The regulations hereinafter set forth in this Article qualify or supplement, as the case may be, the district regulations appearing elsewhere in this Zoning Ordinance.

(Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 202), 5-6-14)

A.

Public, semi-public or public service buildings, hospitals, or schools, when permitted in a district, may be erected to a height not exceeding sixty (60) feet, if the building is set back from each yard line at least one (1) foot for each two (2) feet of additional building height above the height limit otherwise provided in the district in which the building is located.

B.

Churches and temples and hospitals with a use permit may be erected to a height not exceeding seventy-five (75) feet if the building is set back from each yard line at least one (1) foot for each two (2) feet of additional building height above the height limit otherwise.

(Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 203), 5-6-14)

A.

Chimneys, church steeples, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers or scenery lifts, tanks, water towers, and grain elevators and necessary mechanical appurtenances and the screening required for said appurtenances provided that both the appurtenances and the screening therefore do not cover more than fifty (50) percent of the roof area, may be erected to a height not exceeding one hundred (100) feet, except as authorized pursuant to Section 5.2604.D.3, in accordance with existing or hereafter adopted ordinances of the City of Scottsdale, Arizona.

B.

In nonresidential districts only, ornamental towers and spires may be erected to a height not exceeding sixty (60) feet. No ornamental tower or spire shall contain occupied space that is higher than the maximum building height for the zone in which such ornamental tower or spire is located.

(Ord. No. 2320, § 1, 11-20-90; Ord. No. 3410, 11-26-01)

All structures and objects of natural growth within the boundaries of the Airport Influence Area, as defined in Chapter 5 of the Scottsdale Revised Code, shall conform to Chapter 5.

(Ord. No. 3987, § 1(Res. No. 8948, § 1(Exh. A, § 23), 11-14-12)

Cross reference— Airport zoning, App. A.

A.

Walls, fences, hedges, landscape materials, gateway features and structures shall conform to the sight distance requirements of the Design Standards and Policies Manual.

(Ord. No. 3760, § 3, 11-6-07; Ord. No. 3987, § 1(Res. No. 8948, § 1(Exh. A, § 24), 11-14-12)

A.

The following screening is required for all development, except single-family dwellings:

1.

Exterior storage and refuse areas shall be screened by a solid wall or fence.

2.

Exterior ground-mounted storage containers, mechanical equipment and satellite dishes shall be screened by a solid wall or fence at least one (1) foot taller than the object being screened.

3.

Roof-mounted storage containers, mechanical equipment and satellite dishes shall be screened by a solid wall or louver system at least as tall as the tallest object being screened. The louver system shall completely obstruct the view of the object that is being screened.

4.

Wall-mounted mechanical equipment, satellite dishes and utilities shall be screened or integrated into the architecture of the development.

5.

Loading docks and service areas shall be screened with a wall, landscaping, or other screening material consistent with the development.

6.

Roof-mounted storage containers and mechanical equipment visible from the windows of an adjacent taller building shall be screened.

B.

The screening above is subject Development Review Board review, and Zoning Administrator approval.

C.

Roof drainage systems, excluding scuppers, shall be concealed within the structure, or architecturally integrated with the design of the structure, subject Development Review Board review, and Zoning Administrator approval.

(Ord. No. 3987, § 1(Res. No. 8948, § 1(Exh. A, § 25), 11-14-12; Ord. No. 4099, § 1(Res. No. 9439, Exh. A, § 13, 11), 6-18-13; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 204), 5-6-14)

A.

Accessory buildings and structures. This section shall apply only to residential districts. This section shall not apply to an Accessory Dwelling Unit.

1.

No accessory building or structure shall be constructed upon a lot unless the construction of the main single-family residential dwelling on the same lot has commenced. No accessory building or structure shall be issued a Certificate of Occupancy unless a Certificate of Occupancy has been issued for the main single-family residential dwelling on the same lot.

2.

Lot Coverage. Accessory buildings or structures may be constructed in a rear yard, but the cumulative lot coverage of such accessory buildings or structures shall not occupy more than thirty percent (30%) of a rear yard. Exception: In the Multiple-family Residential (R-5) zoning district where the lot is used for multiple-family dwelling units, the cumulative lot coverage of accessory buildings or structures may occupy up to seventy-five percent (75%) of the rear yard.

3.

Single-family Residential (R1-7) location requirements. An accessory building or structure located in the Single-family Residential (R1-7) zoning district shall meet the following location requirements:

a.

No accessory building or structure shall be permitted in a required front yard.

b.

No accessory building or structure shall be permitted in a required side yard.

c.

When an accessory building or structure is located in a rear yard and behind the rear plane of the main single-family residential dwelling, the minimum setback shall be two (2) feet to any side or rear lot line.

d.

An accessory building or structure used as a private garage or carport and having direct access from an alley shall not be located closer than fifteen (15) feet to the centerline of said alley. Exception: An accessory building or structure used as a private garage or carport that is located in the rear yard may be constructed on the rear lot line if the face of the vehicle entrance into the private garage or carport is located at an angle of ninety (90) degrees or greater from parallel to the alley.

e.

An accessory building or structure, including any accessory building or structure used as a private garage or carport, that is located in a rear yard and closer to the property line than the equivalent distance of a side or rear setback of the lot, and which is more than twelve (12) feet in height, shall be set back an additional one (1) foot for each one (1) foot of building height above twelve (12) feet.

f.

An electric or gas fireplace is allowed in the front yard if:

i.

It does not exceed six (6) feet in height; and

ii.

It is within the area enclosed by a wall; and

iii.

The wall encloses forty percent (40%) or less of the front yard as set forth in Sec. 5.504. and is set back a minimum of three (3) feet from the property line.

4.

All other residential zoning districts location requirements. An accessory building or structure located in a residential zoning district that is not the Single-family Residential (R1-7) zoning district shall meet the following location requirements:

a.

No accessory building or structure shall be permitted in a required front yard, including the front yard of the shortest street frontage of a corner lot. Exception: An accessory building or structure may be constructed in the front yard of the longer street frontage of a corner lot, subject to the requirements of this section.

b.

An accessory building or structure may be constructed in the front yard of the longer street frontage of a corner lot, subject to the following requirements:

i.

The accessory building or structure must be located between the rear plane of the main single-family residential dwelling and rear lot line, and

ii.

The accessory building or structure must have a minimum setback from the lot line along the longer street frontage equal to the side yard setback requirement of the zoning district for which the lot is located within, unless the lot is adjacent to a key lot in which case the accessory building or structure must meet the minimum front yard setback requirement of the zoning district for which the lot is located within from the lot line along the longer street frontage.

c.

No accessory building or structure shall be permitted in a required side yard.

d.

When an accessory building or structure is located in a rear yard and behind the rear plane of the main single-family residential dwelling, the minimum setback shall be two (2) feet to any side or rear lot line.

e.

An accessory building or structure used as a private garage or carport and having direct access from an alley shall not be located closer than fifteen (15) feet to the centerline of said alley. Exception: An accessory building or structure used as a private garage or carport that is located in the rear yard may be constructed to within two (2) feet of the rear lot line if the face of the vehicle entrance into the private garage or carport is located at an angle of ninety (90) degrees or greater from parallel to the alley.

f.

An accessory building or structure, including any accessory building or structure used as a private garage or carport, that is located in a rear yard and closer to the property line than the equivalent distance of a side or rear setback of the lot, and which is more than ten (10) feet in height, shall be set back an additional one (1) foot for each one (1) foot of building height above ten (10) feet.

5.

An accessory building or structure used as a private garage or carport and having direct access from a street, including 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, and one (1) additional foot of setback shall be provided for each one (1) foot of building height above twelve (12) feet.

B.

Projections into required yards of residential buildings. This section shall apply only to residential districts. Yards shall be open and unobstructed from the ground to the sky except for the following:

1.

Front Yards.

a.

Sills, belt courses, cornices, eaves, and ornamental features may project two (2) feet into the required yard.

b.

Terraces, uncovered porches, platforms, and ornamental features which do not extend more than three (3) feet above the adjacent natural ground level may project into the required yard provided these projections be distant at least two (2) feet from the adjacent side lot line.

c.

Balconies, stairs, covered porches may project four (4) feet into the required yard.

d.

Canopies and awnings projecting over windows may extend into the required yard three (3) feet; however, a canopy extending from the main entrance to the sidewalk and not wider than the entrance may project to the front property line.

a.

Chimneys may project two (2) feet into the required yard.

2.

Side Yards.

a.

Sills, belt courses, cornices, eaves, and ornamental features may project two (2) feet into the required yard.

b.

Terraces, uncovered porches, platforms and ornamental features which do not extend more than three (3) feet above the adjacent natural ground level may project into the required yard provided these projections be distant at least two (2) feet from the adjacent side lot line.

c.

Balconies and stairs may project two (2) feet into the required yard, but not nearer than two (2) feet to the adjacent side property line.

d.

Canopies and awnings projecting over windows may extend into the required yard three (3) feet.

e.

Chimneys may project two (2) feet into the required yard.

f.

Mechanical equipment such as air conditioners may be constructed in the side yard provided the blower system is not directed toward the adjacent property, and provided said mechanical equipment shall not be closer than ten (10) feet to any opening to an indoor living area on an adjacent lot.

3.

Rear Yards.

a.

Sills, belt courses, cornices, eaves and ornamental features may project two (2) feet into the required yard

b.

Terraces, uncovered porches, platforms, and ornamental features which do not extend more than three (3) feet above the adjacent natural ground level may project into the required yard provided these projections be distant at least two (2) feet from the adjacent side lot line.

c.

Balconies and stairs may project four (4) feet into the required yard.

d.

Covered porches may project into the required yard provided they are not nearer than ten (10) feet to the rear property line.

e.

Canopies and awnings projecting over windows may extend into the required yard three (3) feet.

f.

Chimneys may project two (2) feet into the required yard.

g.

Mechanical equipment such as air conditioners may be constructed in the rear yard provided the blower system is not directed toward the adjacent property, and provided said mechanical equipment shall not be closer than ten (10) feet to any opening to an indoor living area on an adjacent lot.

C.

Basement or cellar occupancies. This section shall apply only to residential districts. No basement or cellar shall be occupied for residential purposes until the remainder of the building has been substantially completed, and in no event shall the basement or cellar be occupied for longer than two (2) years from the time of completion of the basement or cellar.

D.

Temporary buildings. Temporary buildings that are used in conjunction with construction work only may be permitted in any district during the period that the building is being constructed, but such temporary buildings shall be removed upon completion or abandonment of the construction work.

E.

Reserved.

F.

Satellite receiving earth stations. Satellite receiving earth stations may be located in rear and side yards provided that the installation is screened to the height of the installation from off-property views by means of buildings, solid walls, and/or solid fences. The height of screening shall comply with the requirements of the zoning district. The method of screening for installations below six (6) feet in height shall be approved by the planning staff. Appeals of staff decisions shall be made to the Development Review Board. Installations for a single-family residential use shall be limited to six (6) feet in height measured from grade level. Installations above six (6) feet in height of non-single residential family use shall be approved by the Development Review Board.

G.

Accessory uses.

1.

Residential Recreation Areas. This section shall apply only to residential districts.

a.

Residential Recreation Areas are a permitted accessory use to a single-family residential dwelling on the same lot. Residential Recreation Areas, including the enclosure and lighting thereof, may be built on a single-family residential lot as follows:

i.

No Residential Recreation Area shall be constructed upon a lot unless the construction of the main single-family residential dwelling on the same lot has commenced.

ii.

Residential Recreation Areas shall not be permitted in a required front yard.

iii.

Residential Recreation Areas shall be setback a minimum of five (5) feet from all side and rear lot lines (measure from the edge of the playing surface).

iv.

Residential Recreation Areas shall not exceed a height of thirty (30) inches above the adjacent grade unless otherwise required to meet stormwater requirements.

v.

Outdoor lights that direct illumination towards a side or rear property line shall have a minimum setback of twenty (20) feet (measured from the base of the lighting standard). Outdoor lights shall be shielded to obscure the light source from adjacent properties, comply with Section 7.600 of this Article, and shall not be operated between 10:00 p.m. and sunrise. Residential Recreation Areas that include outdoor lights shall submit plans and specifications of said lighting along with details of the residential recreation area for review and determination of zoning compliance in accordance with the requirements of Sec. 1.300. and Sec. 1.908.

vi.

Residential Recreation Areas shall be fenced or otherwise enclosed to prevent balls and other flying objects from landing on adjacent properties. The maximum wall and/or fence height shall comply with the standards of the zoning district for the lot.

vii.

Plans for the construction of a Residential Recreation Area shall be submitted in accordance with Sec. 1.1100. Plans for the construction of a Residential Recreation Area shall include setback dimensions from all property lines and the location and height of any walls, fences, or lighting related to the Residential Recreation Area.

2.

Medical marijuana qualifying patient cardholder cultivation. This section applies only to dwelling units.

a.

Medical marijuana qualifying patient cardholder may cultivate medical marijuana if:

(i)

Permitted by the Arizona Revised Statutes, Title 36, Chapter 28.1, Arizona Medical Marijuana Act, as amended.

(ii)

The cultivation takes place in an "enclosed, locked facility" as that term is defined in the Arizona Revised Statutes, Title 36, Chapter 28.1, Arizona Medical Marijuana Act, as amended.

(iii)

The medical marijuana is cultivated by the medical marijuana qualifying patient cardholder only: on the property where the cardholder resides if the cardholder resides in a single-family dwelling or two-family dwelling; or in the dwelling where the cardholder resides if the cardholder resides in an apartment, condominium or other communal living arrangement.

(iv)

The medical marijuana is used only by the medical marijuana qualifying patient cardholder who resides in the dwelling unit.

3.

Backyard fowl. This section applies only to single-family residential lots.

a.

The keeping of fowl in the rear yard is a permitted accessory use to a main single-family dwelling. The keeping of backyard fowl is subject to the requirements of SRC Chapter 4, Article II., and the following requirements:

i.

The keeping of fowl shall not be permitted in a required front or side yard.

ii.

Fowl shall be kept in an enclosure located in the rear yard of the property. The enclosure shall be set back at least twenty (20) feet from a property line. The enclosure shall be limited to a maximum size of two hundred (200) square feet. The enclosure shall be limited to a maximum height of eight (8) feet, or the maximum wall or fence height allowed in the zoning district where the property is located, whichever is less. These enclosure requirements shall not apply to an enclosure constructed prior to December 31, 2024.

4.

Swimming pools.

a.

No swimming pool shall be located closer than two (2) feet to any property line. Any portion of a pool wall constructed with a distance from a property line less than the depth of the pool, may be subject to special structural requirements.

H.

Wireless communications facilities (WCF). The purpose of the WCF regulations is to encourage and promote wireless communications coverage for all areas of the city while minimizing the visual, environmental, and neighborhood impacts. The preferred WCF locations include locations having the least amount of visual and neighborhood impact. More preferred locations include commercial and industrial areas, and less preferred locations include residential and school areas. The wireless communications service providers shall adhere to all applicable federal regulations, such as the Federal Communications Commission (FCC) and the National Environmental Protection Act (NEPA). Locations may require an environmental assessment.

