(1) The existing Sky Ranch Airport is allowed as a Special Use in the Rural-43 zoning district. Any new construction, expansion, remodeling, upgrading, and other changes shall be subject to the approval of a Special Use Permit. No other airports are allowed in the Town of Carefree. The application for an amendment to the Special Use Permit shall comply with the process prescribed in Article III., Section 3.07.
(2) Permitted Residential Accessory Buildings and Uses:
(A) Home occupations:
1) An occupation or profession customarily conducted entirely within a dwelling and carried on by a member(s) of the housekeeping unit residing therein. The occupation or profession is clearly incidental and subordinate to the use of the dwelling for dwelling purposes and does not change the character of the dwelling. There are no employees other than a member(s) of the housekeeping unit residing in the dwelling. No mechanical equipment is allowed except for that which is customarily used for domestic, hobby, or household purposes.
2) Home occupation includes the use of a dwelling by physician, surgeon, dentist, lawyer, clergyman, or other professional person for consultation or emergency treatment but not for the general practice of the profession.
3) Home occupation does not include clinic, hospital, barber shop, beauty parlor, animal hospital, advertising or public relations agency, interior decorator's office, art gallery, or similar use.
4) No indication shall be detected from the exterior of the building or property that it is being utilized for any purpose other than that of a dwelling, nor shall such use generate pedestrian or vehicular traffic beyond that normal to the district in which it is located.
5) A carport or garage may not be used for home occupations.
(B) Fences or free-standing walls subject to the fences and walls Article IX.
(C) Private swimming pool and related structures, provided:
1) Such pool and related mechanical equipment shall be located in other than a required yard (building setback).
2) Fences and walls shall meet the requirements of Article IX.
3) Accessory equipment such as pumps, heaters, and filters shall be fully screened by a solid wall at least four and one-half (4.5) feet high to screen sound and sight from neighboring lots.
(D) Private tennis court provided:
1) Lights are not permitted.
2) For fencing requirements see fences and walls Article IX.
(E) A satellite or communications dish having:
1) A non-reflective finish.
2) Maximum diameter of one (1) meter or less unless a larger diameter is approved by the Development Review Board.
3) Must be attached to the principal structure.
(F) In the single-family residential zones only, a maximum of one (1) antenna may be attached to the roof. The antenna may be up to a maximum of four (4) feet above the highest roof line, unless a taller antenna is approved by the Development Review Board.
(G) In the multi-family residential zones only:
1) A manager's office or rental office that shall be used for the purpose of managing, leasing, renting, or sales of the property it is located on.
2) A recreation or meeting room that shall be only for the use of the persons inhabiting the property and their guests.
3) A self-service laundry to be used only by the persons inhabiting the property.
4) Such facilities shall not be used for commercial purposes.
(H) Private garage.
(I) At no time shall a motor home, bus, trailer, travel trailer, boat, or camper be occupied or used for sleeping, living, or housekeeping purposes.
(J) No motor home, bus, mobile home, trailer, travel trailer, boat, or camper may be parked, located, or stored on any vacant lot.
(K) Any motor home, bus, trailer, travel trailer, boat, camper, and mechanical equipment shall be stored within a garage. Except for loading and unloading purposes which may not exceed a time period of forty-eight (48) hours.
(L) The underground storage of fuels or chemicals including but not limited to gasoline, kerosene, diesel oil fuel, insecticides, paint thinners, or solvents shall not be permitted in any rural or residential zoning district.
(3) Permitted Commercial Accessory Buildings and Uses:
(A) Fences or free-standing walls subject to the fences and walls Article IX.
(B) A maximum of one (1) antenna attached to the roof, up to a maximum of four (4’) feet above the highest roof line, unless a taller antenna is approved by the Development Review Board.
(C) A satellite or communications dish having:
1) A non-reflective finish.
2) Maximum diameter of one (1) meter, unless a larger diameter is approved by the Development Review Board.
3) Must be attached to the principal structure.
(4) A Special Use Permit for an Assisted Care Facility/Nursing Home (also includes independent living and continuing care retirement community; see Article II. for definitions of each use) shall meet the following minimum criteria:
(A) The application for the Special Use Permit or amendment thereof shall comply with the process prescribed in Article III., Section 3.07.
(B) The use shall be located adjacent to an arterial roadway as identified in the Circulation Element of the Town’s General Plan.
(C) A minimum building setback of sixty (60) feet shall be maintained along any abutting residential property.
(D) The density of the development may not exceed one unit for 3,250 square feet of net lot area (excluding any right-of-way). A unit for an Assisted Care Facility/Nursing Home shall be defined as being one bedroom. In the case where independent living is integrated into an Assisted Care Facility/Nursing Home and two bedrooms are provided for one patient and a spouse, such unit shall be considered as only one unit. If such two bedroom unit is shared by two unrelated individuals such unit will be counted as two separate units. In the case of communal bedrooms such as a sleeping porch, every two (2) beds will be counted as one unit. If the number of beds are not an even count, the number of units will be rounded up (example: 5 beds = 3 units).
(E) The building height may not exceed eighteen (18) feet from natural and finished grade and twenty-five (25) feet from the highest point of the roof to lowest elevation where the building meets natural grade.
(F) Minimum lot size for an Assisted Care Facility/Nursing Home is three (3) net acres.
(G) Any parking lot shall be screened from the street or adjacent residential property by a three (3) foot high, horizontally undulating masonry wall and native desert landscaping. The number of parking spaces shall meet the minimum requirements of Article VII., Section 7.01, Table 7.1 (including one space per each unit and one space per each employee or contracted employee). A minimum of thirty-five (35) percent of the parking area shall be treated with pavers or exposed aggregate.
