Sedona City Zoning Code
ARTICLE 1
General Provisions
1.1. Title and Effective Date
1.2. Purpose
The general purpose of this Code is to promote the public health, safety, and welfare by providing appropriate and reasonable controls for the development and use of lands in Sedona, while also protecting the rights of property owners. This Code also is intended to:
A. Implement the policies, goals, and strategies adopted by the City of Sedona, including those set forth in the Sedona Community Plan and other adopted plans;
B. Establish and apply zoning districts guided by the Sedona Community Plan that regulate the location, height, bulk, and size of buildings; provide for a variety of housing types; reduce congestion; and prevent the overcrowding of land;
C. Safeguard and enhance the appearance and quality of development in Sedona;
D. Facilitate the adequate provision of transportation, water, schools, parks, and other public infrastructure requirements; and
E. Sensitively fit the built environment into the natural environment with minimal disturbance to Sedona’s natural ecosystem by promoting planning, design, and development that:
(1) Is compatible with, preserves, and enhances sensitive natural areas such as steep slopes, floodplains, watercourses, drainage ways, and ridge lines; and natural topographic features such as rock outcrops and trees;
(2) Clusters dwellings and other structures to help save larger areas of open space and preserving natural terrain, minimizing public infrastructure costs, and preventing public safety hazards;
(3) Minimizes adverse visual impacts on view corridors and takes advantage of the natural terrain, as well as provides for public safety and human enjoyment;
(4) Minimizes construction of building pads in sensitive areas and steep slopes;
(5) Encourages the placement of roads and driveways so that they follow natural topography wherever possible and minimize cutting and grading; and
(6) Promotes building designs and construction practices that are sustainable, provide for solar or other alternate energy systems and are adaptable to multiple uses for extended building life cycles.
1.3. Authority, Applicability, and Jurisdiction
1.4. Interpretation and Conflicting Provisions
1.5. Transition from Prior Regulations
1.6. Nonconformities
1.7. Enforcement
A. Title
This document is officially entitled the “Land Development Code of the City of Sedona.” It is referred to within this document as “this Code” and may be referred to as the “LDC.”
B. Effective Date
This Code shall become effective on December 14, 2018.
A. Authority
B. General Applicability
This Code shall apply to all land, buildings, structures, and uses thereof located within the City of Sedona, as those terms are defined in Article 9: Rules of Construction and Definitions, unless an express exemption is granted within this Code.
C. Compliance Required
(1) No permit, certificate, or approval of any use that is subject to this Code shall be issued or granted by any department, agency, City official, or City employee without a finding of compliance with this Code having been issued by the appropriate review authority.
(2) Unless otherwise stated in this Code, no building or structure shall be erected, moved, converted, enlarged, reconstructed, or altered, nor shall any land or building be used, developed, or intended to be used for any purpose whatsoever, without a determination by the Director of substantial compliance with this Code.
(3) No lot of record that did not exist on the effective date of this Code shall be created by subdivision or otherwise unless it complies with this Code.
D. Severability
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Code or the application of it to any person or place is held by a court of competent jurisdiction to be invalid under Arizona law, unconstitutional under the Arizona or United States Constitutions, or inapplicable in any way to the City, for any reason, such decision shall not affect the validity of the remaining portions of this Code or its application to other persons and places. The City Council hereby expressly declares that it would have adopted this Code and each section, subsection, subdivision, sentence, clause, phrase or portion irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses or phrases may be declared invalid or unconstitutional.
E. Adoption of Zoning Map
The official “City of Sedona Zoning Map,” and any amendments together with all notations, data, references and other information, is adopted concurrently herewith and not included in this Code. It applies each zoning district to parcels within the City.
A. Interpretation of Terms
(1) The Director shall be responsible for the interpretation of all provisions of this Code not referenced in subsection (2) of this subsection.
(2) The City Engineer shall be responsible for the interpretation of all provisions of this Code related to grading, drainage, and street dimensions.
(3) Application for an interpretation shall be made in writing to the Director or City Engineer, as applicable.