1.

WCF concealment and screening. All WCF antennas, mounting hardware, and cabling shall be covered or painted to match the color and texture of the building, tower, or pole on which it is mounted. Equipment cabinets, service panels, and service connections shall be screened by solid walls, landscaping, or berms. Screening shall blend with or enhance the surrounding context in terms of scale, form, texture, materials, and color. WCF shall be concealed as much as possible by blending into the natural and/or physical environment. All gates shall be opaque.

2.

WCF height. The height of free-standing WCF shall be measured from natural grade to the top of all appurtenances.

3.

WCF setbacks. The setback of all WCF shall meet the yard development standards and step back requirements of the underlying zoning district, except as otherwise permitted herein.

4.

WCF co-location. All new monopoles or towers over forty (40) feet in height shall allow for co-location by other wireless communications service providers. The applicant shall demonstrate that the engineering of the monopole or tower and the placement of ground-mounted WCF will accommodate other providers' WCF. The owner of the tower or monopole and the property on which it is located must certify that the monopole or tower is available for use by another wireless communications service provider on a reasonable and non-discriminatory basis.

5.

WCF lighting. Any exterior lighting for WCF shall be fully shielded, screened by the same screening surrounding the WCF, and located below the height of the screening.

6.

WCF identification. Each WCF shall be identified by a permanently installed plaque or marker, no larger than four (4) inches by six (6) inches, clearly identifying the wireless communications service provider's name, address, e-mail contact, and emergency phone number.

7.

Temporary WCF. All temporary WCF shall be limited to being in conjunction with a special event, or be in response to an emergency or disaster as determined by the Zoning Administrator.

8.

WCF Types. All WCF are classified as Type 1, Type 2, Type 3, or Type 4 (except temporary WCF). WCF Types are in order of preference, with Type 1 being the most preferable with the least number of impacts, and Type 4 being the least preferable with the most number of impacts. Each Type has specific criteria, requirements, processes, and guidelines. WCF user guidelines have been created to provide additional standards and expectations.

In the event of a conflict, the more restrictive Type shall apply.

A.

Type 1 WCF. Type 1 WCF have antennas and equipment cabinets that are fully concealed. Type 1 WCF have an expedited review process and are subject to approval by the Zoning Administrator, subject to Section 1.906.

1.

Type 1 WCF shall not include the following:

A.

WCF on lots where the existing or planned primary use is a single-family dwelling;

B.

WCF within one hundred fifty (150) feet of a lot where the existing or planned primary use is a single-family dwelling;

C.

WCF on school property (K-12); and

D.

WCF within the recommended study boundary for the McDowell Sonoran Preserve as approved by city council.

2.

Type 1 WCF shall only include the following:

A.

The replacement of any existing WCF, if the replacement is smaller and/or more concealed than the original WCF, or there is no obvious visible change from the original WCF.

B.

WCF on or within existing buildings, walls, and water tanks subject that antennas and equipment cabinets shall be fully concealed within or behind existing buildings, existing walls, and/or buried completely underground. All wall replacements shall match the existing colors and materials. Antenna and equipment cabinet locations shall comply with the height and yard development standards of the underlying zoning district. All equipment cabinets that are located within the right-of-way or completely underground are exempt from yard development standards.

C.

On existing or replaced traffic signal poles, limited only to pre-approved pole designs with all equipment cabinets buried underground.

B.

Type 2 WCF. All Type 2 WCF shall blend with the surroundings and are subject to approval by the Zoning Administrator, subject to Section 1.906.

1.

Type 2 WCF shall not include the following:

A.

WCF antennas on lots where the existing or planned primary use is a single-family dwelling;

B.

WCF antennas within one hundred fifty (150) feet of a lot where the existing or planned primary use is a single-family dwelling;

C.

WCF on school property (K-12); and

D.

WCF within the recommended study boundary for the McDowell Sonoran Preserve as approved by city council.

2.

Type 2 WCF shall only include the following:

A.

WCF on or within buildings, walls, and water tanks subject to the following criteria:

1.

Does not include R1 zoned properties with visible changes;

2.

Antennas shall be fully concealed or snug-mount;

3.

Existing building heights shall not increase by more than fifteen (15) percent, and no increase in height of water tanks;

4.

Existing rooftop appurtenances shall not be raised in height more than two (2) feet;

5.

New rooftop appurtenances shall comply with Section 7.100, shall be no more than ten (10) percent of the roof area, shall not exceed six-hundred (600) square feet, and shall not exceed six (6) feet in height; and

6.

Antenna and equipment cabinet locations shall comply with the height and yard development standards of the underlying zoning district, except as provided in 7.C below.

7.

Equipment cabinets:

A.

Shall be located inside buildings, screened behind walls, or buried underground;

B.

Ground-mounted equipment cabinets shall not exceed eight (8) feet in height and one hundred fifty (150) cubic feet (measured above ground); and

C.

All equipment cabinets that are located within the right-of-way or completely underground are exempt from yard development standards.

B.

WCF co-located on existing monopoles and towers subject to the following criteria:

1.

Monopole or tower shall not increase in height by more than six (6) feet, and shall not exceed eighty (80) feet (including the antenna) in total height;

2.

Monopole diameter or tower footprint shall not increase;

3.

Antennas shall be limited to snug-mount, canister-mount, and concealed antennas;

4.

Canister shall not exceed eighteen (18) inches in diameter;

5.

There shall be no more than three (3) separate WCF on each monopole or tower;

6.

All cables shall be located inside the monopole or tower; and

7.

Equipment cabinets:

A.

Shall be located inside buildings, screened behind walls, or buried underground:

B.

Equipment cabinet locations shall comply with the height and yard development standards of the underlying zoning district, except as provided in E. below.

C.

Equipment cabinets located in ESL right-of-way or ESL scenic corridor shall not exceed four (4) feet tall above natural grade and one hundred fifty (150) cubic feet measured above natural grade. Colors shall match corridor colors and no screenwall is required.

D.

Equipment cabinets located outside of ESL shall not exceed eight (8) feet in height and one hundred fifty (150) cubic feet (measured above ground); and

E.

All equipment cabinets that are located within the right-of-way or completely underground are exempt from yard development standards.

C.

WCF located on existing or replaced utility poles and towers, subject to the following criteria:

1.

WCF shall not be located on utility poles/towers planned for removal by the city, utility company, or improvement district;

2.

Antennas located on twelve-kilovolt (12-KV) utility line poles shall only be located along collector, arterial, or higher classification streets;

3.

Pole/tower size, diameter, and height shall be no larger/taller than would normally accommodate the necessary utility, as determined by the utility company;

4.

Antennas shall be limited to snug-mount, canister-mount, and concealed antennas;

5.

Canister shall not increase the pole height by more than six (6) feet, and shall not exceed eighty (80) feet in height;

6.

Canister shall not exceed eighteen (18) inches in diameter;

7.

There shall be no more than three (3) separate WCF on each pole or tower;

8.

All cables shall be located inside the pole or concealed behind the tower structure; and

9.

Equipment cabinets:

A.

Shall be located inside buildings, screened behind walls, or buried underground;

B.

Equipment cabinet locations shall comply with the height and yard development standards of the underlying zoning district, except as provided in E. below;

C.

Equipment cabinets located in ESL right-of-way or ESL scenic corridor shall not be more than four (4) feet tall measured above natural grade and one hundred fifty (150) cubic feet above natural grade. Colors shall match corridor colors and no screenwall is required.

D.

Equipment cabinets located outside ESL right-of-way and ESL scenic corridor shall not exceed eight (8) feet in height and one hundred fifty (150) cubic feet (measured above ground).

E.

All equipment cabinets that are located within the right-of-way or completely underground are exempt from yard development standards.

D.

WCF located on existing or replaced sports and field light poles, subject to the following criteria:

1.

WCF located in the ESL district and within scenic corridors shall not be type 2;

2.

Replacement poles or pole reinforcement shall not exceed the diameter of the existing pole by more than forty (40) percent;

3.

Antennas shall be limited to snug-mount, canister-mount, and concealed antennas;

4.

Canister shall not increase the pole height by more than six (6) feet, and the pole shall not exceed eighty (80) feet (including the antenna);

5.

Canister shall not exceed eighteen (18) inches in diameter;

6.

There shall be no more than three (3) separate WCF on each pole;

7.

All cables shall be located inside the pole, or match existing condition on nearby poles on same site; and

8.

Equipment cabinets:

A.

Shall be located inside buildings, screened behind walls, or buried underground;

B.

Shall comply with the height and yard development standards of the underlying zoning district, except as provided in D. below;

C.

Shall not exceed eight (8) feet in height and one hundred fifty (150) cubic feet (measured above ground); and

D.

All equipment cabinets that are located within the right-of-way or completely underground are exempt from yard development standards.

E.

WCF located on traffic signal poles, subject to the following criteria:

1.

New traffic signal poles shall be warranted by traffic volumes, as determined by the city;

2.

Traffic signal pole diameter shall not exceed fourteen and one-half (14½) inches (city standard);

3.

Antennas shall be limited to canister-mount antennas, shall be no more than eighteen (18) inches in diameter, and shall not increase the city standard traffic signal pole height by more than six (6) feet;

4.

All cables shall be located inside the pole; and

5.

Equipment cabinets:

A.

Shall be located inside buildings, screened behind walls, pole mounted, or buried underground;

B.

Shall comply with the height and yard development standards of the underlying zoning district, except as provided in E. below;

C.

Equipment cabinets located in ESL right-of-way or ESL scenic corridor shall not exceed four (4) feet tall measured above natural grade and one hundred fifty (150) cubic feet above natural grade. Colors shall match approved corridor colors and no screenwall is required.

D.

Equipment cabinets located outside ESL right-of-way and ESL scenic corridor shall not exceed eight (8) feet tall and one hundred fifty (150) cubic feet (measured above ground).

E.

All equipment cabinets that are located within the right-of-way or completely underground are exempt from yard development standards.

F.

WCF located on freeway directional sign poles, subject to the following criteria:

1.

Antennas shall be limited to snug-mount, canister-mount, and concealed antennas;

2.

Canisters shall not exceed eighteen (18) inches in diameter, and shall not increase the standard sign pole height by more than six (6) feet;

3.

All cables shall be located inside the sign pole;

4.

Equipment cabinets shall be screened behind walls, pole mounted, or buried underground; and

5.

Colors shall match approved corridor colors.

G.

WCF monopoles (new or replacement), not including monopoles with a flag, subject to the following criteria:

1.

Limited to existing utility substations and limited to one (1) WCF monopole for every twenty thousand (20,000) square feet of substation;

2.

Monopole and equipment cabinets shall be located in an existing utility substation enclosure that is fully screened by a solid wall (no WCF monopoles outside substation screen walls);

3.

Monopole shall not exceed forty (40) feet in height, including antennas;

4.

Monopole shall not exceed a diameter of fourteen (14) inches;

5.

Antennas shall be limited to snug-mount, canister-mount, and concealed antennas;

6.

Canister shall not exceed eighteen (18) inches in diameter; and

7.

Equipment cabinets shall not be visible from outside the wall.

H.

WCF equipment cabinets on single-family lots, subject to the following criteria:

1.

Limited to equipment cabinets only (no antennas);

2.

Lots shall be a minimum size of one (1) acre;

3.

Equipment cabinets shall be buried, screened, and/or hidden;

4.

Equipment cabinet locations shall comply with the height and yard development standards of the underlying zoning district, except as provided in 6. below;

5.

Equipment cabinets with air-conditioning shall be enclosed by walls and setback a minimum of fifteen (15) feet from other lots where the existing or planned primary use is a single-family dwelling; and

6.

All equipment cabinets that are located completely underground are exempt from yard development standards.

C.

Type 3 WCF. All Type 3 WCF shall blend with the surrounding environment and require Development Review Board approval, subject to Section 1.900.

1.

Type 3 WCF shall not include the following:

A.

WCF antennas on lots where the existing or planned primary use is a single-family dwelling;

B.

WCF within the recommended study boundary for the McDowell Sonoran Preserve as approved by city council.

2.

Type 3 WCF shall only include the following:

A.

WCF on or within buildings, walls, and water tanks, subject to the following criteria.

1.

WCF shall be designed to match the structure on which it is mounted;

2.

Equipment cabinets:

A.

Shall be located inside buildings, screened behind walls, pole mounted, or buried underground;

B.

Shall comply with the height and yard development standards of the underlying zoning district, except as provided in C. and D. below;

C.

Equipment cabinets with air-conditioning shall be enclosed by walls and setback a minimum of fifteen (15) feet from lots where the existing or planned primary use is a single-family dwelling; and

D.

All equipment cabinets that are located within the right-of-way or completely underground are exempt from yard development standards.

B.

WCF co-located on existing monopoles and towers subject to the following criteria:

1.

Monopole or tower shall not increase in height by more than twelve (12) feet, and shall not exceed eighty (80) feet (including the antenna) in total height;

2.

Monopole shall not increase the diameter of the existing monopole by more than sixty percent (60%);

3.

Antennas shall not extend more than two (2) feet from the monopole or tower;

4.

Limited to three (3) separate WCF on each monopole or tower;

5.

All cables shall be located inside the monopole or tower or within an encasement colored to match the monopole and located on a side with the least visual impact;

6.

Equipment cabinets:

A.

Shall be located inside buildings, screened behind walls, pole mounted, or buried underground;

B.

Equipment cabinets located in ESL right-of-way or ESL scenic corridor shall not be more than six (6) feet tall measured above natural grade and one hundred fifty (150) cubic feet above natural grade. Colors shall match corridor colors and no screenwall is required.

C.

Equipment cabinets located outside ESL right-of-way and ESL scenic corridor shall comply with the height and yard development standards of the underlying zoning district, except as provided in D. and E. below;

D.

Equipment cabinets with air-conditioning shall be enclosed by walls and setback a minimum of fifteen (15) feet from lots where the existing or planned primary use is a single-family dwelling; and

E.

All equipment cabinets that are located within the right-of-way or completely underground are exempt from yard development standards.

C.

WCF located on existing or replaced utility poles and towers, subject to the following criteria:

1.

WCF shall not be located on poles/towers planned for removal by the city, utility company, or improvement district;

2.

Antennas located on twelve-kilovolt (12-KV) power line poles shall only be located along collector, arterial, or higher classification streets;

3.

There shall be no more than three (3) separate WCF on each pole or tower;

4.

Pole/tower size, diameter, and height shall be no larger/taller than would normally accommodate the necessary utility (not to exceed an eight (8) foot height increase);

5.

Canister shall not increase the pole height by more than twelve (12) feet, not to exceed eighty (80) feet (including the antenna);

6.

Canister shall not exceed eighteen (18) inches in diameter;

7.

On poles, antennas shall not extend more than two (2) feet from the pole;

8.