(H) The applicant must establish that the application mitigates impacts on adjacent properties such as lighting, noise and odors. Furthermore, the applicant must ensure the land use is consistent with the Land Use Map of the Town’s General Plan. The analogous Land Use categories are Moderate Density Residential, Resort/Hotel or Garden Office designations.
(I) Any amendments to the approved Special Use Permit after it is granted by the Town Council including but not limited to the addition of units, parking spaces and/or supporting facilities/amenities must satisfy the requirements of the Zoning Ordinance and any applicable State or Federal law.
(5) The product produced on site shall be limited to the product that will be offered for sale on site; no wholesale or off-site retail of the product is allowed unless approved by the Zoning Administrator.
(6) A Special Use Permit for a Bank/Savings and Loan shall meet the following minimum criteria:
(A) The application for the Special Use Permit or amendment thereof shall comply with the process prescribed in Article III., Section 3.07.
(B) The use shall be located adjacent to an arterial roadway as identified in the Circulation Element of the Town’s General Plan.
(C) A drive-through shall not be permitted in the Garden-Office zoning district.
(D) A minimum of thirty-five (35) percent of the parking area shall be treated with pavers or exposed aggregate.
(E) A master signage plan illustrating all signage for the proposed use shall be reviewed and approved by the Planning and Zoning Commission and the Town Council. Such signage shall meet the minimum requirements of Article VIII.
(F) The building setback shall be a minimum of sixty (60) feet from any residential property line.
(G) The applicant must ensure the land use is consistent with the Land Use Map of the Town’s General Plan. The analogous Land Use categories are Town Center, Commercial or Garden Office designations.
(H) The applicant must establish that the application mitigates impacts on adjacent properties such as lighting, noise and odors.
(7) A Special Use Permit for a Church (Place of Worship) shall meet the following minimum criteria:
(A) The application for the Special Use Permit or amendment thereof shall comply with the process prescribed in Article III., Section 3.07.
(B) The use shall be located adjacent to an arterial roadway as identified in the Circulation Element of the Town’s General Plan.
(C) The applicant must establish that the application mitigates impacts on adjacent properties such as lighting, noise and odors.
(D) The Place of Worship, accessory structure(s) and parking area shall be set back a minimum of 100 feet from any residential property line.
(E) The parking area(s) shall be screened from any public street by a three (3) foot high, horizontally undulating, solid masonry block wall and native desert landscaping. A minimum of thirty-five (35) percent of the parking area shall be treated with pavers or exposed aggregate.
(F) The building height may not exceed (unless otherwise approved by Town Council) twenty-four (24) feet from natural and finished grade and thirty (30) feet from the highest point of the roof to the lowest elevation of where the building meets natural grade.
(G) All exterior lights shall be within pedestrian and parking areas and shall consist of fully shielded bollard lights no more than three (3) feet in height.
(H) A columbarium may be included within a Place of Worship. The columbarium shall be placed within an interior courtyard and shielded from view from the exterior of the site.
(I) A nursery school, preschool and/or ancillary religious school may be conducted at the Place of Worship. The maximum enrollment shall be related to the capacity of the class rooms, be proportional to the size of the congregation and amount of parking dedicated to the school’s use (minimum 1 parking space per 2 students). All outdoor space (i.e. playgrounds) associated with the school shall be placed in interior courtyards for safety, security and mitigation of impacts on neighboring residential properties.
(J) One monument sign may be placed at the primary entrance at the arterial street. Such sign may not exceed four (4) feet in height and six (6) feet in width. The sign may contain the address and name of the Place of Worship but no other text. The text may be halo lighted. No banner signs advertising special events (i.e. fundraisers) or the school (i.e. enrollment periods) will be permitted.
(K) The land use shall be consistent with the Town’s General Plan Land Use map.
(8) Mixed use residential and non-residential uses are permitted, pursuant to the following regulations (Ord. #2013-03; Ord. #2016-6):
(A) In existing buildings, one (1) or more residential dwelling unit(s) are allowed, subject to approval by the Zoning Administrator and the following criteria:
1) Such residential units are not allowed on the first floor and/or street level of the subject building.
2) Prior to residential occupancy, approval is required by the Carefree Building Department for any change in the building occupancy use classification, pursuant to the Town’s building code regulations.
3) Each unit shall be used exclusively for residential occupancy and shall be occupied by no more than one (1) housekeeping unit.
4) Accessory uses are allowed subject to Section 5.02(2).
5) Shared housekeeping facilities for multiple housekeeping units are prohibited.
6) A minimum of two (2) onsite parking spaces per residential unit are required. Such spaces shall be specifically reserved for the associated residential units.
7) Any improvements related to the residential units shall be designed such that the exterior of the building blends in with the architectural treatment, forms and style of the overall building. The intent is to establish the different uses within the subject building in a manner that ties them together in a whole, consistent appearance.
(B) A Conditional Use Permit is required to allow new mixed use commercial and residential condominiums within a Commercial zoning district, and shall meet the following minimum criteria:
1) The application for the Conditional Use Permit or amendment thereof shall comply with the process prescribed in Article III., Section 3.08.
2) The minimum property size (net lot area) to permit residential condominiums within the commercial zoning district is 43,560 square feet (1 acre). All properties shall be internal to the Town Center and shall contain frontage on Easy Street. Any property within the Town Center containing frontage on Tom Darlington Drive, Cave Creek Road or Bloody Basin Road shall not be considered under this Conditional Use Permit for a mixed use development (residential and commercial uses). Additionally, any property outside of the Town Center as defined by the General Plan Land Use Map shall not be considered for this Conditional Use Permit for a mixed use development (residential and commercial uses).
3) The minimum size of each residential condominium shall be 1,200 square feet of livable area. A residential condominium plat shall be approved by the Planning and Zoning Commission. All units shall be used solely for residential occupancy.
