport Influence Area, in the Scottsdale Revised Code, Chapter 5—Aviation, as amended.

B.

Bonus development allowances. Subject to the maximum bonus development standards as provided below, the City Council may approve an increase of the floor area ratio (FAR) and/or an increase of the building height based upon the property owner providing Special Public Improvements as identified below and/or any other community benefit(s) approved by City Council as part of a Development Plan.

C.

Maximum bonus development standards:

1.

Floor area ratio.

a.

Maximum: 2.0 for the Development Plan.

2.

Building height (inclusive of all rooftop appurtenances).

a.

Maximum:

i.

Development Plan area of 4.00 to 5.00 acres of gross lot area: 92 feet.

ii.

Development Plan area of 5.01 to 10.00 acres of gross lot area: 104 feet.

iii.

Development Plan area of 10.01 to 15.99 acres of gross lot area: 116 feet.

iv.

Development Plan area of 16.00 acres or more of gross lot area: 134 feet.

v.

The total floor area(s) of any single floor above building heights greater than 92 feet shall not exceed 20% of the total ground floor building area of the Development Plan.

b.

Maximum near single-family residential. Maximum building height shall be 42 feet within 300 feet of any single-family residential district shown on Table 4.100.A., or the portion of a Planned Community (P-C) with an underlying zoning district comparable to the single-family residential districts shown on Table 4.100.A., or any Planned Residential Development (PRD) district.

D.

Allocation of bonus development standards. The Development Plan shall identify the specific allocation of bonus development standards and is subject to City Council approval.

E.

Special Public Improvements requirements. Development projects utilizing Special Public Improvements and/or other community benefit(s) to achieve bonus development standards shall comply with the Special Public Improvements requirements as outlined in Section 7.1200.

F.

Special conditions.

1.

Building materials: Reflective materials are limited to 60 percent of the building wall area for portions of a building located above a building height of 104 feet.

2.

Open Space. Minimum: 28 percent of the net lot area of the Development Plan receiving a bonus.

G.

Bonus development standards procedures.

1.

Any application of bonus development standards, or amendment to application of bonus development standards, shall be subject to City Council approval through a zoning district map amendment with a Development Plan. A development agreement is required with the utilization of Special Public Improvements and/or any other proposed community benefit(s).

a.

The Development Plan shall include a development project narrative that:

i.

Describes, in addition to other project narrative requirements, the bonus development standards sought, specifying the proposed floor area ratio and/or building height, as applicable,

ii.

Identifies how the development project will comply with the Special Public Improvements requirements and/or an analysis of any other proposed community benefit(s), as applicable, and

iii.

Provides the method and calculations for determining the Total Construction Cost Estimate, as outlined in Section 7.1200, as applicable.

b.

The development agreement shall be in a form satisfactory to the City Attorney and include, but not be limited to, the requirements outlined in Section 7.1200.

(Ord. No. 4120, § 1(Res. No. 9585, Exh. A, § 1), 12-9-13; Ord. No. 4356, § 1(Res. No. 11191, § 1, Exh. A), 7-2-18)

Except as otherwise provided, the provisions of Article VII apply.

(Ord. No. 4120, § 1(Res. No. 9585, Exh. A, § 1), 12-9-13)

The provisions of Article VIII apply. In lieu of using the PCP sign standards of Article VII, the property owner may choose to use signs allowed in the Planned Regional Center (PRC) District in the PCP District.

(Ord. No. 4120, § 1(Res. No. 9585, Exh. A, § 1), 12-9-13)

The provisions of Article IX apply.

(Ord. No. 4120, § 1(Res. No. 9585, Exh. A, § 1), 12-9-13)

The provisions of Article X apply.

(Ord. No. 4120, § 1(Res. No. 9585, Exh. A, § 1), 12-9-13)

(Ord. No. 4005, § 1(Res. No. 8947, Exh. A, § 158), 4-3-12)

The purpose of the planned unit development district is to promote the goals of the general plan, area plans, and design guidelines in areas of the city that are designated by the general plan for a combination of land uses in a mixed-use development pattern of either horizontal or vertical design. This zoning district recognizes that adherence to a traditional pattern of development standards, i.e. height, setback, lot coverage, space, bulk and use specifications contained elsewhere in this code would preclude the application of the more flexible PUD concept. Commercial, employment, hospitality, multi-family residential, and townhouse residential uses are encouraged to be provided with intensities and densities that promote a mix of day and nighttime activities. Developments within this district shall be compatible with development characteristics as expressed in the city's design standards and policies.