On towers, antennas shall not extend more than two (2) feet from the tower or exceed the maximum width of the tower;

9.

All cables shall be located inside the pole or within an encasement to hide all cables colored to match the pole/tower and located to a side with the least visual impact;

10.

Equipment cabinets:

A.

Shall be located inside buildings, screened behind walls, pole-mounted, or buried underground;

B.

Equipment cabinets located in ESL right-of-way or ESL scenic corridor shall not be more than six (6) feet tall measured above natural grade and one hundred fifty (150) cubic feet above natural grade. Colors shall match approved corridor colors and no screenwall is required.

C.

Equipment cabinets located outside ESL right-of-way and ESL scenic corridor shall comply with the height and yard development standards of the underlying zoning district;

D.

Equipment cabinets with air-conditioning shall be enclosed by walls and setback a minimum of fifteen (15) feet from lots where the existing or planned primary use is a single-family dwelling; and

E.

All equipment cabinets that are located within the right-of-way or completely underground are exempt from yard development standards.

D.

WCF located on existing or replaced sports and field light poles, subject to the following criteria:

1.

There shall be no more than three (3) separate WCF on each pole;

2.

Pole shall not exceed the diameter of the existing pole by sixty percent (60%);

3.

Canister shall not increase the pole height by more than twelve (12) feet, not to exceed eighty (80) feet (including the antenna);

4.

Canister shall not exceed eighteen (18) inches in diameter;

5.

Antennas shall not extend more than two (2) feet from the pole;

6.

All cables shall be located inside the pole or within an encasement to hide all cables colored to match the pole and oriented to a side with the least visual impact;

7.

Equipment cabinets:

A.

Shall be located inside buildings, screened behind walls, pole mounted, or buried underground;

B.

Equipment cabinet locations shall comply with the height and yard development standards of the underlying zoning district;

C.

Equipment cabinets with air-conditioning shall be enclosed by walls and setback a minimum of fifteen (15) feet from lots where the existing or planned primary use is a single-family dwelling; and

D.

All equipment cabinets that are located within the right-of-way or completely underground are exempt from yard development standards.

E.

WCF located on traffic signal poles, subject to the following criteria:

1.

New signal poles shall be warranted by traffic volumes, as determined by the city;

2.

Traffic signal poles and WCF shall be no more than eighteen (18) inches in diameter and shall not increase the city standard signal pole height by more than six (6) feet;

3.

Antennas shall be limited to snug-mount, canister-mount, and concealed antennas;

4.

All cables shall be located inside the pole or within an encasement to hide all cables colored to match the pole and oriented to a side with the least visual impact;

5.

Equipment cabinets:

A.

Shall be located inside buildings, screened behind walls, pole-mounted, or buried underground;

B.

Equipment cabinets located in ESL right-of-way or ESL scenic corridor shall not be more than six (6) feet tall measured above natural grade and one hundred fifty (150) cubic feet above natural grade. Colors shall match corridor colors and no screenwall is required.

C.

Equipment cabinets located outside ESL right-of-way and ESL scenic corridor shall comply with the height and yard development standards of the underlying zoning district;

D.

Equipment cabinets with air-conditioning shall be enclosed by walls and setback a minimum of fifteen (15) feet from lots where the existing or planned primary use is a single-family dwelling; and

E.

All equipment cabinets that are located within the right-of-way or completely underground are exempt from yard development standards.

F.

WCF located on existing or replaced street light poles, parking lot light poles, and street sign poles, subject to the following criteria:

1.

The replacement pole and WCF shall not increase the diameter of the existing pole by more than sixty (60) percent, not to exceed eighteen (18) inches total, or increase the height of the existing pole by more than six (6) feet;

2.

Antennas shall be limited to snug-mount, canister-mount, and concealed antennas;

3.

All cables shall be located inside the pole or within an encasement to hide all cables colored to match the pole and oriented to a side with the least visual impact;

4.

Equipment cabinets:

A.

Shall be located inside buildings, screened behind walls, pole mounted, or buried underground;

B.

Equipment cabinet locations shall comply with the height and yard development standards of the underlying zoning district;

C.

Equipment cabinets with air-conditioning shall be enclosed by walls and setback a minimum of fifteen (15) feet from lots where the existing or planned primary use is a single-family dwelling; and

D.

All equipment cabinets that are located within the right-of-way or completely underground are exempt from yard development standards.

G.

WCF located on freeway directional sign poles, subject to the following criteria:

1.

Antennas shall be limited to snug-mount, canister-mount, and concealed antennas

2.

Canisters shall be no more than eighteen (18) inches in diameter, and shall not increase the standard sign pole height by more than six (6) feet;

3.

All cables shall be located inside the pole or encased in a sheath to match pole;

4.

Equipment cabinets shall be screened behind walls, pole mounted, or buried underground; and

5.

Colors shall match corridor colors.

H.

Alternative concealment WCF, subject to the following criteria:

1.

WCF shall comply with the height requirements of the underlying zoning district;

2.

Equipment cabinets shall be concealed within the structure, fully screened, or buried underground;

3.

Equipment cabinet locations shall comply with the height and yard development standards of the underlying zoning district;

4.

Equipment cabinets with air-conditioning shall be enclosed by walls and setback a minimum of fifteen (15) feet from lots where the existing or planned primary use is a single-family dwelling; and

5.

All equipment cabinets that are located within the right-of-way or completely underground are exempt from yard development standards.

D.

Type 4 WCF. Type 4 WCF are the least preferred and generally have the most impact on their surrounding environments. All Type 4 WCF shall require a conditional use permit and are subject to Development Review Board approval (subject to Zoning Ordinance article 1).

1.

Type 4 WCF include:

A.

The following WCF are classified as Type 4 if they do not meet the criteria to be classified as Type 1, 2, or Type 3:

1.

WCF located on or within buildings, walls, and water tanks;

2.

WCF co-located on existing communication monopoles and towers;

3.

WCF located on existing or replaced utility poles and towers;

4.

WCF located on existing or replaced sports and field light poles;

5.

WCF located on existing or replaced street light poles, parking light poles, and street sign poles;

6.

WCF located on existing or replaced traffic signal poles; and

7.

Alternative concealment WCF.

B.

WCF concealed within flagpoles (monopoles with a flag).

C.

WCF, including both antennas and equipment cabinets, located on lots where the existing primary use is a single-family dwelling and where the lot size is a minimum of five (5) acres. These WCF shall meet the height and yard development standards of the underlying zoning district, and shall be architecturally integrated into an existing building. No WCF shall be allowed on structures needing additional height allowed in Section 7.100 unless the additional height was built prior to the effective date of this ordinance provision.

D.

WCF located within the recommended study boundary for the McDowell Sonoran preserve as approved by City Council, except new monopoles or towers.

E.

The fourth or more separate WCF co-located on any one tower or pole.

F.

WCF located on utility poles/towers that are planned for removal by the city, utility company, or improvement district.

G.

Communication (WCF) monopoles or towers (new or replacement), not including monopoles with a flag, subject to the following:

1.

Monopoles or towers on any school property (K—12):

A.

Antenna heights shall not exceed eight (8) feet, not to exceed eighty (80) feet in total height (including the antenna).

2.

Monopoles or towers in the I-1, C-4, and S-S districts:

A.

Height shall not exceed eighty (80) feet including all antennas;

B.

Shall be separated from the nearest monopole or tower a minimum distance of one-quarter (¼) mile; and

C.

WCF which are located within two hundred (200) feet of a designated arterial or collector street, or within three hundred (300) feet of a R1 zoned property, shall have front and side yard setbacks a minimum of two (2) feet for every one (1) foot in height.

3.

Monopoles or towers in the C-S, C-2, C-3, P.N.C., P.C.C., P.R.C., C-O, PCP, and W-P districts:

A.

Height shall not exceed forty (40) feet including all antennas. Monopoles up to fifty (50) feet in height will be allowed in these districts if two (2) providers locate WCF on the pole at the time of final plans approval.

B.

Any new monopole or tower shall be separated from the nearest monopole or tower a minimum distance of one-quarter (¼) mile.

4.

Additional setbacks for monopoles and towers.

A.

Monopoles or towers shall have a setback from the nearest edge of a scenic corridor, vista corridor or any land zoned open space (O-S), conservation open space (COS), hillside conservation (HC) or conservation area a minimum of three (3) feet for every one (1) foot in height.

B.

Monopoles or towers shall have a minimum setback from any ESLO special feature of three hundred (300) feet.

C.

Monopoles or towers shall have a setback from lots where the existing or planned primary use is a single-family dwelling a minimum of three (3) feet for every one (1) foot of height.

H.

Type 4 equipment cabinets. Equipment cabinets for all type 4 WCF shall be located inside buildings/structures, screened behind walls, pole mounted, or buried underground. All equipment cabinets that are located within the right-of-way or completely underground are exempt from these setback requirements. However, all equipment cabinets with air-conditioning shall be enclosed and setback a minimum of fifteen (15) feet from other lots where the existing or planned primary use is a single-family dwelling.

9.

WCF submittal requirements. Applicants proposing WCF (Types 1, 2, 3, or 4) shall submit the following:

A.

All WCF:

1.

A written report verifying that, at its maximum load, including cumulative effects of multiple facilities, the WCF meets or exceeds the Federal Communication Commission's radio frequency safety standards. Submission of this report is required before communication operations can begin, before any extension periods are granted, and before the city's acceptance of any improvements or upgrades to the WCF;

2.

A map of the service area for the WCF;

3.

A map that shows other existing or planned WCF that will be used by the WCF provider who is making the application. Describe the height, mounting style, and number of antennas on each WCF;

4.

Photo documentation of existing conditions;

5.

A photo simulation (except for type 1 WCF);

6.

A concealment and screening plan showing the WCF blending with the existing environment;

7.

Written description of efforts to minimize the visual impact of the antennas and equipment cabinets;

8.

A site line representation drawing;

9.

Community notification documentation, including the names and dates (notification shall be a minimum fifteen (15) days prior to application submittal); and

10.

Written description of conformance with applicable design guidelines and use permit criteria.

B.

New towers and monopoles (including monopoles with flags):

1.

A map that shows any WCF monopoles or towers, and monopoles with flags, within a mile radius of the project that are existing or are currently under construction;

2.

Written description of any efforts to co-locate the proposed WCF on another site or building. Include a map of the sites and provide engineering information or letters from the owners of the site describing why co-location is not a possibility;

3.

A map that shows other potential stand-alone locations for the proposed WCF that have been explored. Describe why the proposed location is superior to other potential locations. Factors to consider in the community perspective shall include: costs, visual aspects, setbacks, and proximity to single family residences;

4.

Written description of efforts to blend the WCF with the surrounding area, including the process for arriving at the color and materials for the proposed monopole or tower;

5.

Written description of efforts to minimize the diameter of the monopole and the mass of the tower supporting the proposed WCF. Provide engineering/structural information related to these efforts; and

6.

Written description of all equipment that will be ancillary to the antennas, such as whip and dish antennas. Describe the function of this ancillary equipment and the need to locate it on this WCF.

C.

Properties within the environmentally sensitive lands (ESL) district:

1.

Photo simulations taken from the closest streets and single family residences surrounding the proposed site;

2.

Color samples and their light reflective values; and

3.

Written analysis describing the most effective way to screen or blend the new WCF with the surrounding environment.

D.

All WCF located on school properties (K—12) shall provide a letter demonstrating that the parents of the students and the surrounding neighbors were properly noticed of the proposed WCF (letters sent out, dates and times of public meetings, list of attendees, and minutes of meeting).

The Zoning Administrator may require additional information or may waive submittal requirements determined unnecessary for appropriate review of the project.

10.

Community notification. For all WCF applications, the applicant shall provide written notice to residences, businesses, schools, and public facilities within seven hundred fifty (750) feet of the proposed WCF. All notices shall include a request that the recipient post and distribute the notice to all tenants, employees, and students.

11.

Continued monitoring. Every three (3) years, each wireless communications service provider shall submit to the city a written report verifying that, at its maximum load, including cumulative effects of multiple facilities, each WCF was tested and certified to meet or exceed the Federal Communication Commission's radio frequency safety standards. The three (3) years shall be from the most recent approval of the respective WCF or from the effective date of this ordinance, whichever is earlier, and every three (3) years thereafter.

12.

Third party review. The Zoning Administrator may require a third party review of the technical data submitted by the provider, to be paid for by the applicant. Selection of the third party expert may be by mutual agreement among the applicant and interested parties or at the discretion of the city, with a provision for the applicant and interested parties to comment on the proposed expert(s) and to review qualifications.

The expert review is intended to be a site-specific review of technical aspects of the wireless communications service WCF and not a subjective review of the site selection. Such a review shall address the accuracy and completeness of the technical data, whether the analysis techniques and methodologies are legitimate, the validity of the conclusions and any specific technical issues outlined by the City Council, Planning Commission, the Zoning Administrator, or interested parties.

The expert review of technical submission shall address the following:

A.

The accuracy and completeness of submissions;

B.

The applicability of analysis techniques and methodologies;

C.

The validity of conclusions reached; and

D.

Any specific technical issues designated by the city council or planning commission.

13.

Abandonment. WCF which are not in use for six (6) or more months shall be removed by the wireless communications service provider or the property owner. This removal shall occur within ninety (90) days of the end of such six-month period. Upon removal, the site shall be revegetated to blend with the surrounding vegetation.

I.

Designated parking in front yards. This section shall apply only to single-family detached homes in residential districts.

1.

The total aggregate parking and/or driveway area shall be the lesser of thirty-five (35) percent of the front yard area or thirty (30) linear feet of the lot frontage.

2.

No vehicle shall be occupied for permanent living purposes while stored at a residence.

3.

Any vehicle parked in a front yard must be parked:

a.

At least one (1) foot from any existing sidewalk that runs parallel to a public or private street;

b.

At least three (3) feet from the street curb if there is no sidewalk along the street frontage; and

c.

At least one (1) foot from the side lot line located within the front yard area.

4.

General standards for designated parking areas:

a.

All areas designated as parking or driveway shall be completely covered by (1) concrete, asphalt, cement or sealed aggregate pavement; (2) three (3) inches deep crushed rock completely contained in a permanent border; or (3) another stabilization material approved by Maricopa County.

b.

All areas designated as parking or driveway shall be completely contained within a permanent border.

c.

Dust free surface does not include areas of grass, lawn, compacted or hard packed dirt.

5.

The provisions of this subsection I, shall apply to the parking of all vehicles and shall take precedence over the nonconforming use provisions of Article I.