4) All properties containing residential condominiums shall have commercial space maintained at street level unless otherwise approved by Town Council. If offices are proposed, the gross square footage of the commercial use at street level may not contain more than 25% offices unless otherwise approved by Town Council. An office associated with retail space is exempt from this requirement.
5) All required parking for the residential and commercial uses shall meet the minimum requirements set forth in this Ordinance unless otherwise approved by the Town Council through a development agreement.
6) A minimum of one half (½) of the required parking for the development, unless otherwise approved by Town Council, shall be placed below the adjacent street curb. All other required parking shall be placed at street level adjacent to or behind store fronts or as approved by Town Council. Parking placed behind store fronts shall be screened from pedestrian traffic along Easy Street.
7) The building’s maximum height above finished grade (measured from finished floor elevation to ridge of roof or top of parapet) shall not exceed thirty-seven (37) feet. Parking which is fully recessed below finished grade (no day lighting) shall be exempt from maximum building height. In order to adequately screen roof top mechanical equipment, an additional six (6) feet may be permitted. Such screening shall be integrated into the architecture of the building through complementing mansard roof forms with varying slopes and vertical parapets. Elevator shafts and stair wells which are placed near the center of the mechanical equipment enclosure and/or roof deck may extend a maximum of nine (9) feet above the roof deck.
8) Along any public street, above eighteen (18) feet in height from finished floor elevation and up to the maximum building height of thirty-seven (37) feet from finished floor elevation, the building facade shall step back ½ foot (6 inches) for every foot in height. To permit horizontal undulation of the building façade to highlight building masses and to allow for separation between condominium balconies, a maximum of forty-five (45) percent of any elevation (façade) along any public street will be exempt from this step back requirement unless otherwise approved by the Town Council. Canopies or other shade structures may encroach within the building step back envelope.
9) Arcades shall extend a minimum of ten (10) feet from the building façade towards the property line and shall not exceed a height of eighteen (18) feet from finished floor elevation unless otherwise approved by Town Council. Shade trellises or awnings shall extend a minimum of six (6) feet from the building façade towards the property line. Where arcades, trellises or awnings are not used along the Easy Street retail frontage, native trees shall be used.
10) Lot coverage shall not exceed seventy percent (70%) of the net lot area. Arcades, shade structures and parking structures (covered parking decks) are excluded from lot coverage.
(9) The existing Desert Forest Golf Course is an allowed use in the R1-35 zoning district. The existing Boulders Golf Course is an allowed use in the R1-18 zoning district. Any new expansion (i.e. additional of golf holes, enlargement of a maintenance building), shall be subject to the approval of a Special Use Permit. No other golf courses are allowed in the Town of Carefree. The application for the Special Use Permit shall comply with the process prescribed in Article III., Section 3.07.
(10) Group home, providing that:
(A) No group home shall be located on a lot within one thousand three hundred twenty (1,320) feet, measured by a straight line in any direction, from the lot line of another group home.
(B) When required by state or federal regulation, the home is licensed by, certified by, approved by, registered with, or under contract with a federal, state, or local government and evidence of such is provided to the Zoning Administrator.
(C) No exterior change altering the residential character shall be made to the exterior of the building(s) and/or the grounds.
(D) A zoning clearance for the group home must be granted by the Zoning Administrator.
(E) An administrative record of each group home is maintained by the Zoning Administrator.
(11) The keeping of horses or other equines providing that:
(A) The primary residence first exists on the property.
(B) The horses are for the use of the family residing on the premises and guests only.
(C) The number of horses or other equines shall be limited to one (1) horse for each contiguous gross acre under single ownership and shall not exceed six (6) horses.
(D) A stable shall not exceed six hundred (600) square feet (area under roof) per horse with a maximum size of 3,600 square feet (area under roof) .
(E) Stables shall be located in other than a required yard (building setback) and shall maintain a setback of at least one-hundred (100) feet from any lot line.
(F) A shade structure shall be limited to 300 square feet (area under roof) per horse with a maximum size of 1,800 square feet (area under roof).
(G) No stable or shade structure shall exceed fifteen (15) feet in height from the finished grade.
(H) The provisions of the Maricopa County Health Code and all amendments thereto shall apply to the keeping of horses within the Town, even when those provisions are more restrictive than other parts of this subsection.
(I) Fences or walls establishing the perimeter of a corral used in the keeping of horses or other equines shall be located in other than a required yard (building setback) and shall maintain a setback of at least one-hundred (100) feet from any lot line.
(J) There shall be no more than one stable or shade structure per lot.
(12) No retail sales are allowed.
(13) Medical Marijuana Cultivation, Infusion or Manufacturing facilities are prohibited. The Conditional Use Permit for a Medical Marijuana Dispensary shall meet the following minimum criteria (Ord. #2011-02):
(A) The applicant shall submit a copy of the operating procedures for the medical marijuana dispensary facility adopted in compliance with Arizona Revises Statute § 36-2804(B)(1)(c).
(B) The dispensary facility shall be located in a permanent building and shall not be located in a trailer, cargo container, motor vehicle, recreation vehicle or any temporary structure.
(C) The area of the dispensary facility shall not exceed 1,500 gross square feet.
(D) The dispensary facility shall have operating hours not earlier than 9 a.m. and not later than 6 p.m. Monday through Friday, and not earlier than 10 a.m. and not later than 6 p.m. Saturday and Sunday.
(E) Drive-through services are prohibited.
(F) Cultivation and infusion (manufacturing) of medical marijuana are prohibited.
(G) Marijuana remnants and/or byproducts shall not be placed within exterior refuse container(s) or disposed of onsite by any other means and shall be disposed of by a certified offsite waste disposal service in conformance with state and federal requirements.
(H) Off-site delivery and on-site consumption of medical marijuana are prohibited.