(Ord. No. 3854, § 3, 6-9-09)

A.

The zoning district map amendment application for the PUD District shall comply with the submittal requirements of Article I Administration and Procedures.

B.

The zoning district map amendment application for the PUD District shall be accompanied by a DP as provided in Article VII.

(Ord. No. 3854, § 3, 6-9-09; Ord. No. 3920, § 1(Exh. § 48), 11-9-10; Ord. No. 4048, § 1(Res. No. 9223, § 1(Exh. A, § 13), 11-14-12)

A.

PUD Zoning District approval criteria.

1.

As part of the approval or modified approval of an application for a PUD District, the Planning Commission shall recommend and the City Council shall find that the following criteria have been met:

a.

The proposed development promotes revitalization, the goals, policies, and guidelines of the General Plan, area plans, and design guidelines.

b.

The proposed development's uses, densities, or development standards would not otherwise be permitted by the property's existing zoning.

c.

The proposed development will be compatible with adjacent land uses and promotes the stability and integrity of abutting or adjacent residential neighborhoods.

d.

There is adequate infrastructure and city services to serve the development.

e.

The proposal meets the following location criteria:

i.

The proposed development is not located within any area zoned Environmentally Sensitive Lands Ordinance (ESL) nor within the boundaries of the Old Town Area.

ii.

The proposed development fronts onto a major or minor arterial and/or major collector street as designated in the Transportation Master Plan.

B.

Amended development standards.

1.

To encourage sensitivity to site conditions and provide flexibility in planning, development standards outlined in Section 5.5005., excluding C. Allowable building height and D. Exception to building height, may be amended upon recommendation by the Planning Commission and a finding by the City Council that the amended development standards achieve the purposes of the planned unit development district better than the existing standards.

C.

Development Plan (DP).

1.

Approval.

a.

Development Review Board considerations.

i.

The Development Review Board shall review the DP elements and make a recommendation to the Planning Commission, based on the following considerations:

(1)

The design contained in the DP is compatible with development in the area that it may directly affect and the DP provides a benefit to the city and adjacent neighborhoods.

(2)

The DP is environmentally responsive, incorporates sustainability principles, contributes to the city's design guidelines and design objectives, and that any deviations from the design guidelines must be justified by compensating benefits of the DP.

(3)

The DP will not significantly increase solar shading of adjacent land in comparison with a development that could be developed under the existing zoning district.

(4)

The DP promotes connectivity between adjacent and abutting parcels, and provides open spaces that are visible at the public right-of-way and useful to the development.

b.

Upon receiving a recommendation from the Development Review Board, the Planning Commission shall make a recommendation to the City Council for consideration of the DP.

2.

Amendments.

a.

Minor amendments to achieve a more suitable Development Plan.

i.

Minor amendments are allowed:

(1)

For a maximum of ten (10) percent of any DP element.

(2)

To adjust the location of uses shown on the DP.

ii.

Minor amendments do not include an increase above the building height(s) or exception to building height, density or intensity.

iii.

Minor amendments to the City Council approved DP may be approved by the Zoning Administrator as an administrative action.

b.

Major amendments.

i.

Major amendments are those that increase the building height(s), density, intensity, and/or that exceed ten (10) percent of any DP element.

ii.

Approval of any major amendments will require a public hearing in accordance with Article I of the Zoning Ordinance by the Planning Commission and the City Council. If the design elements are affected by the request to amend the DP, a public hearing by the Development Review Board shall be required. Upon receiving a recommendation from the Development Review Board, the Planning Commission shall make a recommendation to the City Council for consideration of the major amendment DP.