B. Minimum Requirements
C. Harmonious Construction
The City intends that all provisions of this Code be construed harmoniously. When two or more provisions of this Code may appear to conflict, the Director shall construe such provisions in such a manner, if possible, as to give effect to both by harmonizing them with each other. In cases of conflict, the more specific provision shall govern.
D. Conflict with Other Public Laws, Ordinances, Regulations, or Permits
This Code complements other city, state, and federal regulations that affect land use. This Code is not intended to revoke or repeal any other public law, ordinance, regulation, or permit. However, where conditions, standards, or requirements imposed by any provision of this Code are either more restrictive or less restrictive than comparable standards imposed by any other public law, ordinance, or regulation, the provisions that are more restrictive or that impose higher standards or requirements, as determined by the Director, shall govern.
E. Conflict with Agreements Between Private Parties
This Code is not intended to revoke or repeal any easement, covenant, or other agreements between private parties. However, where the regulations of this Code are more restrictive or impose higher standards or requirements than such easement, covenant, or other agreements between private parties, then the requirements of this Code shall govern in accordance with applicable Arizona law. Nothing in this Code shall modify or repeal any private covenant or deed restriction, but such covenant or restriction shall not excuse any failure to comply with this Code. In no case shall the City be obligated to enforce the provisions of any easements, covenants, or agreements between private parties, unless the City is a party to such agreements and only if the City decides, in its discretion, to pursue enforcement action.
A. Repeal
This Code supersedes all other general and permanent ordinances enacted prior to the enactment of this Code. The previous Land Development Code for the City of Sedona, as was amended and supplemented, is hereby repealed.
B. Adoption of Existing Conditions of Approval
This Code adopts and incorporates by reference the stipulations and conditions from particular development approvals in effect under the 1995 Land Development Code (as amended). The Code further adopts and incorporates by reference all development plans, use permits, variances, stipulations, and conditions that currently apply to any parcel prior to the date of adoption of this Code.
C. Prior Development Approvals
(1) Any development approved under regulations in effect prior to the effective date of this Code may be carried out under the terms and conditions of the approval and the development standards in effect at the time of approval, provided the approval has not expired and the development complies with any applicable standards of this Code regarding ongoing operations and maintenance.
(2) If the prior approval expires, is revoked, or otherwise becomes invalid, any subsequent development of the site shall be subject to the procedures and standards of this Code.
(3) Unless otherwise provided in the initial approval, any proposed amendment to a permit or other form of approval issued under prior regulations shall be reviewed based on the development standards in effect at the time of submission of a complete application for the amendment.
D. Pending Applications
A development application that has been determined to be complete by the Director prior to the effective date of this Code may be decided under the regulations in effect when the application was determined to be complete, or may be reviewed and decided under this Code at the request of the applicant. Applications shall not be processed under a combination of prior regulations and this Code.
E. Prior Violations
If a development or activity in violation of the prior development regulations fully complies with this Code, it shall no longer be deemed a violation. Unpaid fees and/or penalties from prior enforcement of violations may still be valid and may remain the responsibility of the violator under the prior regulations, as determined by the Director.
A. Purpose
The purpose of this Section 1.6 is to regulate and limit the development and continued existence of uses, structures, lots, signs, and site features such as parking and landscaping, that were lawfully established prior to the effective date of this Code, but that no longer conform to the requirements of this Code. All such situations are collectively referred to in this section as “nonconformities.” While nonconformities may continue, the provisions of this section are designed to curtail substantial investment in nonconformities to bring about their eventual elimination in order to preserve the integrity of this Code and the goals of the City.
B. Regulations Applicable to All Nonconformities
(1) Authority to Continue
a. Nonconformities may continue to be used and occupied, subject to regulations as to the maintenance of premises and conditions of operations set forth in this Section, or unless such nonconformity is terminated as provided in this section.
b. Nonconformities shall not be modified in any way that increases the degree of nonconformity.