(I) The dispensary facility shall not be located within 1,320 linear feet (¼ mile) of any other medical marijuana cultivation, infusion or manufacturing facility or another medical marijuana dispensary. This distance shall be measured from the exterior walls of the building or portion thereof in which the dispensary facility is located to the closest point of the property boundary line of the other facility.
(J) The dispensary facility shall not be located within five hundred (500) linear feet of any residential property located in the Rural-190, Rural-70, Rural-43, R1-35, R1-18, R1-10, and/or R-3 zoning districts. This distance shall be measured from the exterior walls or portion thereof in which the dispensary facility is located or proposed to be located to the closest point of the property boundary line of the residential property.
(K) The dispensary facility shall not be located within five hundred (500) linear feet of any preschool, kindergarten, elementary, secondary and/or high school. This distance shall be measured from the exterior walls or portion thereof in which the dispensary facility is located or proposed to be located to the closest point of the property boundary line of the school.
(L) The applicant shall submit a survey sealed by a registered land surveyor of the State of Arizona showing that the location of the nearest medical marijuana dispensary, cultivation, infusion or manufacturing facility is not located within 1,320 linear feet (¼ mile) of the proposed dispensary facility and within five hundred (500) linear feet of any preschool, kindergarten, elementary, secondary and/or high school and/or any residential property located in the Rural-190, Rural-70, Rural-43, R1-35, R1-18, R1-10, and/or R-3 zoning districts.
(14) A Special Use Permit for a Nursery School shall meet the following minimum criteria:
(A) The application for the Special Use Permit or amendment thereof shall comply with the process prescribed in Article III., Section 3.07.
(B) The building and accessory uses shall be set back a minimum of one hundred (100) feet from any abutting residential property.
(C) The applicant must establish that the application mitigates impacts on adjacent properties such as lighting, noise and odors.
(D) The parking area(s) shall be screened from adjacent properties by a horizontally undulating three (3) foot solid masonry block wall and desert landscaping.
(E) Enrollment of the school shall be limited to the number set by the Town Council. Such cap shall establish the maximum enrollment for each academic year. The cap shall be based upon building code occupancy requirements, satisfaction of required parking and adequate landscape buffer to mitigate increased lights and noise levels impacting adjacent properties. If, in the future, the applicant wishes to increase the enrollment levels originally permitted, the Planning and Zoning Commission and Town Council shall review such request based upon satisfaction of the criteria specified in this paragraph. Enrollment numbers shall be provided by the school administration to the Zoning Administrator prior to the first day of the academic year and during the mid-point of the academic year.
(15) A Conditional Use Permit for a Public Park shall meet the following minimum criteria:
(A) The application for the Conditional Use Permit or amendment thereof shall comply with the process prescribed in Article III., Section 3.08.
(B) Turf shall be minimized to play fields or informal play areas.
(C) Parking area(s) shall be screened from public view by a combination of horizontally undulating solid masonry walls (no higher than three feet from finished grade) and desert landscaping.
(D) A minimum of thirty-five (35) percent of the parking lot shall be paved in pavers or exposed aggregate.
(E) Any lighting shall be fully shielded and directed towards play surfaces. A photometric plan is required to ensure that no light spillage onto adjacent properties.
(16) Subject to allowed uses:
(A) Offices for accountant, architect, podiatrist, chiropractor, dentist, surgeon, surveyor, optometrist, geologist, insurance broker, public stenographer, real estate broker, stock broker, advertising agency, investment company, title company, marriage counselor, private detective, telephone message service, collection agency, and other similar professional and semi-professional work.
(B) Studios for photography, fine or commercial arts, or other professional work.
(C) Pharmacy and the sale or dispensing of optical goods, but only as an appurtenant use of an office building which is used primarily as a medical or optometrist’s office. The entrance to such pharmacy or dispensary shall be from within the office building. No sign or display advertising or identifying the pharmacy or dispensary shall be located such that it is visible from a public thoroughfare or adjacent property.
(D) Snack bar or cafeteria, but only as an appurtenant use of an office building or buildings containing offices occupied by thirty (30) or more employees. Such snack bar or cafeteria shall accommodate no more than twenty (20) patrons at one time. No sign or display advertising or identifying the snack bar or cafeteria shall be located such that it is visible from a public thoroughfare or adjacent property.
(17) Subject to:
(A) All plants shall be kept inside a completely enclosed wall.
(B) All non-plant material shall be kept inside a completely enclosed building.
(18) A Special Use Permit for public facilities/utilities such as water, gas, electricity, telephone, telegraph, steam, hot or cold air (including but not limited to attendant facilities and appurtenances to the above uses, distribution, collector, and feeder lines; pumping or booster stations along pipelines; and substations along electric transmission lines, but not including public utility treatment and generating plants or offices) shall meet the following minimum criteria:
(A) The application for the Special Use Permit or amendment thereof shall comply with the process prescribed in Article III., Section 3.07.
(B) The sewer treatment facility located within the Boulders community shall not be allowed to increase its capacity nor be allowed to expand.
(C) It is the intent of the Town of Carefree that any of the above facilities shall be underground or shall maximize the use of stealth technology to mitigate the visual effects on the surrounding community.
(D) The existing Black Mountain Sewer Company, Carefree Water Company, and Cave Creek Water Company are allowed uses.
(19) Provided no adult oriented facilities are allowed.
(20) All items to be rented or sold shall be placed inside a completely enclosed building or under a covered arcade. Displays of materials or goods located outside the building shall not impede pedestrian circulation.
(21) All items to be repaired shall be kept inside a completely enclosed building. Repair shop does not include servicing or repair of motor vehicles.
(22) Including outdoor dining if a site plan showing the outdoor dining is approved by the Development Review Board.
(23) A Special Use Permit for a School shall meet the following minimum criteria:
(A) The application for the Special Use Permit or amendment thereof shall comply with the process prescribed in Article III., Section 3.07.