(Ord. No. 1839, § 1, 10-15-85; Ord. No. 2020, § 1, 4-19-88; Ord. No. 2430, § 1, 1-21-92; Ord. No. 2431, § 1, 1-21-92; Ord. No. 2470, § 1, 6-16-92; Ord. No. 2557, § 1, 5-4-93; Ord. No. 2509, § 1, 6-1-93; Ord. No. 3048, § 2, 10-7-97; Ord. No. 3103, § 1, 1-6-98; Ord. No. 3225, § 1, 5-4-99; Ord. No. 3365, § 1, 12-11-01; Ord. No. 3484, § 1, 1-14-03; Ord. No. 3493, § 1, 3-4-03; Ord. No. 3774, § 1, 3-18-08; Ord. No. 3853, § 2, 10-5-10; Ord. No. 3899, § 1(Res. No. 8342, Exh. A, § 17), 8-30-10; Ord. No. 3920, § 1(Exh. § 91), 11-9-10; Ord. No. 3923, § 1(Exh. § 7), 1-25-11; Ord. No. 3982, § 1(Res. No. 8902, Exh. A, § 7), 1-10-12; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 205), 5-6-14; Ord. No. 4265, § 1, 6-21-16; Ord. No. 4652, § 1(Res. No. 13255, § 1(Exh. A, § 6)), 11-25-24)

The front yards heretofore established shall be adjusted in the following cases:

A.

Where the forty (40) percent or more of the frontage on one (1) side of a street between two (2) intersecting streets is developed with buildings that have observed (with a variation of five (5) feet or less) a front yard greater in depth than herein required, new buildings shall not be erected closer to the street than the average front yard so established by the existing buildings.

B.

Where forty (40) percent or more of the frontage on one (1) side of a street between two (2) intersecting streets is developed with buildings that have not observed a front yard as described above, then:

1.

Where a building is to be erected on a parcel of land that is within one hundred (100) feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the two (2) closest front corners of the adjacent buildings on the two (2) sides, or,

2.

Where a building is to be erected on a parcel of land that is within one hundred (100) feet of an existing building on one (1) side only, such building may be erected as close to the street as the existing adjacent building.

C.

Any building hereafter erected in any commercial or industrial zone shall have minimum setbacks from the front lot line and the side lot as follows:

1.

If the front lot line and/or the side lot line is immediately adjacent to either Scottsdale Road, Indian School Road or McDowell Road, the front setback and/or the side setback shall not be less than sixty-five (65) feet from the centerline of the right-of-way of either such said streets.

2.

If the front lot line and/or side lot line is immediately adjacent to any other street other than Scottsdale Road, Indian School Road or McDowell Road, the front setback and/or side setback shall be not less than forty (40) feet from the centerline of the right-of-way of any such said street.

A.

In any R-3, R-4, R-4R, R-5, S-R district, credit may be given in determining density and/or floor area ratio where required for one-half of all abutting dedicated streets, alleys, road easements, and/or alley easements.

B.

Such credit shall not extend beyond the centerline of an existing dedication or easement as indicated above, or in the case of a partial existing dedication or easement, the credit shall not extend beyond what would be the centerline if full dedication or easement existed.

C.

In the case of any question as to the location of said centerline, the Manager of Transportation shall make the final determination.

(Ord. No. 3920, § 1(Exh. § 92), 11-9-10)

A.

Any legally authorized vacation rental or short-term rental is subject to the following:

1.

The owner of a vacation rental shall provide to the City of Scottsdale the name and contact information of a person designated as an emergency contact.

2.

The vacation rental must at all times comply with all federal, state, and local laws, rules and regulations related to public health, safety, sanitation, solid waste, hazardous waste, traffic control, pollution control, noise, property maintenance, and nuisance abatement. The owner of the vacation rental shall be deemed responsible for any violation of such laws, rules, and regulations occurring on the vacation rental property.

3.

No vacation rental may be used for the purpose of any of the following:

a.

Any commercial, industrial, manufacturing, or other non-residential purpose,

b.

Operating a retail business, restaurant, event or banquet center,

c.

Housing sex offenders,

d.

Operating or maintaining a structured sober living home,

e.

Selling controlled substances or pornography,

f.

Operating any adult-oriented business.

4.

An Accessory Dwelling Unit that is issued a certificate of occupancy on or after September 14, 2024, shall not be used as a vacation rental or short-term rental unless the property owner resides on the same property as the property owner's primary residence.

(Ord. No. 4288, § 1(Res. No. 10650, § 1, Exh. A), 11-14-16; Ord. No. 4652, § 1(Res. No. 13255, § 1(Exh. A, § 6)), 11-25-24)

No building or land shall be devoted to any use other than a use permitted in the zoning district in which such building or land shall be located, with the exception of the following:

A.

Uses lawfully established as of the effective date of this comprehensive amendment.

B.

Conditional uses when allowed by permit in accordance with the zoning district in which such building or land shall be located.

C.

Analogous uses.

D.

Accessory uses customarily incidental to the permitted uses.

A.

All abandoned or junk vehicles, or vehicles while being repaired or restored, shall be stored in an enclosed area by the owner or occupant of the property upon which such vehicle is located, in such a manner as to not be visible from any point lying without the property upon which abandoned or junk vehicle is stored or parked.

B.

For the purposes of this section:

1.

Abandoned or junk vehicle means a vehicle or any major portion thereof which is incapable of movement under its own power and will remain so without major repair or reconstruction.

2.

Major repair means the removal from any vehicle of a major portion thereof including, but not limited to, the differential, transmission, head, engine block, or oil pan.

3.

For the purposes of this Section 7.400, the term "vehicle" means any self-propelled device in, upon, or by which any person or property is or may be transported upon a public highway, except devices that are propelled by human power or vehicles that travel exclusively upon stationary rails or tracks.

(Ord. No. 3980, § 1(Res. 8895, § 1, Exh. A, § 41), 12-6-11)

Purpose. These regulations are intended to establish procedures that insure the preservation of indigenous plant materials as specified below. These specified materials are found to enhance the City's physical and aesthetic character, contribute to the preservation of the fragile desert environment by preventing erosion and providing wildlife habitat, increase valuation of real property, and provide scenic opportunities unique to this region. Preservation of these specified plant materials is found to be a part of the General Plan and is found to be in the furtherance of the public health, safety and welfare.

This section shall establish a procedure for the review and approval of native plant programs in conjunction with the native plant permit process established in Chapter 46, Article V, of the Scottsdale Revised Code. The provisions of this section shall supplement the applicable provisions of the Scottsdale Revised Code, and shall not be construed as replacing, modifying, or invalidating those provisions.

(Ord. No. 2262, § 1, 8-15-89; Ord. No. 3920, § 1(Exh. § 93), 11-9-10)

The City of Scottsdale has determined that:

(1)

Native vegetation within the City of Scottsdale is a unique natural resource which promotes tourism and contributes to the economic and aesthetic well-being of the community.

(2)

Native vegetation, as an integral part of the Sonoran Desert, contributes to the high property values, high quality of life, and unique lifestyle which the community enjoys.

(3)

Native vegetation is important in stabilizing desert soils and providing food and protection for many types of desert wildlife.

(4)

Native vegetation is more drought tolerant, requires less maintenance, and uses less water than other types of landscaping materials.

(5)

Native vegetation is a slow-growing type of plant material that cannot always be successfully relocated. Certain specimen plants, because of their form, age or location, cannot be replaced by a plant of like character.

(Ord. No. 2262, § 1, 8-15-89)

The native plant program is a plan which specifies the proposed treatment of protected native plants which are being disturbed during the development process. The Zoning Administrator shall review native plant programs presented as part of the native plant permit application and may approve, conditionally approve, or deny an application based upon compliance with and in consideration of the criteria contained herein.

(Ord. No. 2262, § 1, 8-15-89; Ord. No. 3920, § 1(Exh. § 94), 11-9-10)

Protected native plants shall not be destroyed, mutilated, or removed from the premises, or relocated on the premises except in accordance with an approved native plant program required in conjunction with the issuance of a native plant permit. No native plant program shall be approved until it has been demonstrated that the following criteria have been met:

(1)

The density/intensity of development for the approved land use shall be an important element in the determination of the base requirements for plant retention and salvage. The proposed relocation program shall provide reasonable plant salvage, protection, and storage and shall insure consistency with existing neighborhood character.

(2)

The site plan shall be designed to protect and incorporate significant on-site natural amenities (i.e. aesthetic, unique, historic, etc.) and minimize the number of salvageable plants which need to be removed to allow reasonable construction on the site. These relationships shall promote and enhance the character of the native environment rather than contrast or domesticate it.

(3)

A vegetation inventory and analysis shall provide a clear, comprehensive overview and listing of plant materials, their condition and physical relationships on-site so as to aid the site planning and determination of plant salvageability.

(5)

A conceptual analysis and design of the site revegetation and/or landscaping shall insure that the character of the project be consistent with the natural density, distribution, and maturity of vegetation on adjacent properties.

(6)

The native plant program shall include a relocation program for excess salvageable plants.

(Ord. No. 2262, § 1, 8-15-89; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 206), 5-6-14)

A native plant program shall consist of the following information. Additional information may also be required in order to insure that the purpose of this section is fulfilled.

A.

Native plant inventory, containing:

1.

Aerial photograph and/or site plan overlay at a minimum scale of 1″=100′ showing the location of all protected native plants within the proposed construction boundaries and within fifty (50) feet of the construction limits.

2.

List of the number, species, size, general condition, and salvage status of all protected native plants within the proposed construction boundaries.

B.

Native plant relocation methodology, containing the proposed location of all protected native plants to be relocated within the proposed construction boundaries.

C.

Nursery site location where plant material is to be stored during construction.

(Ord. No. 2262, § 1, 8-15-89; Ord. No. 3920, § 1(Exh. § 95), 11-9-10)

A.

Failure to comply with the requirements of the approved native plant program shall cause immediate suspension of all inspection activity. Inspection shall not resume until a sum of money is paid to the city for the purpose of replacing and maintaining protected native plant materials as required in the approved native plant program.

B.

The Development Review Board shall determine the sum of money to be paid to the city from the following schedule:

1.

Protected native trees: Three hundred dollars ($300.00) per caliper inch (measured one (1) foot above ground level).

2.

Protected native cacti: Two hundred dollars ($200.00) per foot.

3.

Maximum per plant: Ten thousand dollars ($10,000.00).

a.

Determination of the sum of money to be paid to the city pursuant to this section shall be based upon the type, size, density, distribution, and condition of plant materials that existed on the property prior to the violation, or upon inspection of the remains of destroyed plant materials or other physical evidence as may be available. Appeal of a decision of the Development Review Board regarding this determination may be made to City Council in accordance with the rules and procedures established in Article I.

C.

The sum of money required by this subsection shall be used to replace removed or damaged plant materials whose retention was required by this subsection and to maintain replacement plant materials for a period of three (3) years. Additionally, fifteen (15) percent of the total amount payable shall be kept by the city as payment for the enforcement of these regulations and administration of the agreement specified in Section 7.505(4).

D.

Prior to issuance of any permits for construction on or development of the property on which the violation occurred, the property owner shall enter into an agreement with a landscape installation and maintenance service and the city to ensure replacement and three (3) years' maintenance of the replacement plant materials, to provide disbursement of the sum of money for the purposes of replacement and to pay administrative costs. The sum of money paid to the city in excess of the amounts specified in the agreement shall be refunded.

(Ord. No. 2262, § 1, 8-15-89; Ord. No. 3225, § 1, 5-4-99; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 207), 5-6-14)

Decisions made in administering the native plant program are minor applications that may be appealed in writing to the Development Review Board. The approval, with or without conditions, or denial by the Development Review Board of an application shall be final unless within twenty (20) days from the date of the board's decision the property owner files an appeal in writing to the City Council. Such appeal shall be made to the City Clerk and shall indicate where the board was in error. The City Clerk shall schedule the appeal for a City Council agenda, and the City Council at its meeting shall uphold, modify, or overrule the decision of the board. The decision of the City Council shall be final.

(Ord. No. 2262, § 1, 8-15-89; Ord. No. 3920, § 1(Exh. § 96), 11-9-10; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 208), 5-6-14)

Purpose. These regulations are intended to establish procedures and standards that minimize light pollution, reduce glare, increase energy conservation, and maintain the quality of Scottsdale's physical and aesthetic character. These regulations further implement the General Plan and are found to be in the furtherance of the public health, safety, and welfare. They are also intended to aid in the control of lighting which detrimentally affects astronomical observation.

(Ord. No. 3920, § 1(Exh. § 97), 11-9-10; Ord. No. 4163, § 1(3), 8-25-14)

A.

These regulations shall apply to all outdoor lighting, except lighting installed before July 5, 1983.

B.

All outdoor lighting is subject to Development Review Board (DRB) approval, except lighting located on the exterior of a detached single family dwelling and its accessory building(s).

(Ord. No. 4163, § 1(3), 8-25-14)

A.

Outdoor lighting, except searchlights and sign lighting, shall meet the standards of Tables 7.602.A.1. and A.2.

_____

Table 7.602.A.1. Lighting Standards

Notes:

1. Recreation fields include, as examples: amphitheaters, baseball, driving ranges, football, softball, soccer, and volleyball.

2. Light height shall be measured from the bottom of the luminaire to the finished grade directly below.

3. Light trespass is measured at the property line at a point six feet above the finished grade, with the light meter facing the interior of the property on which the light source is placed.

4. Maximum light trespass:

a. Non-residential or multiple-family use adjacent to or abutting single-family residential use, maximum: 0.3 foot candles.

b. Single-family residential use adjacent to or abutting single-family residential use, maximum: 0.1 foot candles.

c. Non-residential or multiple-family use adjacent to or abutting single-family use, maximum: subject to DRB approval.

5. Any light fixture with output equal to or greater than 2,600 initial lumens shall not be operated between 11:00 p.m. and 6:00 a.m.

6. Single-family residential use adjacent to or abutting single-family residential use: any light fixture with output equal to or greater than 2,600 initial lumens shall not be operated between 11:00 p.m. and 6:00 a.m., except security lighting may be operated for a period of not more than 15 minutes.

Table 7.602.A.2. Additional Standards for Other Outdoor Lighting

Notes:

1. Applies only to single-family residential districts.

2. All lighting mounted eight (8) feet or higher shall be directed downward.

3. Wherever practicable, lighting which is directed upward should be located on the west or east sides of the object being lit.

_____

B.

Searchlights.

1.

During the months of May through October, searchlights shall be operated only between the hours of 6:00 a.m. and 11:00 p.m.;

2.

During the months of November through April, searchlights shall be operated only between the hours of 7:00 a.m. and 10:00 p.m.; and

3.

Searchlights shall not be operated in 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. However, search lights are allowed for grand openings of new developments in 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.

C.

Sign lighting. The provisions of Article VIII shall apply.

(Ord. No. 4117, § 1(Res. No. 9563, Exh. A, § 17), 11-19-13; Ord. No. 4163, § 1(3), 8-25-14)

Any lighting which does not meet the standards of this Zoning Ordinance shall require a use permit.

(Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 210), 5-6-14; Ord. No. 4163, § 1(3), 8-25-14)

Editor's note— Ord. No. 4163, § 1(3), adopted Aug. 25, 2014, repealed § 7.603 and renumbered the former § 7.604 as § 7.603 as set out herein. The historical notation has been retained with the amended provisions for reference purposes. The former § 7.603 pertained to submittals required and derived from Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 209), adopted May 6, 2014.

