A.

In accordance with the authority granted in A.R.S. § 9-462.01.B. in order to classify and regulate the use of land, buildings and structures, and to regulate the open areas around and between the buildings and structures, and to regulate the density of dwelling units, the city is hereby divided into the zoning districts and overlay districts as incorporated herein Table 106-1a below:

B.

Zoning districts, and the uses and/or development standards associated with said districts, may be added or deleted upon the recommendation of the planning and zoning commission and approval by the city council by the text amendment process set forth in Chapter 102 of the LDO.

C.

The city utilized a planned area development (PAD) zoning district prior to the adoption of this ordinance. The PAD zoning designation now serves only to preserve the governing entitlement documents adopted by city council for each PAD at the time of the adoption of this ordinance. Existing PADs may have individual development standards, land uses, and densities that supersede the zoning standards contained within this ordinance. Any zoning standard contained within this ordinance shall apply that is not explicitly identified in a PAD. General references to zoning districts within previous city zoning codes shall follow the conversion chart listed in Table 106-1b of this chapter.

D.

Standards and regulations such as, but not limited to, lot size, building height, residential densities, and setbacks herein, assure compatibility of properties within a district; protect the quality of the environment from nuisances associated with certain uses or constructions; and provide adequate open space for privacy, light, air, connectivity, and green space.

(Ord. No. 2024-03, § 1(Exh. A), 3-5-24)

A.

The boundaries of the various zoning districts are established and are shown on a map entitled "Zoning Map of Surprise, Arizona" (zoning map), which is attached to this ordinance and made a part hereto.

B.

Any change of zoning district for a particular property will be memorialized in a city council approved ordinance that incorporates a map amendment depiction.

C.

In the event that the map becomes damaged, destroyed, or lost, the city council shall adopt a new zoning map consistent with the latest backup and/or all available records pertaining to its adoption or amendment that will supersede the previous map.

D.

City staff shall update the zoning map upon the effective date of the adopting ordinance of a zoning change. City staff may also correct drafting and clerical errors or omissions, but corrections shall not have the effect of amending the official zones established.

E.

Where uncertainty exists with respect to any of the boundaries of the zoning districts as shown on the zoning map, the following rules shall apply:

1.

Zoning boundaries shall be extended from the abutting parcel and indicated as following the center lines of street, highway, or railroad rights-of-way or such lines extended, such center lines or such lines extended shall be construed to be the boundaries;

2.

Where zoning boundaries are indicated as approximately following the corporate limit line of the city, such corporate limit line shall be construed to be such boundaries;

3.

Where zoning boundaries are indicated as approximately following property lines or such lines extended, such property lines or such lines extended shall be construed to be such boundaries;

4.

No zoning boundary line shall hereinafter be established to divide one (1) lot into two (2) or more zones;

5.

Where any public right-of-way is officially vacated or abandoned, the zoning districts applied to the abutting properties shall thereafter extend to the former centerline of the vacated or abandoned right-of-way; and

6.

If determination of boundary cannot be resolved through reference to the preceding rules, the zoning administrator shall determine the location of the district boundary.

A.

The following conversion table (Table 106-1b) compares the previous terminology used for the zoning district classifications from previous City of Surprise development regulations to the zoning classifications and regulations established by this ordinance listed in Section 106-1.1 (Table 106-1a) above. Only those zoning districts that existed at the time of adoption of the prior regulations that are being changed by this ordinance appear in the table.

A.

The land use matrix (Table 106-1c) describes allowed primary land uses within the different zoning districts and overlay zoning districts on the basis of common functional characteristics and land use compatibility. Accessory structures and land uses that may be allowed accessory to the legal primary uses within the different zoning districts and overlay zoning districts are also described in this table. The symbolism used in Table 106-1c is defined as follows:

1.

"P" designates that the use is permitted by right.

2.

"AUP" designates that the use is permitted with an "administrative use permit" as well as any use specific standards per Article X of this chapter herein; processed as a Type 1 development application (see Chapter 102).

3.

"CUP" designates that the use is permitted with a "conditional use permit" as well as any use specific standards per Article X of this chapter herein; processed as a Type 3 development application (see Chapter 102).

4.

"(blank space)" a blank space designates that the use is not permitted.

B.

The zoning administrator shall determine if uses not expressly listed in Table 106-1c are significantly similar or dissimilar to particular uses:

1.

Uses that are found to be similar shall meet the same requirements as the related use listed in this section.

2.

Uses that are found to be dissimilar, yet appropriate, shall require a text amendment processed in accordance with Chapter 102.

3.

Uses that are not listed in this section and are found to be dissimilar and inappropriate shall be prohibited.

(Ord. No. 2024-03, § 1(Exh. A), 3-5-24)

A.