(2) Determination of Nonconformity Status
The burden of establishing the existence of a nonconformity shall be solely on the owner of the property containing the nonconformity.
(3) Maintenance and Minor Repair
Minor repairs and maintenance of nonconformities are permitted and encouraged; provided, that the repairs and maintenance do not increase the degree of nonconformity. Minor repairs and maintenance include the following:
a. Repairs necessary to maintain and to correct any damage or deterioration to the structural soundness of, or the exterior or interior appearance of, a building or structure without expanding the height or footprint of the building or structure, unless compliant with this Code;
b. Maintenance of land to protect against and mitigate health and environmental hazards;
c. Repairs that are required to remedy unsafe conditions; and
d. Repairs necessary to comply with current building code requirements;
e. Repainting less than 50 percent of the exterior of the structure.
(4) Change of Ownership or Tenancy
Changes in ownership, tenancy, or management of property with an existing nonconformity may occur, but such nonconformities shall continue to be subject to the standards of this Section 1.6, Nonconformities.
(5) Compliance to the Maximum Extent Practicable
Where compliance with the requirements of this section is precluded by a lack of sufficient developable area due to the size of the lot, the layout of existing development, or the presence of significant wetlands, floodplains, watercourses, hazard areas, or other significant environmental constraints, the applicant shall comply with the requirements of this section to the maximum extent practicable, as determined by the Director. [Ord. 2023-03 § 1 (Exh. A), 4-25-23].
C. Nonconforming Uses
Nonconforming uses of land, buildings, or structures are subject to the following additional limitations:
(1) Limitations on Continuation of Nonconforming Uses
a. A nonconforming use may be extended throughout the same building or structure; provided, that:
1. No structural alteration of the building (or portion of such building containing the nonconforming use in the case of buildings with multiple uses) shall be permitted;
2. No additional dwelling units shall be permitted in the building;
3. No additional nonresidential units and/or uses shall be permitted; and
4. Such extension would not result in additional required parking pursuant to Section 5.5.D, Minimum Off-Street Parking Spaces Required.
b. Any existing occupied single-family residential dwelling that is deemed to be a nonconforming use may make improvements to the main and accessory structures so long as improvements do not increase the degree of nonconformity or increase the height or building footprint.
c. No additional structure not conforming to the requirements of this Code shall be erected in connection with the nonconforming use of land or structure.
d. Whenever a nonconforming use of land or a building has been discontinued for a period of six months, future use of land or building shall comply with this Code. The Director may grant an extension if improvements that are necessary for the continuation of the nonconforming use are diligently pursued.
(2) Change of Use
a. A nonconforming use that has been changed to a less nonconforming use pursuant to this subsection may not subsequently be changed back to a more nonconforming use.
b. A nonconforming use, if changed to a conforming use, may not subsequently be changed back to any nonconforming use unless otherwise permitted by this Code.
D. Nonconforming Structures
Nonconforming structures are subject to the following additional limitations:
(1) A nonconforming structure may only be expanded pursuant to Section 1.6.B(3), Maintenance and Minor Repair, and any such expansion shall be in full compliance with this Code.
(2) No nonconforming structure may be enlarged or altered in a way that increases the nonconformity of the structure, but any structure or portion of a structure may be altered to maintain or decrease the nonconformity of the structure. For exterior modifications, alterations and repairs to a building or structure, if the total, cumulative increase in the gross floor area is less than 50 percent or less than 25 percent for nonresidential and mixed uses, or if the total cumulative cost of any exterior modification, alteration or repair is less than 25 percent of the valuation of the building as determined by the Director, in accordance with the International Building Code, then the proposed exterior modification, alteration or repair must comply with the standards prescribed in subsection 5.7.B(3)b. For all other exterior modifications, alterations or repairs, the entire building or structure and associated parking must be in full conformance with the standards of the LDC.
(3) A nonconforming structure that has been damaged or destroyed by fire or other causes may be restored to its original condition; provided, that such work is commenced within one year of such event and has been completed or diligently pursued within 18 months of such event. By written request from the property owner stating reasons for the delay, the Director may grant one extension of either the work commencement and/or the completion of work time period.