These regulations are intended to establish procedures and standards regarding the use of temporary/security fencing on sites with construction activity, on sites with occupied buildings, on undisturbed land, on revegetated areas, around vacant buildings, on vacant sites, and for a special event.

(Ord. No. 3724, § 2(Exh. 2), 3-6-07; Ord. No. 4005, § 1(Res. No. 8947, Exh. A, § 195), 4-3-12)

A.

Unless otherwise required by the Zoning Administrator, or the city's adopted building codes (building code), temporary/security fencing is not required for:

1.

Exterior improvements that will be completed in three (3) weeks from the date of the permit issuance.

2.

Demolition work that will be completed within one (1) week from the date of the permit issuance.

3.

Emergency repairs necessary to protect the public health, safety, or welfare.

4.

Construction activities that occur within an existing, completely enclosed, opaque fence or wall that will not be disturbed due to the construction activity.

5.

Landscape improvements and landscape maintenance.

6.

Plant removal and/or salvage.

7.

Interior building construction activities.

8.

Exterior painting.

9.

Exterior cosmetic material finish repairs and routine maintenance.

10.

Street and infrastructure improvements unless required in accordance with Section 7.705.E.

11.

New building construction and/or renovations, including the site improvements if applicable, with a total area less than five thousand (5,000) square feet.

(Ord. No. 3724, § 2(Exh. 2), 3-6-07; Ord. No. 3920, § 1(Exh. § 98), 11-9-10)

A.

The installation/erection of a temporary/security fence requires a building permit issued by the City. However, no building permit is required for a temporary/security fence on vacant sites or for an approved special event permit, unless required by the building code.

B.

No construction on a site or in the public right-of-way that requires a temporary/security fence shall begin before the temporary/security fence is in place and approved by the Building Official. Except as specified in Section 7.702, the property owner shall provide a temporary/security fence in the following circumstances:

1.

When construction and/or demolition occurs on any site visible from a public or private street, except for one (1) single-family dwelling and its associated site improvements;

2.

When required in accordance with the building code; and/or

3.

When mass grading occurs within three hundred (300) feet of a public or private street.

C.

Temporary/security fencing within the right-of-way or roadway easement shall require a separate encroachment permit issued by the City.

D.

A temporary/security fencing permit shall not be issued for more than ninety (90) days, unless the permit for the temporary/security fencing is associated with an active building permit as determined by the Building Official. The Building Official may authorize and/or require an extension of the temporary/security fencing permit if an active building permit has expired, and/or if a construction site is abandoned and/or is determined detrimental to the public health, safety, or welfare.

(Ord. No. 3724, § 2(Exh. 2), 3-6-07; Ord. No. 3920, § 1(Exh. §§ 99, 100), 11-9-10; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, §§ 211, 212), 5-6-14)

A.

Temporary/security fencing associated with an active building permit may not be removed until approved by the Building Official. The property owner shall immediately remove the temporary/security fencing upon the approval of the Building Official.

1.

Sites that contain multiple buildings shall maintain the temporary/security fencing around the portion of the site and buildings under construction as determined by the Building Official.

B.

Temporary/security fencing associated with an exterior demolition permit shall not be removed until approved by the Building Official. The property owner shall immediately remove the temporary/security fencing upon the approval of the Building Official.

(Ord. No. 3724, § 2(Exh. 2), 3-6-07; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 213), 5-6-14)

A.

Temporary/security fencing is prohibited around a vacant building and/or vacant site that does not have an active building permit for exterior improvements, or is not in compliance with the temporary/security fencing design requirements, unless the city's Building Official has deemed the building and/or site is uninhabitable, or detrimental to the public health, safety, or welfare in accordance with the Scottsdale Revised Code and has ordered the vacant building and/or vacant site to be secured as approved by the Building Official.

B.

Unless approved by the Zoning Administrator, temporary/security fencing is prohibited in the following:

1.

Natural Area Open Space(NAOS), Scenic Corridors, Buffered Setbacks, Desert Scenic Roadways Setbacks;

2.

On undisturbed land;

3.

On revegetated areas; and

4.

Between a street and the NAOS, Scenic Corridors, Buffered Setbacks, Desert Scenic Roadways Setbacks, undisturbed land, or revegetated areas.

C.

Occupied buildings not associated with a building permit or a special event permit shall not be enclosed with temporary/security fencing.

1.

Temporary/security fencing associated with a building permit for exterior improvements of an occupied building or a special event permit that includes an occupied building shall not be installed in a manner to prohibit the safe and continued operation of the building in accordance with the building code. Required exits, existing structural elements, fire protection devices, and sanitary safeguards shall be maintained at all times in accordance with the building code.

D.

Temporary/security fencing shall not be installed that results in a diversion of water onto a separately owned parcel, tract, right-of-way, right-of-way easement, roadway easement, and/or private street.

E.

Existing streets, public transportation stops, fire hydrants, and/or public sidewalks shall not be enclosed by temporary/security fencing unless the Building Official determines that the facilities are required to be fenced to protect the public health, safety, or welfare.

(Ord. No. 3724, § 2(Exh. 2), 3-6-07; Ord. No. 3920, § 1(Exh. § 101), 11-9-10; Ord. No. 4005, § 1(Res. No. 8947, Exh. A, § 196), 4-3-12; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, §§ 214, 215), 5-6-14)

A.

Individual single-family dwellings and/or associated improvements shall not contain signs attached to the temporary/security fencing.

B.

Temporary signs allowed in Article VIII may be attached to temporary/security fencing.

C.

Emergency access identification, traffic control identification, access identification, safety identification, and other identification as required by the Occupational Safety and Health Administration and/or the building code shall be provided on the temporary/security fencing in accordance with the temporary/security fencing design requirements.

(Ord. No. 3724, § 2(Exh. 2), 3-6-07; Ord. No. 4117, § 1(Res. No. 9563, Exh. A, § 18), 11-19-13; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 216), 5-6-14; Ord. No. 4300, § 1(Res. No. 10727, § 1(Exh. A, § 1), 5-23-17)

A.

All temporary/security fencing for construction sites shall include screening, emergency identification and safety identification that complies with the city's Design Standards & Policies Manual.

B.

Temporary/security fencing that is electively provided on vacant sites and/or around vacant buildings shall comply with the city's Design Standards & Policies Manual.

C.

Temporary/security fencing for an approved special event permit shall comply with the city's Design Standards & Policies Manual.

D.

Temporary/security fencing shall not include barbed wire, razor wire, razor ribbon, concertina wire, or similar features.

(Ord. No. 3724, § 2(Exh. 2), 3-6-07)

A.

Required temporary/security fencing and electively provided temporary/security fencing shall be built and maintained in good order in accordance with the building code.

B.

Screening attached to temporary/security fencing shall be kept in neat and undamaged condition.

(Ord. No. 3724, § 2(Exh. 2), 3-6-07)

(Ord. No. 4048, § 1(Res. No. 9223, § 1(Exh. A, § 16), 11-14-12)

This section contains the requirements for Development Plan submittals and Development Master Plans for projects that are to be developed in more than one (1) phase.

(Ord. No. 4048, § 1(Res. No. 9223, § 1(Exh. A, § 17), 11-14-12)

A.

General Intent. The DP consists of several required or optional components such as land use, transportation, drainage, parking, and design. A DP helps address compliance with the Zoning Ordinance and allows for consideration of flexible development standards. Zoning districts that require a DP include, but are not limited to, Planned Community P-C, Planned Neighborhood Center PNC, Planned Community Center PCC, Planned Regional Center PRC, Planned Block Development Overlay District PBD in the Downtown D district, Western Theme Park W-P, Planned Airpark Core Development PCP, Planned Unit Development PUD, Planned Residential Development PRD, Planned Shared Development Overlay District PSD, and Special Campus SC.

B.

Basic Criteria. A DP shall demonstrate compliance with the purposes of the applicable zoning district.

C.

DPs Required by District. The following table outlines the components in a DP for each of the districts listed:

Note: R = Required component of the DP submittal.
O = Optional component of the DP submittal as determined by the Zoning Administrator.

D.

Specific Submittal Requirements. The Design Standards and Policies Manual (DSPM) sets forth what is required in each component of the DP.

E.

Approvals. The City Council's approval of the proposed zoning district map amendment to the districts listed in the table above includes the approval of the DP. The approval is subject to the City Council finding that the DP meets the purpose of the zoning district and is in substantial harmony with the General Plan.

F.

Minor Changes. Minor changes to the approved DP shall be those determined by the Zoning Administrator relative to the original approved zoning district map amendment DP, and all subsequent amendments to the DP. The Zoning Administrator shall consider whether the changes:

1.

Remain in substantial conformance with the nature and character of the approved development,

2.

Create a significant increase in demand on public infrastructure, or

3.

Significantly alter the physical relationship with adjacent properties.

G.

Major Changes. Major changes are all changes that are not minor changes. Major changes are subject to approval by the City Council through the public hearing process (Sections 1.600 and 1.700).

(Ord. No. 4048, § 1(Res. No. 9223, § 1(Exh. A, § 17), 11-14-12; Ord. No. 4083, § 1(Res. No. 9411, Exh. A, §§ 3, 4), 5-14-13; Ord. No. 4124, § 1(Res. No. 9599, Exh. A, § 3), 1-14-14; Ord. No. 4244, §§ 3, 4, 5-17-16)

A.

General Intent. The DMP shall provide overall coordination of urban design character, buffering to adjacent uses, transportation systems, and infrastructure necessary for the proposed development. The DMP also addresses compliance by the proposed development with city approved master plans for public infrastructure.

B.

Requirement for Submittal of a DMP. A DMP is required for a parcel that develops under the following conditions as determined by the Zoning Administrator:

1.

The development includes more than one (1) phase of site construction; and

2.

The development property has a gross area equal to or greater than two (2.0) acres.

C.

Development Master Plan - required components. A DMP shall include the following components:

1.

Master Phasing Plan;

2.

Master Sensitive Design Concepts and Plan, including:

a.

An Open Space Plan,

b.

A Landscape and Buffer Plan, and

c.

A Master Design Concept Plan;

3.

Master Drainage Systems Plan;

4.

Master Transportation Systems Plan;

5.

Master Water Systems Plan;

6.

Master Wastewater System Plan; and

7.

Master Planned Property Plat.

D.

Development Master Plan - optional components. A DMP may include the following components, as required by the Zoning Administrator:

1.

Community Sign District Plan (refer to Article VIII); or

2.

Master Parking Plan including:

a.

Mixed-Use Shared Parking Program (refer to Article IX), or

b.

Parking Master Plan (refer to Article IX).

E.

Specific Submittal Requirements. The Design Standards & Policies Manual sets forth what is required in each component of the DMP, except as listed in the cross-references above.

F.

Approvals Required. The approval of the components the DMP shall be as follows:

1.

The Master Sensitive Design Concepts and Plan and the Master Planned Property Plat shall be subject to the approval of the Development Review Board, as specified in Article I.

2.

All of the other DMP components shall be subject to the approval of the Zoning Administrator.

G.

Timing of Approvals. The approval of the entire DMP shall be completed before the Development Review Board may approve the design and site plan for any buildings on the property, and before issuance of any building permits.

(Ord. No. 4048, § 1(Res. No. 9223, § 1(Exh. A, § 17), 11-14-12; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 217), 5-6-14)

(Ord. No. 4652, § 1(Res. No. 13255, § 1(Exh. A, § 7)), 11-25-24)

A.

These provisions describe the qualifications, application requirements, and property development standards for the development of an Accessory Dwelling Unit to ensure that an Accessory Dwelling Unit is consistent with the character of single-family residential neighborhoods, and to minimize impacts of the development. The qualifications, requirements, and regulations in these provisions are in addition to the other codes and requirements of the City of Scottsdale.

(Ord. No. 4652, § 1(Res. No. 13255, § 1(Exh. A, § 7)), 11-25-24)

A.

An Accessory Dwelling Unit shall only be established upon demonstration of all of the following requirements:

1.

Location.

a.

An Accessory Dwelling Unit shall only be permitted on a single-family residential lot as permitted by the underlying zoning district. No Accessory Dwelling Unit shall be constructed upon a single-family residential lot unless the main single-family residential dwelling has been constructed and received a Certificate of Occupancy on the same lot. No Accessory Dwelling Unit shall be issued a Certificate of Occupancy unless a Certificate of Occupancy has been issued for the main single-family residential dwelling on the same lot.

b.

An Accessory Dwelling Unit shall not be located in any of the following areas:

i.

Land in the territory in the vicinity of a military airport or ancillary military facility as defined in A.R.S. § 28-8461, or

ii.

Land in the territory in the vicinity of a federal aviation administration commercially licensed airport or a general aviation or public airport as defined in A.R.S. § 28-8486.

2.

Utility services.

a.

The property owner shall provide separately metered utilities (electrical, gas, water, and sanitary sewer) connections to the Accessory Dwelling Unit, unless otherwise determined by the utility provider.

b.

The property owner shall be responsible to repair any public street or other public property that is disturbed as a result of the construction of an Accessory Dwelling Unit to the requirements and standards of the City.

3.

Ownership, renting, and subdivision.

a.

Any Accessory Dwelling Unit on a single-family residential lot shall not be sold separately from the main single-family residential dwelling on the same lot.

b.

Any Accessory Dwelling Unit that is rented, leased, offered for rent or lease, or occupied as a Vacation Rental or Short-term Rental shall be subject to the requirements of Sec. 7.203.

c.

A Restricted-Affordable Detached Accessory Dwelling Unit shall only be rented to households earning up to eighty percent (80%) of area median income and shall not be offered as a Vacation Rental or Short-term Rental. Rent shall be established based on the household size and income in accordance with the rent and income limits published by the Arizona Department of Housing at the time of the lease agreement. Prior to issuance of any permit for a Restricted-Affordable Detached Accessory Dwelling Unit, the property owner shall enter into a private deed restriction to meet the requirements of this section, to the satisfaction of the City.

d.

A lot or parcel shall not be subdivided, including through a condominium plat, in a manner that would create a separate lot, parcel, or ownership boundaries exclusively for the main single-family residential dwelling or for an Accessory Dwelling Unit.

(Ord. No. 4652, § 1(Res. No. 13255, § 1(Exh. A, § 7)), 11-25-24)

A.

Prior to issuance of any permit for an Accessory Dwelling Unit, the property owner shall submit a development application for review, subject to the requirements of Sec. 1.300. The Zoning Administrator or designee shall review a development application for an Accessory Dwelling Unit. The Zoning Administrator or designee shall have the authority to approve, approve with stipulations, or deny a development application for an Accessory Dwelling Unit and that decision shall not be appealable. The property owner must receive approval of the development application before any permit for an Accessory Dwelling Unit will be issued.

B.