The following uses are either inappropriate or dissimilar from any allowed uses as listed in Table No. 106-1c below and therefore are specifically prohibited in the city. When annexation of lands that have such land uses occurs and those uses are lawfully occurring, those uses may not prevent such annexation but will be considered to be legal non-conforming uses upon annexation.

1.

Rendering or refining of animal by-products or the storage of offal, tanning or hides.

2.

Concentrated animal feeding operations (CAFO); dairies; livestock and fowl production facilities.

3.

Junkyard, auto salvage yard, or wrecking yard.

A.

Within each of the zones the use, location, height, and size of buildings and structures, the use of land the size of lots, yards, setbacks, open spaces, and the density of population are regulated as set forth in the following articles of this chapter, and elsewhere in this ordinance. Any site plan, structure, building, or use that is not in compliance with these regulations is a violation of this ordinance.

A.

Setbacks. Setbacks shall not include any structures, parking spaces, or drive aisles; except as listed herein and/or other sections of this ordinance.

1.

Driveways, ingress/egress aisles.

2.

Landscaping, trails, and multimodal paths.

3.

Outdoor dining, when allowed.

4.

Utility meters and mechanical equipment.

5.

Accessory uses identified in Table 106-1c and regulated in Article X of this chapter.

6.

Additional design features as regulated in the PEDS and other chapters of this ordinance (for example: posts, fences, walls, mailboxes, floodlights, authorized lights for illuminating parking areas, and other features) as determined by the community development director or designee.

B.

Height limits. Maximum height limitations are measured to the highest rooflines and/or parapets necessary to screen mechanical equipment.

1.

Chimneys, church steeples, and other appurtenances (such as spires and flues) may be erected at a height exceeding the maximum height requirements.

2.

Mechanical penthouses and elevator and stair towers (for multi-family and nonresidential buildings only) may exceed the maximum requirements by no more than ten (10) feet.

C.

Lot coverage. The percentage of the lot area covered by a building and/or other allowed roofed structureused for protection or shielding from the elements or weather.

D.

Encroachments. To further clarify the setback requirements, the following exceptions shall be considered as permitted encroachments for setback requirements in all zoning districts as described in this article and elsewhere in this chapter:

1.

Terraces, uncovered porches, platforms, exposed ramps, and all other ornamental features that do not extend more than three (3) feet above the adjacent natural grade may project into the minimum setback but shall be at least three (3) feet from the adjacent lot line or one (1) foot from any existing or proposed access drive;

2.

Sills, belt courses, cornices, eaves, lintels, gutters, awnings, and all other ornamental features may project five (5) feet into the setbacks, but shall be at least three (3) feet from any adjacent lot line;

3.

Chimneys may project two (2) feet into the minimum setback, but shall be at least three (3) feet from any lot line; and

4.

Attached covered porches, canopies, and awnings projecting over windows may extend into any minimum rear setback by a maximum of five (5) feet, but shall be at least three (3) feet from the adjacent right-of-way (ROW) or lot line, provided the required side yard setbacks are met.

(Ord. No. 2021-17, § 1(Exh. A), 2-1-22)

A.

Planning and engineering design standards (PEDS) as referenced in Chapter 107, Article I. The articles within the PEDS shall apply where applicable, based on the specific zoning and land use, and will govern the general site design and development, open space design, circulation design, landscape and streetscape design, and building form and architecture of a development in addition to those listed below.

B.

Use specific standards. Those land uses listed in Table 106-1c that have specific use standards associated with them shall comply with the specific standards outlined in Article X herein as well as to the PEDS in Chapter 107.

C.

Parking regulations. In addition to the PEDS, the parking regulations in Chapter 107, Article IV herein shall apply.

D.

Landscaping regulations. All landscaping associated with development shall comply with the PEDS and Chapter 107, Article II herein.

E.

Outdoor lighting. All outdoor lighting shall comply with the PEDS and Chapter 107, Article III herein.

F.

Environmentally sensitive land regulations. All development, regardless of zoning or use of the land, on lands that are determined to contain environmentally sensitive features or that contain cultural resources shall comply with Chapter 104, Article II herein and Chapter 5 of the PEDS.

G.

Land division and subdivision regulations. The additional regulations governing the division of land in Chapter 108 herein shall apply.

H.

Signage. All signage proposed shall comply with Chapter 109 herein.

I.

Life safety codes. All life safety codes as adopted per Chapter 105 herein.

(Ord. No. 2021-24, § 1(Exh. A), 11-16-21; Ord. No. 2021-17, § 1(Exh. A), 2-1-22; Ord. No. 2022-21, § 1(Exh. A), 10-4-22; Ord. No. 2023-20, § 1(Exh. A), 11-21-23; Ord. No. 2024-03, § 1(Exh. A), 3-5-24)