(B) The School shall be limited to a place of general education, including colleges.
(C) The building and accessory uses shall be set back a minimum of one hundred (100) feet from any abutting residential property.
(D) The applicant must establish that the application mitigates impacts on adjacent properties such as lighting, noise and odors.
(E) The parking lot shall be screened from adjacent properties by a horizontally undulating three (3) foot high solid masonry block wall and desert landscaping.
(F) Enrollment of the School shall be set by the Town Council. Such cap shall establish the maximum enrollment for each academic year. The cap shall be based upon building code occupancy requirements, satisfaction of required parking and adequate landscape buffer to mitigate increased lights and noise levels impacting adjacent properties. If, in the future, the applicant wishes to increase the enrollment levels originally permitted, the Planning and Zoning Commission and Town Council shall review such request based upon satisfaction of the criteria specified in this paragraph. Enrollment numbers shall be provided by the school administration to the Zoning Administrator prior to the first day of the academic year and during the mid-point of the academic year.
(24) A Special Use Permit for a Service Station shall meet the following minimum criteria:
(A) The application for the Special Use Permit or amendment thereof shall comply with the process prescribed in Article III., Section 3.07.
(B) A Service Station may include vehicle repair, tire shops, windshield replacement/repair, body shop, and other similar uses.
(C) The service station shall not provide food, liquor, prepared foods or other goods typical of a convenience store/market unless otherwise approved by Town Council.
(D) All vehicles being serviced must be placed within the garage or designated parking areas that are screened from public view by walls and landscaping.
(E) Exterior display(s) are not permitted. No advertisements or promotional goods and/or services shall be displayed outside of the station nor anywhere near or on the service pumps.
(F) The Service Station shall not include self service or full service car washes.
(G) A Service Station shall be located along an arterial street as defined by the Town’s Circulation Element of the General Plan.
(H) The canopy over the service pumps shall not exceed a height of fourteen (14) feet above finished grade. The exterior light lenses shall be mounted flush with the canopy. No commercial colors or logos shall be placed anywhere on the canopy. Stone veneer shall be used on the columns supporting the canopy and muted desert tones on all other surfaces.
(I) The existing Service Station at the southeast corner of Tom Darlington Drive and Cave Creek Road is an allowed use. Any major modification (as determined by the Zoning Administrator) to this service station will require site plan approval by the Development Review Board.
(J) The applicant must establish that the application mitigates impacts on adjacent properties such as lighting, noise and odors.
(25) A Special Use Permit for a Supervisory Care Facility shall meet the following minimum criteria:
(A) The application for the Special Use Permit or amendment thereof shall comply with the process prescribed in Article III., Section 3.07.
(B) The use shall be located adjacent to an arterial roadway as identified in the Circulation Element of the Town’s General Plan.
(C) A minimum building setback of sixty (60) feet shall be maintained along any abutting residential property.
(D) The density of the development may not exceed one unit for each 3,250 square feet of net lot area (excluding the right-of-way). A unit for a Supervisory Care Facility shall be defined as being one bedroom. In the case of communal bedrooms such as a sleeping porch, every two beds will be counted as one unit. If the number of beds are not an even count, the number of units will be rounded up (example: 5 beds = 3 units).
(E) The building height may not exceed eighteen (18) feet from natural and finished grade and twenty-five (25) feet from the highest point of the sloped roof or parapet to lowest elevation where the building pad meets natural grade.
(F) Minimum lot size for Supervisory Care Facility shall be three (3) acres.
(G) Any parking lot shall be screened from the street or adjacent residential property by a horizontally undulating solid masonry wall and native desert landscaping. The parking shall meet the minimum requirements of Article VII. Section 7.01, Table 7.1 (including one space per each unit and one space per each employee or contracted employee). A minimum of thirty-five (35) percent of the parking area shall be treated with pavers or exposed aggregate.
(H) The applicant must establish that the application mitigates impacts on adjacent properties such as lights, noise and odors. Furthermore, the applicant must ensure the land use is consistent with the Land Use Map of the Town’s General Plan. The analogous Land Use categories are Moderate Density Residential, Town Center, Commercial or Garden Office designations.
(I) Any amendment to the approved Special Use Permit after it is granted by the Town Council including but not limited to the addition of units, parking spaces or supporting facilities/amenities shall comply with the provisions prescribed in Article III., Section 3.07. Any amendment must satisfy the requirements of the Zoning Ordinance and any applicable State or Federal law.
(26) A Special Use Permit for a Veterinary Clinic shall meet the following minimum criteria:
(A) The application for the Special Use Permit or amendment thereof shall comply with the process prescribed in Article III., Section 3.07.
(B) Provided no overnight boarding is allowed except for medical observation or surgical follow up. The outdoor kenneling of pets is prohibited.
(27) A Special Use Permit for a Warehouse shall meet the following minimum criteria:
(A) The application for the Special Use Permit or amendment thereof shall comply with the process prescribed in Article III., Section 3.07.
(B) A use shall be determined to be a Warehouse if more than sixty-five (65) percent of the gross floor area is dedicated for storage purposes.
(C) To ensure compatibility to surrounding commercial uses, all doors to the Warehouse shall consist of a solid wood material or similar treatment. In addition, a minimum of fifty (50) percent of all building elevations shall be treated with material other than stucco. Natural stone, stone veneer, slate, rammed earth or similar materials are viable alternatives to stucco.
(D) The maximum building height shall be sixteen (16) feet above natural and finished grade. Beyond sixteen (16) feet from natural and finished grade, up to a maximum height of twenty-four (24) feet from natural and finished grade, the building shall be stepped back a minimum of two (2) feet for every foot above sixteen (16) feet.