(4) Enlargements, alterations, and repairs to nonconforming structures that would otherwise be permitted by this Code and that would result in an increase to the flood damage potential shall require floodproofing or shall be elevated to or above the regulatory flood elevation. For nonconforming residential structures, such structures shall be elevated to or above the regulatory flood elevation and floodproofing shall not be an option to comply with these standards.
(5) When 50 percent or more of a structure is being painted, the color shall be in full conformance with the standards of subsection 5.7.F(5). [Ord. 2023-03 § 1 (Exh. A), 4-25-23; Ord. 2020-04 § 1, 9-8-20 (Res. 2020-16)].
E. Nonconforming Lots
Nonconforming lots are subject to the following additional limitations:
(1) A nonconforming lot that was made nonconforming by virtue of enactment of this Code may be used for construction of a building allowed in the applicable zoning district; provided, that all other zoning district and dimensional standards are met.
(2) In any district where single-family dwellings are permitted, the setback requirements applicable in the zoning district shall apply, with the following exception: for single-family dwellings on substandard width lots, an interior side setback may be reduced by half the lot width shortage provided such reduction does not exceed 25 percent of the required setback area width. [Res. 2019-19 Exh. A, 10-8-19].
F. Nonconforming Site Features
(1) Applicability
a. For purposes of this subsection, the term “nonconforming site feature” includes, but is not limited to, any driveway, off-street parking or loading area, buffer, landscaping, screening, or exterior lighting element that lawfully existed per regulations in place prior to the effective date of this Code, as well as the lack of any such feature required by subsequently enacted City regulations.
b. A nonconforming site feature may continue to exist even though it does not conform to current applicable standards of this Code, subject to the requirements of this subsection.
c. No action shall be taken that increases the degree of the nonconformity of a site feature.
(2) Nonconforming Parking
a. Continuation of Nonconforming Parking
Any parking spaces or access to public rights-of-way lawfully existing on the effective date of this Code that are made nonconforming by virtue of enactment of this Code shall be allowed to continue; provided, that:
1. Any change or expansion of any use or structure shall only be permitted if the additional number of parking spaces required by such change or expansion is provided in accordance with Section 5.5, Off-Street Parking and Loading. For purposes of this provision, a change of use shall include reversion to a use that previously existed on a site but has not operated in more than one year.
2. Nonconforming parking areas shall not be expanded, except pursuant to subsection F(2)(b) below.
b. Upgrading Nonconforming Parking
Nonconforming off-street parking facilities shall be upgraded to comply with this Code’s minimum parking lot design requirements in Section 5.5.F, Off-Street Parking Layout and Design, and landscaping requirements in Section 5.6.C(2)b, Parking Lot Landscaping, when any development occurs that would result in an addition to or expansion of one or more buildings or structures that would increase the total gross floor area of the buildings or structures by more than 50 percent.
(3) Nonconforming Buffers, Landscaping, Screening, and Exterior Lighting
Prior to the issuance of a Certificate of Occupancy, nonconforming buffers, landscaping, screening elements, and exterior lighting shall be upgraded to comply with this Code’s applicable standards for such features if any of the following development activities are proposed for the site containing the nonconforming site feature:
a. An increase in the total square footage of the vehicular use area, including parking, loading, circulation, and driveway areas;
b. A structural addition that increases the combined total gross floor area of all existing structures by more than 500 square feet or 20 percent, whichever is less;
c. Building elevation changes involving 50 percent or more of the exterior walls of a roofed structure on the property within a two-year period, excluding minor cosmetic maintenance such as painting, replacing lighting fixtures, or replacing awnings or signs;
d. Any tenant change of a stand-alone nonresidential structure that also involves substantial building elevation changes as determined by the Director, excluding minor cosmetic maintenance such as painting, replacing lighting fixtures, or replacing awnings or signs;
e. Any tenant change of a nonresidential structure that is the anchor tenant of the property that also involves substantial building elevation changes as determined by the Director, excluding minor cosmetic maintenance such as painting, replacing lighting fixtures, or replacing awnings or signs;
f. On a site containing nonconforming buffers or screening, expansion of outdoor operations, storage, or display that increases the gross square footage of such areas by a certain percentage, shall require upgrading to offset a corresponding percentage of the buffer or screening nonconformity.