In addition to the standard requirements of a development application, any development application for an Accessory Dwelling Unit shall demonstrate the following application requirements, to the satisfaction of the Zoning Administrator or designee:

1.

A site plan in conformance with City of Scottsdale rules, regulations, and guidelines for development. The site plan shall also demonstrate, amongst other requirements, that the proposed Accessory Dwelling Unit is located on a single-family residential lot with an existing main single-family residential dwelling on the same lot and demonstrate compliance with the requirements Sec. 7.904.

2.

The gross floor area of the existing main single-family residential dwelling on the same lot, and plans of the proposed Accessory Dwelling Unit that are in compliance with the requirements of this section.

3.

Separately metered utilities (electrical, gas, water, and sanitary sewer) and connections to the Accessory Dwelling Unit, unless otherwise determined by the utility provider.

4.

Compliance with all applicable building code and fire code requirements, as adopted by the City of Scottsdale, unless otherwise exempted by state statutes.

5.

That, prior to the issuance of any permit for the Restricted-Affordable Detached Accessory Dwelling Unit, the property owner has recorded a private deed restriction acknowledging that the Restricted-Affordable Detached Accessory Dwelling Unit will only be rented to households earning up to eighty percent (80%) of the area median income and will not be offered as a Vacation Rental or Short-term Rental, in a form satisfactory to the City.

C.

Conversion of existing building to an Accessory Dwelling Unit.

1.

In order to convert an existing building, or portion of an existing building, to an Accessory Dwelling Unit, the property owner shall comply with the requirements of Sec. 7.900., including but not limited to, provision of sleeping facilities, kitchen facilities, and sanitary facilities, and compliance with all applicable building code and fire code requirements.

(Ord. No. 4652, § 1(Res. No. 13255, § 1(Exh. A, § 7)), 11-25-24)

A.

An Accessory Dwelling Unit shall be subject to the property development standards of the zoning district for which the proposed Accessory Dwelling Unit is located within, except as modified by this section. If there is a conflict between the property development standards of the underlying zoning district and the property development standards outlined in this section, the property development standards of this section shall control.

1.

Density.

a.

Attached Accessory Dwelling Unit.

i.

There shall be no more than one (1) Attached Accessory Dwelling Unit on any one (1) single-family residential lot.

b.

Detached Accessory Dwelling Unit.

i.

There shall be no more than one (1) Detached Accessory Dwelling Unit on any one (1) single-family residential lot.

c.

Restricted-Affordable Detached Accessory Dwelling Unit.

i.

Single-family residential lots that are one (1) acre or larger in size are permitted one (1) Restricted-Affordable Detached Accessory Dwelling Unit on any one (1) single-family residential lot in addition to any existing Accessory Dwelling Unit(s) constructed on the lot.

d.

For any single-family residential lot less than one (1) acre in size, there shall be no more than two (2) total Accessory Dwelling Units on any one (1) lot. For any single-family residential lot that is one (1) acre or larger in size, there shall be no more than three (3) total Accessory Dwelling Units on any one (1) lot, one of which must be a Restricted-Affordable Detached Accessory Dwelling Unit.

2.

Size.

a.

Only one Accessory Dwelling Unit constructed on a single-family residential lot shall be allowed to have a gross floor area that is up seventy-five percent (75%) gross floor area of the main single-family residential dwelling on the same lot, or one thousand (1,000) gross square feet, whichever is less. All other Accessory Dwelling Units constructed on the same lot shall be five hundred (500) gross square feet or less in size.

3.

Occupancy.

a.

The cumulative occupancy of the main single-family residential dwelling in combination with any Accessory Dwelling Units on the same single-family residential lot shall not exceed six (6) adults. A familial, marital, employment, or other preexisting relationship between the owner or occupant of the main single-family residential dwelling and the occupant of an Accessory Dwelling Unit located on the same lot is not required.

4.

Building height.

a.

No Accessory Dwelling Unit shall exceed the building height permitted in the zoning district for which the Accessory Dwelling Unit is located.

5.

Building setbacks.

a.

Attached Accessory Dwelling Unit.

i.

The building setbacks for an Attached Accessory Dwelling Unit shall be that which apply to a main single-family residential dwelling of the zoning district for which the Attached Accessory Dwelling Unit is located.

b.

Detached Accessory Dwelling Unit or Restricted-Affordable Detached Accessory Dwelling Unit.

i.

A Detached Accessory Dwelling Unit or Restricted-Affordable Detached Accessory Dwelling Unit shall not be permitted in a required front yard, including the front yard on the longer street frontage of a corner lot.

ii.

A Detached Accessory Dwelling Unit or Restricted-Affordable Detached Accessory Dwelling Unit shall not be permitted in a required side yard.

iii.

A Detached Accessory Dwelling Unit or Restricted-Affordable Detached Accessory Dwelling Unit that is located within a rear yard may be constructed five (5) feet from a side or rear property line.

6.

Distance between buildings.

a.

There shall not be less than ten (10) feet between an Accessory Dwelling Unit and the main single-family residential dwelling on the same lot, or between an Accessory Dwelling Unit and another Accessory Dwelling Unit on the same lot.

7.

Private outdoor living space.

a.

Each Accessory Dwelling Unit shall provide private outdoor living space located adjacent to the Accessory Dwelling Unit.

b.

Each private outdoor living space shall be at least five (5) feet deep and fifty (50) square feet in area.

8.

Parking.

a.

The addition of an Accessory Dwelling Unit to a single-family residential lot shall not reduce or eliminate any required parking for the main single-family residential dwelling on the lot. The minimum parking requirements for the main single-family residential dwelling on the lot shall be provided at all times. If an Accessory Dwelling Unit removes or modifies existing required vehicle parking spaces for the main single-family residential dwelling on the lot, the minimum required parking spaces for the main single-family residential dwelling on the lot shall be replaced on the same lot in a location approved by the Zoning Administrator or designee.

9.

Access.

a.

Each Accessory Dwelling Unit shall provide a separate exterior entrance from that serving the main single-family residential dwelling on the same lot.

b.

The path of ingress and egress travel from an Accessory Dwelling Unit to the main street frontage of the lot, or to a yard that opens to the main street frontage of the lot, shall be independent of, and not pass through, the main single-family residential dwelling.

10.

Addressing.

a.

Each Accessory Dwelling Unit shall provide a unique address that follows the City's addressing requirements, policies, and assignment process. The address of an Accessory Dwelling Unit shall be placed near the primary entrance of the Accessory Dwelling Unit, clearly visible from the main street frontage of the lot, and meet the requirements of Sec. 8.401.

(Ord. No. 4652, § 1(Res. No. 13255, § 1(Exh. A, § 7)), 11-25-24)

A.

The City Council finds that:

1.

The City has an active and established artistic culture, including the Scottsdale Center for the Arts, Scottsdale Museum of Contemporary Art, Scottsdale Museum of the West, an Arts District, and a variety of public cultural activities; and

2.

Enhancement of the artistic culture will contribute to the continued vitality and economic, social, and aesthetic well-being of the community, to the benefit of both the private and public sectors; and

3.

Integration of publicly-visible artwork into private development projects will strengthen the City's image as an arts and cultural center, and enhance the urban environment.

B.

The City Council proposes to promote the artistic culture by:

1.

Encouraging collaboration among the city, property owners, developers, artists, architects, landscape architects, engineers and other project planners;

2.

Providing means to finance artworks, cultural events and programs in key public areas; and

3.

Granting development bonuses for projects that contribute more to the Cultural Improvements Program than is required in applicable zoning districts.

(Ord. No. 3987, § 1(Res. No. 8948, § 1(Exh. A, § 26), 11-14-12; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 223), 5-6-14; Ord. No. 4355, § 1(Res. No. 11190, § 4, Exh. A), 7-2-18; Ord. No. 4629, § 1(Res. No. 13058, § 1(Exh. A, § 9)), 2-20-24)

A.

The Cultural Improvement Program shall be administered by the Zoning Administrator.

B.

The organization contracted to review the artwork commissioned for the Cultural Improvement Program shall be called the Cultural Council for purposes of this article.

(Ord. No. 3987, § 1(Res. No. 8948, § 1(Exh. A, § 26), 11-14-12; Ord. No. 4629, § 1(Res. No. 13058, § 1(Exh. A, § 9)), 2-20-24)

A.

In addition to the definitions of Article III. of the Zoning Ordinance, the definitions in Chapter 20, Article VII. of the Scottsdale Revised Code shall apply to the Cultural Improvement Program.

(Ord. No. 3987, § 1(Res. No. 8948, § 1(Exh. A, § 26), 11-14-12; Ord. No. 4629, § 1(Res. No. 13058, § 1(Exh. A, § 9)), 2-20-24)

A.

The Cultural Improvement Program contribution shall only be used to pay the cost of artwork.

B.

The Cultural Improvement Program applies to private development projects in zoning districts requiring a Cultural Improvement Program contribution.

C.

The Cultural Improvement Program contribution shall be based on building valuation which, for the purposes of the Cultural Improvement Program, shall be the total valuation of all buildings in a development, computed without reductions.

D.

The City Auditor may audit any part of the Cultural Improvement Program, including the property owner's itemized account of expenses submitted to the Cultural Council.

(Ord. No. 3987, § 1(Res. No. 8948, § 1(Exh. A, § 26), 11-14-12; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 224), 5-6-14; Ord. No. 4629, § 1(Res. No. 13058, § 1(Exh. A, § 9)), 2-20-24)

A.

When a property owner participates in the Cultural Improvement Program, the property owner shall:

1.

Commission and install original artwork, per an approved Final Art Plan, on the property that is subject to the Cultural Improvement Program contribution, or

2.

Pay the Cultural Improvement Program contribution, as follows:

a.

Into the Downtown Cultural Fund, for property in the Old Town Area, or

b.

Into the Art in Public Places Account, for property outside the Old Town Area.

B.

After a property owner commissions and installs artwork, the property owner shall pay any unexpended Cultural Improvement Program contribution into the appropriate fund.

(Ord. No. 3987, § 1(Res. No. 8948, § 1(Exh. A, § 26), 11-14-12; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 225), 5-6-14; Ord. No. 4355, § 1(Res. No. 11190, § 4, Exh. A), 7-2-18; Ord. No. 4629, § 1(Res. No. 13058, § 1(Exh. A, § 9)), 2-20-24)

A.

Disbursement of the Cultural Improvement Program contribution in the Downtown Cultural Fund shall only be used for the cost of artwork, excluding event-based artwork, on property in the Old Town Area.

B.

Disbursement of the Cultural Improvement Program contribution in the Art in Public Places Account may be used for the cost of artwork anywhere in the city.

C.

Each disbursement shall comply with the Cultural Improvement Program and be subject to the City's Cultural Council contract administrator approval.

D.

Disbursement may be made only after receipt of an itemized account for the artwork, narrative explanation for the request, and any other information requested by the City's Cultural Council contract administrator.

(Ord. No. 3987, § 1(Res. No. 8948, § 1(Exh. A, § 26), 11-14-12; Ord. No. 4099, § 1(Res. No. 9439, Exh. A, § 14), 6-18-13; Ord. No. 4355, § 1(Res. No. 11190, § 4, Exh. A), 7-2-18; Ord. No. 4629, § 1(Res. No. 13058, § 1(Exh. A, § 9)), 2-20-24)

A.

The Cultural Improvement Program contribution requirement shall not apply to:

1.

Tenant improvements; and

2.

Alteration of a building for which a Cultural Improvement Program contribution was previously made.

(Ord. No. 3987, § 1(Res. No. 8948, § 1(Exh. A, § 26), 11-14-12; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 226), 5-6-14)

A.

The property owner shall select the artist and artwork, subject to Chapter 20, Article VII of the Scottsdale Revised Code.

1.

The Cultural Council shall verify and approve only an artist and artwork that meet the definitions of Chapter 20, Article VII of the Scottsdale Revised Code.

B.

The property owner shall select the artist and artwork by one of the following procedures:

1.

Select an independent visual arts professional to assist in selecting the artist and artwork, in accordance with this article; or

2.

Use the Cultural Council to assist in selecting the artist and artwork, in accordance with procedures established by the Cultural Council.

(Ord. No. 3987, § 1(Res. No. 8948, § 1(Exh. A, § 26), 11-14-12; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 227), 5-6-14)

A.

Conceptual Art Plan.

1.

The Conceptual Art Plan shall include the following:

a.

The property owner(s) and artist(s) names and contact information,

b.

A schematic design and approximate size of the artwork,

c.

A site plan and/or floor plan that identifies the artwork location(s), and

d.

Additional information as required by the Cultural Council.

B.

Final Art Plan.

1.

The Final Art Plan shall include the following:

a.

The property owner(s) and artist(s) names and contact information,

b.

Final design drawings,

c.

Model, unless the Cultural Council waives this requirement, and

d.

Additional information as required by the Cultural Council.

C.

Construction documents.

1.

The property owner shall submit construction documents and related information for the artwork, as determined by the Building Official, to obtain approval and building permits.

(Ord. No. 3987, § 1(Res. No. 8948, § 1(Exh. A, § 26), 11-14-12; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, §§ 228—230), 5-6-14)

A.

With the first Development Review application, the property owner shall:

1.

Include an approved Conceptual Art Plan that includes the artwork and location; or

2.

Propose, in the application narrative:

a.

A methodology and timeframe to obtain an approved Conceptual Art Plan and submit a separate Development Review application for the artwork location before the first building permit application for the development;

b.

An in-lieu payment to be made with the first building permit issuance for the development; or

c.

That the artwork or the in-lieu payment be deferred in accordance with section 7.1014.

B.

Before the first building permit application, the Zoning Administrator may allow modifications to the proposal to satisfy the Cultural Improvement Program requirements.

C.

Before the issuance of the first building permit for the development, the property owner shall:

1.

Submit and obtain approval of a Conceptual Art Plan from the Cultural Council.

a.

The Cultural Council shall approve, approve with stipulations, or deny the Conceptual Art Plan based on:

i.

The consistency of the artwork with any applicable adopted public art master plan,

ii.

The relationship of the artwork to existing artworks within the site or the surrounding areas, and

iii.

The consistency of the artwork with this article and Chapter 20, Article VII of the Scottsdale Revised Code.

b.

The Cultural Council shall not impose its artistic judgment on the artwork.

2.

Submit and obtain approval of the artwork location from the Development Review Board, as provided in Article I. All artwork shall be placed in exterior spaces, or applied to the exterior of a building. The exterior artwork shall be visible from a public street or pedestrian area such as a walkway or plaza that has public access dedicated to the City.

D.

Before the issuance of the first certificate of occupancy or letter of acceptance for the development, whichever occurs first, except as provided in Section 7.1014., the property owner shall:

1.

Submit and obtain approval of a Final Art Plan from the Cultural Council.

2.

Submit a copy of the Cultural Council approval of the Final Art Plan to the Zoning Administrator.

3.

Submit the original signed Letter of Recommendation for a Certificate of Completion, issued by the Cultural Council for the artwork, to the Zoning Administrator.