(E) Building setbacks shall be a minimum of thirty (30) feet from any abutting commercial property and sixty (60) feet from any abutting residential property (excluding right-of-way).
(F) All loading and unloading areas shall be screened from view from public streets and adjacent properties by a combination of desert landscaping and horizontally undulating masonry walls.
(G) A minimum of fifty (50) percent of the parking lot and loading areas shall be treated with pavers or exposed aggregate.
(H) The applicant must establish that the application mitigates impacts on adjacent properties such as lighting, noise and odors.
(28) The Conditional Use Permit for a Wireless Communication Facility shall meet the following minimum criteria.
(A) The application for the Conditional Use Permit or amendment thereof shall comply with the process prescribed in Article III., Section 3.08.
(B) All Wireless Communication Facilities shall consist of stealth applications to ensure antennas, conduit/cabling, and associated equipment are not visible to the public.
(C) No Wireless Communication Facility shall be permitted on developed or undeveloped lots where the primary use is or is platted for a single-family dwelling.
(D) No monopoles or towers are permitted in any zoning district.
(E) Rooftop mounted equipment shall be screened from off-site views by solid screen walls or building parapets. Rooftop antennas shall be placed behind a RF friendly fiberglass material which emulates the texture, form, and color of surrounding architectural features or elements.
(F) Antennas mounted to a building façade shall be a minimum of one foot below the top of the respective façade, and shall be painted the color of the respective façade. No cable or conduit shall be visible and antennas shall be a maximum of twelve (12) inches from the surface of the façade.
(G) All ground mounted equipment shall be screened by walls using building materials or colors that blend into the surrounding natural and/or physical environment.
(H) Any Wireless Communication Facility not in use for six (6) or more months shall be removed by the service provider or property owner. This removal shall occur within ninety (90) days of the end of such six-month period.
(I) A Conditional Use Permit for an amateur radio transmission tower shall comply with the process prescribed in Article III., Section 3.08 and applicable FCC regulations.
(29) Small Wireless Service Facilities in the ROW (Ord. #2018-03)
(A) Purpose. To establish appropriate locations, site development standards, and permit requirements to allow for Small Wireless Facilities to be located in the rights-of-way as required by A.R.S. § 9-591 et. seq., subject to such small wireless facilities meeting the objective design standards and stealth and concealment requirements provided in this section.
(B) Applicability. The requirements of this ordinance apply to all new SWFs in the rights-of-way and modification of any existing SWFs.
(C) Definitions. For the purpose of this Section, the following terms shall have the meanings prescribed herein unless the context clearly requires otherwise:
1) "Antenna" means communication equipment that transmits or receives electromagnetic radio frequency signals and that is used as part of a Small Wireless Facility;
2) "Collocation" means the use of a single mount and/or site by more than one small wireless service provider;
3) "Design" means the appearance of a Small Wireless Facility, including but not limited to its material, color or shape;
4) "Equipment cabinet" means an enclosed box that is either located in a vault at or near the base of the SWF which contains, among other things, batteries and electrical equipment (hereinafter referred to as "equipment"). This equipment is connected to the antenna by underground cables.
5) "Modification" means any physical or operational change, alteration, or other modification of any of the following as they relate to a Small Wireless Facility or the subject property upon which it is located, including but not limited to:
a) The site plan;
b) The sight line representation;
c) The design submittal as required in this Section;
d) The conversion of a single-use Small Wireless Facility to a collocation is also considered a modification;
6) "Monopole" means a type of mount that is self-supporting with a single shaft of steel or concrete or other acceptable material that is not more than forty inches in diameter at ground level and that has all of the small wireless facilities mounted on the pole or contained inside the pole;
7) “Permittee” means a Small Wireless Facility permit applicant who has an approved permit;
8) "Small Wireless Facility" or “SWF” means any of several technologies using radio signals at various frequencies to send and receive voice, data or video to and from mobile transceivers; which are composed of two (2) or more of the following components:
a) Antennas that are no more than six cubic feet in volume;
b) Faux Cactus or replacement Utility Pole;
c) Equipment cabinet less than twenty-eight cubic feet in volume;
d) Underground vault for equipment;
e) Electric meter (where required by law);
f) Grounding Equipment and a power transfer switch.
9) "Small Wireless Services" means commercial mobile radio services, unlicensed wireless services and common carrier wireless exchange access services as defined in the Telecommunications Act of 1996, and any amendments thereto, and any services that are provided to the public and that use licensed or unlicensed spectrum, whether at a fixed location or mobile and that use small wireless facilities;
10) "Siting" means the method and form of placement of a small wireless facility on a specific area of a subject property pursuant to the provisions of this Section;
11) "Subject Property" means all the specific rights-of-way upon which a small wireless facility is either proposed to be, or already is, developed, located, constructed or operated; and
12) “Utility Pole” means a pole or similar structure that is used in whole or in part for communications services, electric distribution, lighting or traffic signals, but excludes a monopole and/or decorative light fixtures located in Carefree Town Center.
(D) General Requirements.
1) In order to locate a SWF in the Town’s rights-of-way, a Permittee must obtain or hold a Master License Agreement with the Town of Carefree.
2) No SWF may be developed, located, constructed or operated without an Administrative Small Wireless Facility Permit. An Administrative Small Wireless Facility Permit is also required for any modification to a SWF.
3) Once an Administrative Small Wireless Facility Permit is approved, the Permittee may submit for a building permit.