G. Nonconforming Signs
(1) Maintenance
Any nonconforming sign may be continued in use; provided, however, that in the event any such sign is hereafter damaged to exceed 50 percent of the reproduction value according to appraisal thereof by competent appraisers, or is removed by any means whatsoever, including an Act of God, such sign may be restored, reconstructed, altered or repaired only to conform with the provisions of this Code.
(2) Alteration and Replacement
a. Alteration to nonconforming signs may be made only if such alteration will bring such sign into conformity with the provisions of this Code.
b. However, if the sign is on a separate structure specifically built for the purpose of displaying a sign, the sign face or sign panel within a nonconforming sign structure may be replaced with a new sign for the same or a new use provided the sign structure is not changed or altered in any manner and the panel is essentially the same size and dimensions, and provided all other applicable provisions of this Code are addressed in a conforming manner, including, at a minimum, the following:
1. Sign color;
2. Sign legibility (items of information and font styles); and
3. Sign illumination.
c. When altering a sign that is nonconforming due to height or size, all incentives available to allow for an increase to the height and/or size of the sign shall be applied prior to a permit for the alteration being approved.
d. Replacement of individual tenant panels on an existing monument sign shall comply with sign color and sign legibility requirements on their own, not necessarily for the entire sign.
H. Illegal Nonconformities
An illegal nonconformity exists when:
(1) A nonconforming structure is destroyed or substantially destroyed or neglected by an intentional act of the owner or an agent without a proper permit. If this occurs, the nonconforming structure shall lose its nonconforming status and thereafter shall be required to be in conformity with existing codes. If a nonconforming use was in the destroyed or substantially destroyed structure, the nonconforming use and all site improvements shall lose their nonconforming status and be required thereafter to come into compliance with existing codes.
(2) A use, structure, or site improvement occurs to a nonconformity without being lawfully authorized in accordance with the provisions of this section. Such use and/or structure shall therefore cease all operations until such time that the required plans and/or permits are approved.
A. Criminal Penalty
(1) Except as otherwise provided, any person found guilty of violating any provisions of this Code, any amendment hereto, or any order or regulation made hereunder (collectively, the “Code”), including the failure to perform any act or duty so required, shall be guilty of a Class 1 misdemeanor and, upon conviction, shall be punished as provided for by law.
(2) Probation may be imposed in accordance with the provisions of A.R.S. Title 13, Chapter 9.
(3) Each day that any violation continues shall be a separate offense punishable as above described or by civil sanction.
(4) In the alternative, an action may be commenced as a civil violation pursuant to Section 1.7.B, Civil Citation Authority.
B. Civil Citation Authority
(1) Commencement of Action
a. In the alternative and in the sole discretion of a peace officer or the Code Enforcement Officer, an action for violation of this Code, any amendment hereto, or any order or regulation made hereunder, including the failure to act or perform any duty so required, may be commenced by issuance of a civil citation. Each day that any violation continues shall be a separate offense subject to civil sanction or criminal penalty.
b. The civil citation will be substantially in the same form and format as the Arizona Traffic Ticket and Complaint standard form and shall direct the defendant to appear in Sedona Magistrate Court at a time certain. The time for appearance will be specified on the face of the citation and will be in compliance with all Sedona Magistrate procedures.
c. The citation will further notify the defendant that if he fails to appear on or before the date specified in the complaint, a judgment by default will be entered against him and the court may, in its discretion, impose a civil sanction as provided for by law.
d. Service of the citation may be accomplished and will be deemed proper and complete by any of the following methods:
1. By having the defendant sign the citation with the promise to appear in court on or before the date specified on the face of the citation;
2. If the defendant refuses to sign the citation, then the officer shall hand-deliver a copy of the citation to the defendant and note on his copy of the citation the date and time of hand-delivery to the defendant;
3. By mailing a copy of the citation to the person charged by certified or registered mail, return receipt requested, to the person’s last known address;
4. In the event that service cannot be accomplished as set forth in subsections B(1)(d)(1), (2), or (3) of this subsection, the defendant may be served by any means contemplated or allowed by the Arizona Rules of Civil Procedure or the Arizona Rules of Practice for the Superior Court.