(Ord. No. 3987, § 1(Res. No. 8948, § 1(Exh. A, § 26), 11-14-12; Ord. No. 4099, § 1(Res. No. 9439, Exh. A, § 15), 6-18-13; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, §§ 231—233), 5-6-14)

A.

The approval, approval with stipulations, or denial of a Conceptual Art Plan by the Cultural Council shall be final unless:

1.

Within twenty (20) days after the Cultural Council's decision, the property owner submits to the City Clerk a written appeal of the Cultural Council's decision; or

2.

At the next regularly-scheduled City Council meeting at least fifteen (15) days after the Cultural Council's decision, the City Council votes to review the Cultural Council's decision.

B.

An appeal of the Cultural Council decision shall include a statement of the grounds of the appeal, and the relief requested.

C.

City Council initiation of a review of a Cultural Council decision.

1.

At the next regularly-scheduled City Council meeting at least fifteen (15) days after the Cultural Council's decision, the City Council shall decide by majority vote of those present whether to review a Cultural Council decision.

2.

Within five (5) working days after the City Council votes to review the Cultural Council decision, the Zoning Administrator shall notify the property owner of the date and time of the City Council meeting to review the Cultural Council's decision.

D.

City Council review of a Cultural Council decision.

1.

The City Clerk shall schedule the appeal, or the City Council review, of a Cultural Council decision on the next regularly-scheduled City Council meeting at least 30 days after the appeal or City Council vote to review.

2.

The City Council at its meeting, shall affirm, modify, or reverse the decision of the Cultural Council. The decision of the City Council shall be final.

(Ord. No. 3987, § 1(Res. No. 8948, § 1(Exh. A, § 26), 11-14-12; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 234), 5-6-14)

A.

The artist or visual arts professional shall supervise the installation of the artwork. Before issuance of the Certificate of Completion, the property owner shall install a plaque with the artwork that identifies the:

1.

Artwork title;

2.

Artist name; and

3.

Year of the artwork's installation.

B.

Within thirty (30) days of the installation, the property owner shall submit an itemized account of expenses for the artwork and its installation to the Cultural Council. The itemized account is subject to the Cultural Council's review.

C.

After the Cultural Council is satisfied that the artwork, as installed, meets the requirements of this article, the Cultural Council shall recommend to the Zoning Administrator whether to issue a Certificate of Completion. The Certificate of Completion shall include:

1.

A statement that the requirements of this article have been met;

2.

The date on which the installation was completed;

3.

An itemized account of the expenses incurred by the property owner in fulfilling the requirements of this Zoning Ordinance; and

4.

The signatures of the Zoning Administrator, the City's Cultural Council contract administrator, and the Cultural Council's designee.

D.

The Certificate of Completion shall be kept in the permanent zoning district map amendment case file for the development site.

E.

A Certificate of Completion issued in error does not relieve the property owner from the requirements of this Zoning Ordinance.

(Ord. No. 3987, § 1(Res. No. 8948, § 1(Exh. A, § 26), 11-14-12; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, §§ 235—238), 5-6-14; Ord. No. 4355, § 1(Res. No. 11190, § 4, Exh. A), 7-2-18)

A.

Phased developments.

1.

The property owner(s) shall obtain a Certificate of Completion for the artwork before the issuance of the first certificate of occupancy for the first phase of development, except as allowed in Section 7.1014.

B.

Multi-property owner developments.

1.

Each property owner within a development shall separately comply with this Zoning Ordinance before the issuance of the certificate of occupancy for the property owner's respective portion of the development, except as allowed in Section 7.1013.C. and Section 7.1014.

C.

Combination of artwork requirements.

1.

The property owners of a phased or multi- property owner development may combine the artwork requirements for each phase or each property owner, upon the Cultural Council's approval of a Conceptual Art Plan for the development.

2.

The Zoning Administrator may enter into an agreement with the property owner(s) regarding combined artwork requirements. The agreement shall be in a form satisfactory to the City Attorney and recorded against the property. The agreement shall include, but not be limited to:

a.

The property owners' artwork requirements,

b.

The schedule for installing the artwork, and

c.

The penalties for the property owner's breach of the agreement.

(Ord. No. 3987, § 1(Res. No. 8948, § 1(Exh. A, § 26), 11-14-12; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 239), 5-6-14)

A.

Before the issuance of the first building permit for the development, the Zoning Administrator may enter into an agreement with the property owner(s) regarding installing artwork or paying an in-lieu payment on a deferred schedule. The agreement shall be in a form satisfactory to the City Attorney and recorded against the property. The agreement shall include, but not be limited to:

1.

The property owner's artwork requirements,

2.

The schedule for installing the artwork, and

3.

The penalties for the property owner's breach of the agreement.

B.

Before the issuance of the first building permit for the first phase of a phased development, the Zoning Administrator may enter into an agreement with the property owner(s) regarding paying an in-lieu payment on a deferred schedule. The payment amount shall be pro-rated per phase, based on the building valuation of all buildings for each phase. The agreement shall be in a form satisfactory to the City Attorney and recorded against the property. The agreement shall include, but not be limited to:

1.

The property owner's in-lieu payment requirements,

2.

The schedule for paying the in-lieu payment, and

3.

The penalties for the property owner's breach of the agreement.

(Ord. No. 3987, § 1(Res. No. 8948, § 1(Exh. A, § 26), 11-14-12; Ord. No. 4099, § 1(Res. No. 9439, Exh. A, § 16), 6-18-13; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 240), 5-6-14)

A.

Privately-owned artwork installed under the Cultural Improvement Program shall be maintained by the property owner, at the property owner's expense, in accordance with the Cultural Council's guidelines.

B.

The Cultural Council shall provide the City's Cultural Council contract administrator a status report regarding the maintenance and condition of all privately-owned artwork installed under the Cultural Improvement Program before July 1 each year.

C.

The property owner of artwork may request to remove the artwork for maintenance, accompanied by a schedule for reinstalling the artwork and additional information requested by the City's Cultural Council contract administrator.

(Ord. No. 3987, § 1(Res. No. 8948, § 1(Exh. A, § 26), 11-14-12; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 241), 5-6-14; Ord. No. 4355, § 1(Res. No. 11190, § 4, Exh. A), 7-2-18)

A.

At the City's Cultural Council contract administrator's direction, and at no cost to the City, a property owner shall replace artwork that has been removed or has not been maintained in accordance with this Zoning Ordinance.

1.

To replace artwork, the property owner shall comply with the procedure in this Zoning Ordinance to install the original artwork. The value of the replaced artwork shall be equal to or greater than the original artwork when installed.

(Ord. No. 3987, § 1(Res. No. 8948, § 1(Exh. A, § 26), 11-14-12; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 242), 5-6-14; Ord. No. 4355, § 1(Res. No. 11190, § 4, Exh. A), 7-2-18)

A.

With the City Council's concurrence, the Cultural Council may recommend accepting as a gift to the City, after a two-year warranty period, privately-owned artwork installed under the Cultural Improvement Program.

B.

Artwork conveyed to the City shall be:

1.

Provided at no cost to the City;

2.

Gifted in accordance with the Cultural Council's public art collection policies;

3.

In a condition acceptable to the Cultural Council, in accordance with its guidelines.

4.

Continue to be maintained by the property owner in accordance with the Cultural Council's guidelines for two years after the City Council concurs with the Cultural Council's recommendation to accept artwork.

5.

Transferred to the City in a form satisfactory to the City Attorney, including provisions to indemnify the City and allow the City to relocate the artwork upon the property owner's request; and

6.

Accessible to the public, by an easement to the City from the public street to the artwork, for access and maintenance, subject to the Zoning Administrator's approval. The easement shall be in a form satisfactory to the City Attorney and dedicated before the Cultural Council accepts the artwork.

C.

After the two year period, the Cultural Council may accept artwork only if the property owner has maintained it in accordance with Cultural Council's guidelines.

D.

If the Cultural Council determines that the artwork has not been maintained in accordance with the Cultural Council's guidelines, the property owner shall continue to own and maintain the artwork in accordance with the Cultural Council's guidelines.

(Ord. No. 3987, § 1(Res. No. 8948, § 1(Exh. A, § 26), 11-14-12; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 243), 5-6-14)

A.

Applicability.

1.

The Special Public Improvements provisions are applicable to property zoned Planned Block Development (PBD) Overlay District or Planned Airpark Core Development (PCP) that utilize Special Public Improvements and/or any other community benefit(s) approved by City Council to obtain bonus development standards.

B.

Qualifying improvements. The following are Special Public Improvements that achieve public benefits and qualify a Development Plan for bonus development standards consideration. To qualify, the Special Public Improvement must reasonably relate to, or ameliorate adverse impacts caused by, the proposed bonus development standards. Specific limitations and requirements apply to each Special Public Improvement as indicated below. In-lieu contributions may be accepted for certain improvements as indicated below.

1.

Major infrastructure improvements.

a.

To achieve a bonus, a property owner shall provide one or more of the following improvements, in addition to those required by the Scottsdale Revised Code and Design Standards and Policies Manual as part of the Development Plan:

i.

Additions, replacements, new extensions, or upsizing of streets, water systems, sewer systems, drainage systems, transit facilities, pedestrian facilities, trail facilities, bicycling facilities, streetscaping facilities or other such infrastructure improvements as approved by the Zoning Administrator and City Engineer.

b.

These improvements shall be consistent in type and scope with the City's approved infrastructure master plans, if applicable.

c.

In-lieu contributions may be accepted as approved by the Zoning Administrator and City Engineer.

2.

Public parking area(s) within the Development Plan, or within the area of the Old Town Area or Greater Airpark, as applicable.

a.

The public parking area(s) shall be located where the City Council determines that public parking is needed for general parking or a recurring municipal-sponsored public event.

b.

The public parking spaces shall be in excess of those required for the Development Plan land uses.

c.

A minimum of 50 parking spaces shall be provided to the City.

d.

The public parking spaces shall be available, at a minimum, between the hours of 6:00 a.m. and 12:00 a.m. and easily accessible.

e.

The public parking area(s) shall be within an easement granted to the City.

f.

The property owner shall record a document that permanently imposes upon the property owner duties to operate, repair, maintain, renovate and insure the public parking spaces, in a form acceptable to the City Attorney.

g.

The property owner shall provide and maintain signage on the interior and exterior of the parking structure clearly identifying that the facility provides public parking and the location of the public parking. Parking areas shall provide lighting per City standards. The location and design of the signage and lighting shall be subject to Zoning Administrator approval.

h.

The public parking spaces shall be available to the public at no charge.

i.

The public parking spaces shall not be utilized for valet parking.

j.

The portion of the Total Construction Cost Estimate for public parking spaces in an above-ground parking structure shall be calculated as follows: the cost of constructing all the parking spaces in the above-ground parking structure in which the public parking is located, divided by the total number of parking spaces, multiplied by the number of public parking spaces, and multiplied by 0.25.

k.

The portion of the Total Construction Cost Estimate for public parking spaces in an underground parking structure or above grade structure with enhanced design shall be calculated as follows: the cost of constructing all the parking spaces in the parking structure in which the public parking is located, divided by the total number of parking spaces, and multiplied by the number of public parking spaces.

i.

Any above ground structured parking shall be screened by occupiable building space, and/or architecturally integrated with the neighboring context in accordance with the design recommendations of the Old Town Scottsdale Urban Design and Architectural Guidelines.

l.

Bonus public parking is ineligible for any other parking credit, benefit or waiver.

3.

Public open space, gathering space or plaza improvements within the Development Plan, or within the area of the Old Town Area or Greater Airpark, as applicable.

a.

Minimum area: 10,000 square feet.

b.

The public open space, gathering space or plaza shall be:

i.

In addition to any private outdoor living space or open space provided in the setbacks;

ii.

At grade level;

iii.

Visible from a public street;

iv.

Improved to include pedestrian amenities, such as landscaping, seating, tables, sidewalks, and drinking fountains; and

v.

Contiguous to other open space.

c.

The property owner shall record a document that permanently imposes upon the property owner duties to operate, repair, maintain, renovate and insure the public open space(s), in a form acceptable to the City Attorney.

d.

The public open space area(s), and public access to the public open space area(s), shall be determined through a development agreement between the property owner and the City.

4.

Cultural Improvements Program contribution within the Development Plan, or within the area of the Old Town Area or Greater Airpark, as applicable.

a.

To achieve a bonus, the property owner shall contribute to the Cultural Improvement Program, in addition to any contribution required by any other section of the Zoning Ordinance.

b.

Public art shall be located in an area accessible by and visible to the public and exterior of the building.

c.

In-lieu contributions may be accepted as approved by the Zoning Administrator and shall be paid into the Downtown Cultural Fund or Greater Airpark Cultural Fund, as applicable.

5.

Enhanced transit amenities within the Development Plan, or within the area of the Old Town Area or Greater Airpark, as applicable.

a.

To achieve a bonus, the property owner shall provide upgrades of the City standard for transit stops, such as additional seating, shade structures, pedestrian lighting, and other such enhancements.

b.

Improvements shall be designed to be integrated with the architectural character of the adjacent buildings or of an approved streetscape character.

c.

The improvements shall be maintained by the property owner.

d.

In-lieu contributions may be accepted as approved by the Zoning Administrator and City Engineer.

6.

Pedestrian amenities within the Development Plan, or within the area of the Old Town Area or Greater Airpark, as applicable.

a.

To achieve a bonus, the property owner shall provide pedestrian improvements, such as sidewalk shade covers, benches and other forms of seating, sidewalk lighting, and other such improvements that enhance the public sidewalks for pedestrian use.

b.

The improvements shall be maintained by the property owner.

c.

In-lieu contributions may be accepted as approved by the Zoning Administrator and City Engineer.

7.

Workforce housing.

a.

To achieve a bonus, a property owner shall enter into a development agreement to promote workforce housing within the Development Plan, in a form satisfactory to the City Attorney.

b.

The number of workforce housing dwelling units shall not exceed 40 percent of the total dwelling units provided. The number of workforce housing dwelling units in each phase of construction shall not exceed 40 percent of the total dwelling units provided in the phase.

8.

Uncategorized improvements and/or other community benefits. This includes other public improvement(s) not categorized above and/or any other community benefit(s), if the City Council finds:

a.

The public improvement(s) and/or community benefit(s) are proportional to the bonus(es) received, and

b.

The public improvement(s) and/or community benefit(s) ameliorate adverse impacts caused by the development, and

c.

The public improvement(s) and/or community benefit(s) is/are associated with a unique project that promotes economic development or other significant public enhancement, and the goals and policies of the General Plan and any applicable Character Area Plan.

i.

The property owner requesting a bonus related to a public improvement and/or community benefit for a project that promotes economic development shall submit a financial feasibility and economic impact study, if required by the Zoning Administrator, in consultation with the Economic Development Director, before the Planning Commission hearing.

C.

Special Public Improvements procedures and limitations.

1.