(Ord. No. 3854, § 3, 6-9-09; Ord. No. 3920, § 1(Exh. § 49), 11-9-10; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 122), 5-6-14; Ord. No. 4164, § 1(Res. No. 9857, § 1, Exh. A, § 40), 8-25-14; Ord. No. 4591, § 1(Res. No. 12797, § 1(Exh. A, § 3)), 6-13-23; Ord. No. 4629, § 1(Res. No. 13058, § 1(Exh. A, § 6)), 2-20-24)

A.

Permitted uses. All permitted uses of the Commercial Office (C-O) District and the Planned Regional Center (PRC) District, shall be permitted in the PUD District with horizontal and/or vertical combinations of mixed-uses. Residential uses shall be limited to multi-family dwellings and townhouses.

B.

Uses subject to conditional use permit. Subject to the approval of a conditional use permit, as specified in Article I, all uses subject to a conditional use permit of the Commercial Office C-O, excluding medical marijuana use, and the Planned Regional Center PRC, excluding a big box development greater than seventy-five thousand (75,000) square feet, may be permitted in the Planned Unit Development PUD District.

C.

Where there is a conflict between the Commercial Office (C-O) District and the Planned Regional Center (PRC) District provisions, the less restrictive provision shall apply.

(Ord. No. 3854, § 3, 6-9-09; Ord. No. 3923, § 1(Exh. § 5), 1-25-11; Ord. No. 3982, § 1(Res. No. 8902, Exh. A, § 5), 1-10-12)

A.

PUD development area.

1.

Gross acreage.

a.

The minimum gross site area of any PUD development shall be one-half (0.5) acre and the maximum gross site area shall be fifteen (15) acres, except as specified in Section 5.5005.A.1.b.

b.

When the PUD is the most appropriate district to achieve mixed-use development, the City Council may authorize a PUD development in a site area greater than fifteen (15) gross acres up to a maximum of twenty-five (25) gross acres.

B.

Density and intensity.

1.

The overall density of residential uses shall be established by the approved DP.

2.

The overall intensity of commercial uses shall not exceed 0.8 floor area ratio, except as provided in Section 5.5005.B.3.

3.

The City Council may approve intensity of commercial uses greater than 0.8 floor area ratio subject to any of the following criteria:

a.

The proposed DP provides improved dedicated public open space.

b.

The proposed DP provides a public parking facility(ies).

c.

The proposed DP provides shared parking as established in Article IX parking and loading requirements.

C.

Allowable building height.

1.

Building height:

a.

Shall be a maximum of forty-eight (48) feet, except as otherwise provided in Section 5.5005.D. and 5.5005.F.

D.

Exception to building height.

1.

Architecturally integrated features, such as roof top mechanical equipment for utility and communication purposes, elevator bulk head, stairwell, screen wall, railing, trellis and patio cover may exceed the building height up to ten (10) feet provided that the area within the said exceptions do not exceed a total of thirty (30) percent of a building's roof area. However, the City Council may approve either greater mechanical height or building roof area coverage where the DP and supporting materials demonstrate the allowable exception cannot reasonably be achieved.

2.

Architecturally integrated, active solar systems may exceed thirty (30) percent of a building's roof area subject to development review board approval.

3.

Roof top garden structures may exceed the building height up to five (5) feet.

_____

E.

Building setbacks.

1.

Minimum setback. Buildings adjacent to public and private streets shall be setback from the back of the planned curb line, including the planned curb line for bus bays and turn lanes, in accordance with Section 5.5005.E. Table A. The planned curb line, including the planned location for bus bays and turn lanes, shall be as described in the Transportation Master Plan and the Design Standards & Policies Manual.

Expand

TABLE A
BUILDING SETBACK FROM BACK OF THE PLANNED CURB ALONG STREETS
Street Classification Type and Use	Minimum Setback	Average Setback	Setback Diagram - This Illustrates Setbacks, Excluding Average Setback. Dimensions are for Illustrative Purposes.
Major and Minor Arterial - Residential on First Floor Adjacent to the Street	34 feet	40 feet
Major and Minor Arterial - Retail and Commercial on First Floor Adjacent to the Street	28 feet	32 feet
Major and Minor Collector, Local Streets, and Unclassified Streets (Including Private Streets but Excluding Alleys) - Residential on First Floor Adjacent to the Street	25 feet	30 feet
Major and Minor Collector, Local Streets, and Unclassified Streets (Including Private Streets but Excluding Alleys) - Retail and Commercial on First Floor Adjacent to the Street	23 feet	28 feet

 

2.