(2) Authority to Issue Civil Citation
Any peace officer of the Sedona Police Department or the Code Enforcement Officer may issue a civil citation pursuant to this section.
(3) Appearance by Defendant
The defendant shall appear within the time specified on the face of the citation in person or through his attorney. Appearance shall be at the Sedona Magistrate Court in Sedona, Arizona. At the time of appearance, the defendant shall either admit or deny the allegations contained in the citation. In the event the defendant admits the allegations, the court shall enter judgment against the defendant and, in its discretion, may impose a civil sanction as provided for by law. If the defendant denies the allegations contained in the citation, the court shall set a date for the trial of the matter.
(4) Default Judgment
a. If the defendant fails to appear as directed on the citation, the court may enter a default judgment and may, in its discretion, impose a civil sanction as provided for by law.
b. If the defendant fails to appear for the trial, the defendant’s failure to appear shall constitute an admission of the offense and the court shall enter judgment against the defendant and may, in its discretion, impose a civil sanction as provided for by law.
(5) Rules of Procedure
The Arizona Rules of Court for Civil Traffic Violations may be followed by the Sedona Magistrate Court for civil citation proceedings under this section except as modified or where inconsistent with the provisions of this section, local rules, Arizona Revised Statutes, or Rules of Court for courts in the state of Arizona.
(6) Collection of Civil Sanctions
Any judgment for civil sanction taken pursuant to this section may be collected as any other civil judgment. Such collection shall be in accordance with the common law of the state of Arizona, Arizona Revised Statutes, and all other applicable rules and regulations. Said sanctions are subject to any exemptions contained in the laws of the state of Arizona.
C. Enforcement Actions or Proceedings
(1) If any building, structure, or improvement is constructed, reconstructed, altered, repaired, converted, maintained, or used in violation of this Code, including any amendment hereto or any order or regulation made hereunder, the City may institute any appropriate action or proceedings including but not limited to the following:
a. To prevent the construction, reconstruction, alteration, repair, conversion, maintenance, or use;
b. To prevent the occupancy of the building, structure, improvement or land;
c. To prevent any illegal, unauthorized or prohibited act, conduct, business or use in or about the premises;
d. To restrain, correct or abate the violation.
(2) In any such action or proceeding, the court with jurisdiction thereof has the power and in its discretion may issue a restraining order, or a preliminary injunction, as well as a permanent injunction, upon such terms and under such conditions as will do justice and enforce the purpose of this Code.
D. Nuisance
E. Remedies Not Exclusive
Any violation of this Code, any amendment hereto, or any order or regulation made hereunder is in addition to any other violation enumerated in other Sedona ordinances and the Sedona City Code, and in no way limits the penalties, actions or abatement procedures which may be taken by the City for any violation of this Code which is also a violation of any other ordinance or City Code provision or statute of the state of Arizona. All remedies concerning this Code shall be cumulative and not exclusive. Conviction and punishment or judgment and civil sanction against any person under this article shall not relieve such person from the responsibility of correcting prohibited conditions, or removing prohibited structures or improvements, and shall not prevent the enforced correction or removal thereof.
F. Administration
The City Manager, City Attorney and Prosecutor, peace officers of the Sedona Police Department, the Code Enforcement Officer, the Zoning Administrator and all officials charged with the issuance of licenses or permits shall enforce the provisions of this Code, any amendment hereto, and any order or regulation made hereunder. Any license, permit or certificate issued that conflicts with or is not in accordance with this Code is void.