4) The process for an Administrative Small Wireless Facility Permit shall be:
a) Determination of a complete application by the Zoning Administrator or designee. An application on a form prescribed by the Town shall be submitted and fees paid by the applicant at the time of submission of the application. The Town shall have twenty (20) days to deem the application complete as well as determine if the applicant is applying for compliance with the objective design standard, the alternate objective design standard or neither according to submittal requirements found on the application form.
b) Review by the staff of the proposed site or an alternate site within one hundred (100) feet that maintains the technical needs of the Applicant and blends with the existing built and natural environment.
c) An Applicant who chooses not to comply with the objective design and concealment standards or the alternative provided for herein shall follow the requirements for a special use permit for a new utility pole under the provisions of Article III, Administration, Section 3.07 Special Use Permit. All applications for monopoles within the Town rights-of-way shall be excluded from the Application process for SWFs and shall instead be subject to Article III herein.
5) The objective design standards for the Town that achieve reasonable stealth and concealment are:
a) Generally described as a twenty-four foot faux cactus.
b) If an Applicant can demonstrate a technical reason why the specified faux cactus SWF will not provide coverage/capacity consistent with small wireless facility industry standards, an Applicant may request to locate on an alternate site of an existing or replaced traffic signal pole or street light pole consistent with the specification noted below.
c) If no existing or replacement utility pole exists, the Applicant may request a new SWF through the Town’s Special Use Permit process outlined in Article III herein.
(E) Siting Standards. The following siting criteria apply to consideration of an Administrative Small Wireless Facility Permit for a SWF:
(1) After an Applicant identifies an area to site a Small Wireless Facility, Town staff shall evaluate the area near the site with the Applicant to find the optimal location for the small wireless facility (said area to include the total area within a one hundred foot radius of the Applicant’s preferred site), with initial siting to be objectively chosen based on the following criteria:
a) Safety.
i. Sites should not be located within the Town’s corner vision view triangle near street or driveway intersections so as to not be in areas where car accidents are more frequent, that is, near the intersection of streets;
ii. Sites should be spaced as far back from the sidewalk or street curb so as to not pose a hazard to bicyclists, pedestrians or vehicular traffic; and
iii. In order to maintain a safe “fall zone” a SWF shall be set back from existing habitable structures on private property by a distance equal to the height of the top of the antenna structure, plus an additional ten feet.
b) Appearance.
i. New SWFs shall be located in areas where they can blend into the existing built and natural environment, that is, in areas where existing trees and shrubs of size similar to the antenna height already exist and where the addition of the antenna to the built environment will least affect the view sheds from neighboring properties.
ii. Depending upon the degree to which the SWF "blends with" or "disturbs" the setting, the subject property and its character and use, or neighboring properties and their character and use, staff may request that additional landscaping be installed as part of the approval. The SWF landscaping may include trees, mature vegetation, natural features or hardscaping within the rights-of-way area surrounding the SWF.
iii. All equipment shall be located within the faux cactus structure to the greatest extent possible, and all other equipment shall be located underground or within a faux rock to the greatest extent possible. At no time is the “other equipment” to extend beyond the rights-of-way area.
iv. No signage shall be placed on a faux cactus.
v. If equipment cabinets are deemed necessary by the Town, they shall be completely screened from view by a compatible wall, fence or landscaping consistent with the Town landscaping guidelines and consistent with this ordinance. Any utility meter associated with the SWF shall face away from the street or shall be camouflaged in some manner.
c) Form. The degree to which the shape of the SWF and any equipment shall relate to its surroundings.
d) Color. A SWF shall be in natural tones and a non-reflective color or color scheme appropriate to the background against which the SWF would be viewed from a majority of points within its viewshed. "Natural" tones are those reflected in the natural features and structural background against which the SWF is viewed from a majority of points within its viewshed. Final colors and color scheme must be approved by staff.
e) Strength. Any SWF shall be designed to withstand the requirements related to wind loads in the most current building code adopted by the Town.
f) Cumulative Visual Effect. To the extent allowed by law, staff shall consider the cumulative visual effects of SWFs and any mount, specifically their appearance or domination of the skyline, natural and structural features or terrain, in determining whether to approve an Administrative Small Wireless Facility Permit.
(F) Design Standards and Aesthetics Mandate the Use of “Faux Cactus” SWFs. To maximize the concealment of SWFs, the first type of antenna and support structure to be considered shall be a faux cactus installation designed as follows:
(1) Shall utilize the Larson Camouflage model LCA-0-24-24 fiberglass antenna structure or equivalent, maximum twenty four foot tall from the ground or base;
(2) Shall contain standard details, such as dimensions, colors and materials, the same as those used for the existing faux cactus installation throughout the Town (please refer to standard details provided in the application);
(3) Shall be designed to the greatest extent possible to look like part of the natural environment, thus they shall not be placed in existing concrete such as a sidewalk nor shall concrete be placed around the base of the facility except as needed to anchor and support the structural elements of the SWF, with such concrete anchor to be hidden by earth, rocks, decomposed granite and the planting of two (2) trees and three (3) shrubs near the base or alternate landscape as approved by the Town;
(4) All ground mounted equipment and connections shall be buried with the exception of the utility meter which shall face away from the street and the disconnect switch;
(G) Alternative Design Standards Utilizing an Existing Utility Pole. If an Applicant can demonstrate a technical reason why the specified faux cactus SWF will not provide coverage/capacity consistent with Small Wireless Facility industry standards, an Applicant may propose the use of a Utility Pole SWF installation, for which the following design and concealment criteria shall be used:
(1) If the selected Utility Pole is a traffic signal or street light, the existing traffic signal or street light shall be replaced with a new engineered street light or traffic signal pole design that has the appropriate structural support strength including any footing modifications to accommodate the height and weight of the antenna and equipment located within the replacement pole;
(2) The maximum height of the replacement pole shall not be more than six feet above the pre-existing height of the street light vertical pole or traffic signal vertical pole that it replaced (not including the mast arm);
(3) All antennas and “pole-mounted” equipment shall be within a cylinder or container (or within the replacement pole) that is within two (2) inches of the width or diameter of the adjoining utility pole, with said container width or diameter not to exceed twenty inches. The only protrusions or extensions from the pole shall be those that existed before the replacement pole, that is, in the case of street lights and traffic signals the mast arms or other supports for street lights, street name signs, and traffic signals;
(4) All wiring associated with the SWF shall be contained within the replacement pole or underground;
(5) All ground mounted equipment and connections shall be buried with the exception of the utility meter and the disconnect switch;
(6) Shall contain standard details, such as dimensions, colors and materials, the same as those used for the existing 56th Street and Lincoln traffic signal installation that is consistent with the standard details in the application.