Average setback. The front building façade shall be placed to achieve an average setback as specified in Table A. The average setback shall be equal to the land area located between the planned curb line and the front building façade divided by the width of the front building façade.

3.

Designated scenic corridor or buffered setback. Where a designated scenic corridor or a buffered setback is existing or planned the setback shall be the required width of the designated scenic corridor or buffered setback. The Planned Unit Development (PUD) District average setback shall not apply.

F.

Building envelope.

1.

Starting at a point thirty-six (36) feet above the minimum building setback line, the building envelope inclined stepback plane shall slope upwards at 1:1 (ratio of the vertical rise to the horizontal run) to a point measured forty-eight (48) feet above the minimum building setback line. Thereafter the building envelope inclined stepback plane shall slope upwards at 2:1 (ratio of the vertical rise to the horizontal run) on all sides of a property adjacent to public and private streets.

2.

PUD Developments abutting or adjacent to a residential zoning district shall have a building envelope inclined stepback plane of 1:2 (ratio of the vertical rise to the horizontal run) starting on the residential zoning district boundary, except as specified Section 5.5005.F.3.

3.

PUD Developments adjacent to a residential zoning district, where the properties are separated by a major and/or minor arterial street as classified by the Transportation Master Plan and the Design Standards & Policies Manual, shall comply with Section 5.5005.F.1.

G.

Encroachment beyond the building envelope.

1.

A maximum encroachment of fifteen (15) feet may be allowed for:

a.

Architectural ornaments and similar features, and

b.

Trellis, canopies, balconies, patios and partial or full patio enclosures, covered walks, and screen walls.

2.

Any encroachment into the right-of-way, roadway easement, or right-of-way easement requires a city issued encroachment permit and/or agreement.

3.

The requirements of article vii. General provisions shall not apply to Section 5.5005.G.

H.

Setback abutting a residential zoning district.

1.

A setback of twenty (20) feet shall be provided along the property line abutting a residential zoning district(s). The setback area shall be landscaped and may include space reserved for services such as refuse, recycling, utility boxes, and amenities such as playground equipment, picnic tables, and screen walls.

I.

Required open space. Open space is only required for developments that include residential uses.

1.

Private outdoor living space.

a.

Minimum: 0.05 multiplied by the gross floor area of the dwelling unit.

b.

The private outdoor living space shall be located beside the dwelling unit which it serves and shall be for the exclusive use of the unit occupant(s), but is not part of the unit's gross floor area.

2.

Common open space.

a.

Minimum: 0.10 multiplied by the total gross site area of the development.

b.

Common open space is not required if the overall density of the development is less than five (5) dwelling units per acre.

J.

Landscape improvements. The provisions of Article X. Landscaping requirements shall apply.

(Ord. No. 3854, § 3, 6-9-09; Ord. No. 3920, § 1(Exh. §§ 50, 51), 11-9-10; Ord. No. 4005, § 1(Res. No. 8947, Exh. A, § 159), 4-3-12; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 123), 5-6-14)

A.

Parking shall not be located between the building and the street; and shall not be located between the average building setback line and the street.

B.

Structured parking and parking garages shall be screened from street views and any views from residential districts shown on Table 4.100.A., or the residential portion of a Planned Community P-C or any portion of a Planned Residential Development PRD with an underlying zoning district comparable to the residential districts shown on Table 4.100.A. Screening shall be provided by building spaces that are habitable or that provide an architectural screen. Architectural screening shall be subject to Development Review Board approval.

C.

The provisions of Article IX. Parking and loading requirements shall apply.

(Ord. No. 3854, § 3, 6-9-09; Ord. No. 4005, § 1(Res. No. 8947, Exh. A, § 160), 4-3-12)

A.

The provisions of Article VIII. Sign requirements shall apply except a master sign plan shall be submitted at the time of development review application.

(Ord. No. 3854, § 3, 6-9-09)