As part of an application for a zoning district map amendment, the property owner shall identify the specific bonus development standards being requested and calculate the required Contribution Cost based on the rubric outlined below.

2.

The bonus development standards request shall be reviewed and approved by the Zoning Administrator. The Zoning Administrator shall not approve any bonus development standards in excess of the property owner's contributions.

3.

The City Council shall review the proposed special public improvement(s) and/or other community benefit(s) upon review of a zoning district map amendment application. The City Council may, at their discretion, hold a public hearing to discuss and seek community input regarding any special public improvement and/or other community benefit determination.

4.

A professional consultant shall provide a Total Construction Cost Estimate (TCCE) of the proposed special public improvement(s) and/or other community benefit(s) mechanism in accordance with the rules established by the Zoning Administrator.

5.

The TCCE shall be subject to the review and approval of the Zoning Administrator and City Engineer prior to the first public hearing before the Planning Commission.

6.

An associated development agreement in a form satisfactory to the City Attorney shall be prepared by the property owner or applicant and include, but not be limited to, the following requirements:

a.

The Special Public Improvements and/or other community benefit(s) to be provided and other conditions to be met by the property owner,

b.

The means and timetable for achieving the Special Public Improvements and/or other community benefit(s) and other conditions,

c.

The applicable bonus development standards, and

d.

The consequences upon failure to provide the Special Public Improvements and/or other community benefit(s), or failure to meet other conditions of the development agreement.

7.

Any amendment to existing City Council approved bonus development standards is subject to further City Council review and approval.

8.

Any in lieu cash payments for bonus development standards in the PBD Overlay District shall be deposited in the Downtown Special Improvement Fund (DSIF). The DSIF funds shall be used exclusively for public improvements in the Old Town Area.

9.

Any in-lieu cash payments for bonus development standards in the PCP zoning district shall be deposited in the Greater Airpark Special Improvement Fund (GASIF). The GASIF funds shall be used exclusively for public improvements in the Greater Airpark Area.

10.

If the property owner proposes to dedicate property or an easement to the City for a Special Public Improvement, the Zoning Administrator may, at the property owner's expense, order one or more appraisals of the property or easement to determine the fair market value. The property owner shall reimburse the City for the appraisal(s) before the first public hearing before the Planning Commission.

11.

Improvements that result in a Special Public Improvement bonus and/or any other community benefit(s) are ineligible for payback agreements.

D.

Rubric for determining bonus development standards.

1.

The following formulas shall be utilized to determine Contribution Cost for bonus development standards:

a.

Bonus Floor Area Contribution Cost: CC = (BFA times 10) times (1.035 ^{(CY - 2013)} )

b.

Bonus Building Height Contribution Cost: CC = (BH times 10,000) times (1.035 ^{(CY - 2013)} )

i.

Bonus building height shall only apply to a limited area of the Development Plan, as determined by the Maximum Site Coverage for Bonus Building Height Contribution Cost as defined in Section 7.1200.D.1.b.ii. below. Development Plans that exceed the limitations of Section 7.1200.D.1.b.ii. shall be subject to the Bonus Building Height Coverage Overrun Contribution Cost as specified in Section 7.1200.D.1.b.iii. for that portion of the site (in square feet) that exceeds the coverage allowance.

ii.

Maximum Site Coverage for Bonus Building Height Contribution Cost. For Development Plan net lot areas of two (2) acres or less in size, the maximum area of a Development Plan that bonus height may cover under the Bonus Building Height Contribution Cost shall be sixty percent (60%) of the net lot area. The maximum coverage area shall be reduced in size by one percent (1%) for every one (1) acre increase in net lot area of the Development Plan greater than two (2) acres, but in no case shall the Maximum Site Coverage for Bonus Building Height Contribution Cost be reduced to less than thirty percent (30%) of the net lot area.

iii.

Bonus Building Height Coverage Overrun Contribution Cost: CC = (BHCO times 10) times (1.035 ^{(CY - 2013)} )

c.

Bonus Density Contribution Cost: CC = (BD times 10,000) times (1.035 ^{(CY - 2013)} )

2.

Factors used in formulas above:

a.

CC = Contribution Cost

b.

CY = Current Year

c.

BFA = Gross square footage of bonus floor area

d.

BH = Feet of bonus building height

e.

BHCO = Bonus height coverage overrun (in square feet)

f.

BD = Bonus dwelling units

3.

The CC may be distributed in whole or in part to the BFA, the BH, the BHCO, or to the BD, but the sum of the distribution shall never exceed the CC.

E.

Total Construction Cost Estimate (TCCE) requirements and limitations.

1.

The TCCE excludes all costs reimbursed in any way by the City or other persons, including grants, public paybacks, oversizing agreements, incentives or standard requirements.

2.

The TCCE excludes the cost of public improvements required for the development project and standard right-of-way dedications.

3.

The TCCE of a special public improvement and/or other community benefit(s) may include the fair market value of any dedicated land or easement included in the land area where the special public improvement and/or other community benefit is located.

(Ord. No. 4355, § 1(Res. No. 11190, § 4, Exh. A), 7-2-18; Ord. No. 4500, § 1(Res. No. 12141, § 1, Exh. A). 5-18-21; Ord. No. 4629, § 1(Res. No. 13058, § 1(Exh. A, § 9)), 2-20-24)

(Ord. No. 4651, § 1(Res. No. 13253, § 1(Exh. A, § 4)), 11-25-24, eff. 4-22-25; Res. No. 13437, § 1(Exh. 1, § 2), 6-24-25)

A.

These provisions describe the qualifications, application requirements, and property development standards for a development application for a Multifamily Conversion development. The qualifications, requirements, and regulations in these provisions are in addition to the other codes and requirements of the City of Scottsdale.

(Ord. No. 4651, § 1(Res. No. 13253, § 1(Exh. A, § 4)), 11-25-24, eff. 4-22-25; Res. No. 13437, § 1(Exh. 1, § 2), 6-24-25)

A.

A Multifamily Conversion development shall only be established upon all of the following requirements being met:

1.

Location.

a.

The Multifamily Conversion development shall be located on a parcel or parcels that have an existing commercial, mixed-use, or office building or buildings and that have received a Certificate of Occupancy on or before December 31, 2024, and

b.

The Multifamily Conversion development shall be located on a parcel or parcels that were created pursuant to Chapter 48 of the City of Scottsdale Revised Code on or before December 31, 2024 and are a minimum of one (1) net acre in size, but not more than twenty (20) net acres in size, and

c.

The Multifamily Conversion development shall not be located in any of the following areas:

i.

An area designated as a Commercial or Employment Hub or Essential Commercial or Employment Use Area on the Scottsdale Commercial and Employment Hubs and Essential Areas Table on file with the Planning Department, or

ii.

An area designated as a district of historical significance pursuant to A.R.S. § 9-462.01.A.10., or

iii.

An area designated as historic by the City of Scottsdale or on the national register of historic places, or

iv.

Land, which by whole or part, is located in the territory in the vicinity of a military airport or ancillary military facility as defined in A.R.S. § 28-8461, or

v.

Land, which by whole or part, is located in the territory in the vicinity of a federal aviation administration commercially licensed airport or a general aviation or public airport as defined in A.R.S. § 28-8486, or

vi.

Land, which by whole or part, has an average sound level of 65 decibels or higher measured along the lot line abutting the primary street frontage.

d.

For Multifamily Conversion developments with multiple parcels, such parcels must be contiguous and under single ownership or control to meet the minimum net acreage size requirements. Adjacent right-of-way and alleys shall not be considered as contributing to the contiguity of parcels.

2.

Water and sewer infrastructure.

a.

The Multifamily Conversion development shall demonstrate adequate public water and sewer infrastructure service for the entire proposed development, as administered by the City of Scottsdale.

3.

Building and fire codes.

a.

The Multifamily Conversion development shall demonstrate compliance with all applicable building code and fire code requirements, as adopted by the City of Scottsdale.

4.

Economically or functionally obsolete buildings.

a.

The Multifamily Conversion development shall demonstrate that the existing building or buildings located on the parcel or parcels of the development have been economically or functionally obsolete, to the satisfaction of the Zoning Administrator or designee.

5.

Moderate-income housing or low-income housing.

a.

The Multifamily Conversion development project shall allocate a minimum of ten (10) percent of the total dwelling units of the Multifamily Conversion development as either moderate-income housing or low-income housing, or any combination thereof, for at least twenty (20) years after the initial occupation of the proposed development project, in a form satisfactory to the City Attorney or designee.

6.

Maximum quantity of conversion parcels.

a.

The Multifamily Conversion development shall be located on a parcel that, cumulatively with any existing and approved Multifamily Conversion development, does not exceed the Scottsdale Total Allocated Multifamily Conversion Development Projects Allotment on file with the Planning Department, and as administered by the Zoning Administrator or designee. Fulfillment of the Scottsdale Total Allocated Multifamily Conversion Development Projects Allotment shall be determined by:

i.

The number of parcels redeveloped for Multifamily Conversion under this Ordinance; in cumulative with

ii.

The number of parcels with approved building permits for Multifamily Conversion under this Ordinance but not yet completed; in cumulative with

iii.

The number of parcels with submitted construction documents for development of a Multifamily Conversion under this Ordinance but not yet permitted.

(Ord. No. 4651, § 1(Res. No. 13253, § 1(Exh. A, § 4)), 11-25-24, eff. 4-22-25; Res. No. 13437, § 1(Exh. 1, § 2), 6-24-25)

A.

Prior to issuance of any permit for a Multifamily Conversion, the property owner shall submit for review of a development application, subject to the requirements of Sec. 1.300. The Zoning Administrator or designee shall review a development application for a qualified Multifamily Conversion development. The Zoning Administrator or designee shall have the authority to approve, approve with stipulations, or deny a development application for a qualified Multifamily Conversion development and the decision shall not be appealable. The property owner must receive approval of the development application before any permit for a Multifamily Conversion development will be issued.

B.

In addition to the standard requirements of a development application, any development application for a Multifamily Conversion development shall demonstrate the following application requirements, to the satisfaction of the Zoning Administrator or designee:

1.

A site plan in conformance with City of Scottsdale rules, regulations, and guidelines for development. The site plan shall also demonstrate, amongst other requirements, that the proposed development is located on a parcel or parcels that are a minimum of one (1) net acre in size, but not more than twenty (20) net acres in size, and that the Scottsdale Total Allocated Multifamily Conversion Development Projects Allotment has not, or will not be, exceeded by the proposed development.

2.

A site plan review and approval by all applicable utility providers impacted by the proposed development.

3.

Adequate existing public water supply and service, and sewer capacity and service for the entire proposed development, as administered by the City of Scottsdale.

4.

Compliance with all applicable building code and fire code requirements, as adopted by the City of Scottsdale.

5.

That the proposed Multifamily Conversion development is located on a parcel or parcels that have an existing commercial, mixed-use, or office building or buildings that received a Certificate of Occupancy on or before December 31, 2024.

6.

That the existing building or buildings located on the parcel or parcels of the proposed Multifamily Conversion development have been economically or functionally obsolete for at least six (6) continuous months.

7.

That the proposed Multifamily Conversion development will allocate a minimum of ten (10) percent of the total dwelling units of the Multifamily Conversion development as either moderate-income housing or low-income housing, or any combination thereof, for at least twenty (20) years after the initial occupation of the proposed development, in a form satisfactory to the Zoning Administrator and City Attorney or designees. The final form of documentation of this requirement shall be recorded by the City prior to issuance of any building permit.

(Ord. No. 4651, § 1(Res. No. 13253, § 1(Exh. A, § 4)), 11-25-24, eff. 4-22-25; Res. No. 13437, § 1(Exh. 1, § 2), 6-24-25)

A.

A Multifamily Conversion development shall be subject to the property development standards of the zoning district for which the proposed development is located within, except as modified by this section. If there is a conflict between the property development standards of the underlying zoning district and the property development standards outlined in this section, the property development standards of this section shall control.

1.

Density.

a.

Multifamily Conversion.

i.

The maximum multifamily residential density for a Multifamily Conversion development shall be equal to the highest allowable multifamily residential density of a multifamily residential zoning district shown in Table 4.100.A., or the portion of a Planned Community (P-C) with an underlying zoning district comparable to a multifamily residential district shown in Table 4.100.A., or a zoning district that permits residential development as an allowed land use, whichever density is greater, within one (1) mile of the subject Multifamily Conversion development. If there is no multifamily residential zoning district within one (1) mile of the subject Multifamily Conversion development, the maximum multifamily residential density for the subject Multifamily Conversion development shall be equivalent to the next closest multifamily residential zoning district by distance or the next closest zoning district in proximity to the subject Multifamily Conversion development that permits residential development as an allowed land use, whichever density is greater.

ii.

A Multifamily Conversion development constructed pursuant to the provisions of this section does not qualify as being within one (1) mile of a subsequent Multifamily Conversion development, or as the next closest multifamily residential district.

2.

Building height.

a.

Multifamily Conversion.

i.

The maximum building height for a Multifamily Conversion development located directly adjacent to and within one hundred (100) feet of a Single-family Residential District shall not exceed the lesser of two stories or thirty (30) feet (inclusive of rooftop appurtenances). This building height limitation applies only to buildings of the Multifamily Conversion development that are located within one hundred (100) feet of a Single-family Residential District.

ii.

The maximum building height for a Multifamily Conversion development that is not located within one hundred (100) feet of a Single-family Residential District shall not exceed the lesser of five (5) stories or sixty (60) feet, or the highest allowable multifamily residential building height (exclusive of rooftop appurtenances) for a multifamily residential zoning district shown in Table 4.100.A., or the portion of a Planned Community (P-C) with an underlying zoning district comparable to a multifamily residential district shown in Table 4.100.A., or a zoning district that permits residential development as an allowed land use, whichever building height is greater, within one (1) mile of the subject Multifamily Conversion development. If there is no multifamily residential zoning district within one (1) mile of the subject Multifamily Conversion development, the maximum building height for the subject Multifamily Conversion development shall be equivalent to the next closest multifamily residential zoning district by distance or the next closest zoning district in proximity to the subject Multifamily Conversion development that permits residential development as an allowed land use, whichever building height is greater.

iii.

Any Multifamily Conversion development constructed pursuant to the provisions of this section does not qualify as being within one (1) mile of a subsequent Multifamily Conversion development, or as the next closest multifamily residential district.

3.

Building setbacks.

a.

Multifamily Conversion.

i.

The minimum building setback for a Multifamily Conversion development shall be equivalent to the building setback requirements of the Townhouse Residential (R-4) zoning district.

4.

Private outdoor living space.

a.

Multifamily Conversion.

i.

All dwelling units shall include private outdoor living space located directly adjacent to the dwelling unit.

ii.

Each private outdoor living space shall be at least six (6) feet deep and sixty (60) square feet in area.

(Ord. No. 4651, § 1(Res. No. 13253, § 1(Exh. A, § 4)), 11-25-24, eff. 4-22-25; Res. No. 13437, § 1(Exh. 1, § 2), 6-24-25)