(H) Radiofrequency (RF) Performance and Interference Standards and Monitoring.
(1) To the extent allowed by law, the following radiofrequency (RF) maximum permissible exposure standards apply to consideration of an Administrative Small Wireless Facility Permit for a SWF, in addition to monitoring requirements as required in this Article:
a) All equipment proposed for a SWF shall meet the current FCC RF Guidelines and any amendments thereto (hereafter "FCC Guidelines");
b) Applicant shall provide graphics to illustrate RF radiation level in terms of percent of FCC Public and Occupational limits.
i. For all applications, a graphic shall illustrate RF exposure levels that may exceed the FCC limits in all areas that are readily accessible to the public, including habitable structures.
ii. For SWFs attached to utility poles or any other structures not owned by the Applicant, graphically shall illustrate in three dimensions the worst case exposure levels that exceed FCC limits for service personnel accessing the area near the SWF exposure zones. If the graphic illustration exceeds the FCC exposure limit in any area accessible to workers who would work on maintenance or repair to the traffic signals, lights, or utility wiring on the utility pole, a narrative must be supplied containing all the information required to provide an RF Safety plan to protect workers from RF exposure above the FCC limits.
(2) Within ninety (90) days after FCC issuance of an operational permit for the SWF the Permittee shall submit a written report providing existing measurements and worst case predictions of RF power density levels from the SWF for:
a) Existing SWF: Report the maximum RF power density levels (spatially averaged per FCC Guidelines) measured in the areas identified as readily accessible to the public or workers;
b) Existing SWF plus cumulative: Maximum estimate of RF power density levels(spatially averaged per FCC Guidelines) measured in the SWF RF environment to be inclusive of any other significant contributors to the RF environment (i.e. co-located SWF). Definition of “Significant Contributors” to be any contributor >5% of the FCC Public limit at any measurement location;
c) Certification signed by a competent person stating that RF radiation measurements are performed with properly calibrated test equipment and meet FCC Guidelines.
(3) If FCC Guidelines are changed during the period of any Administrative Small Wireless Facility Permit for a SWF use, then the SWF shall be brought into compliance with such revised guidelines within the time period provided by the FCC; or if no time period is stated, then within sixty (60) days of the effective date of such guidelines.
(4) If at any time during the term of the permit the Town has reasonable evidence that the Permittee is not in compliance with FCC Guidelines, and the Town provides notice of such, the Permittee so notified shall provide to the Town, within thirty (30) days after such notice, an analysis and determination of its compliance with FCC guidelines showing the data collected and status not meet FCC Guidelines, the Permittee shall immediately turn off the SWF and shall have sixty (60) days from the date of the Town's finding of noncompliance to bring the SWF into compliance. If compliance is not achieved in the sixty-day period, the Administrative Small Wireless Facility Permit may be revoked or modified by the Town.
(5) The Permittee shall ensure that the SWF does not cause localized interference with the reception of other FCC licensed services. If on review the Town finds that the SWF interferes with such reception, and if such interference is not cured by the Permittee within sixty (60) days after notice from the Town, the Town may revoke or modify the Administrative Small Wireless Facility Permit.
(I) Noise and Environmental Standards.
(1) To the extent allowed by law, the following noise and environmental standards apply to consideration of an Administrative Small Wireless Facility Permit for a SWF in addition to the monitoring requirements of this Article:
a) A SWF shall not generate noise in excess of fifty (50) decibels (dba) at ground level at the base of the facility closest to the antenna;
b) An environmental assessment is required by the National Environmental Policy Act (NEPA) for any SWF prior to commencing operations where any of the following exist:
i. Wilderness area;
ii. Wildlife preserve;
iii. Endangered species;
iv. Historical site;
v. Indian religious site;
vi. FEMA designated flood plain;
(2) An environmental assessment which, at a minimum, conforms to FCC requirements shall be submitted to the Town for each SWF where any of the above exists, and when the FCC requires such an environmental assessment to be submitted to the FCC. If the Applicant has determined that an environmental assessment is not required pursuant to FCC rules, this Article and applicable state law and Town Code, a written certification to that effect must be submitted to the Town. If an Applicant has not included an environmental assessment that the Zoning Administrator finds to be necessary under the National Environmental Policy Act, the Town may prepare, or cause to be prepared, such an environmental assessment or reject the application as incomplete. The environmental assessment shall be amended or revised by the Applicant within thirty (30) days after notice to do so from the Town when modifications are made or occur on the SWF. Failure to amend or revise shall constitute grounds for revocation of the Administrative Small Wireless Facility Permit.
(3) Within ninety (90) days from the date of approval of the permit, the Permittee shall submit existing and maximum future projected measurements of noise from the SWF for the following:
a) Existing SWF: Maximum noise level from the SWF. These measurements shall be for the type of mounts specified in Subsection A of this section;
b) Existing SWF plus cumulative: Maximum estimate of noise level from the existing SWF plus the maximum estimate of noise level from the total addition of co-located SWFs;
c) Certification signed by an acoustical engineer stating that noise measurements are accurate and meet Subsection (3) of this section.
(J) Collocation and Limitations. Collocation of antennas and equipment is permitted and encouraged on approved SWFs. All proposed co-locators must also receive an Administrative Small Wireless Facility Permit for the use at such site from the Town.
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