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§ 14.04.02 PARKING AND LOADING.
   A.   Purpose and applicability. It is the intent of this section to provide adequate parking and loading facilities to prevent street and traffic congestion while allowing for efficient use of land. The standards of this section shall apply to all development and redevelopment unless specifically excepted or modified by another provision of this Code.
   B.   Exceptions and exemptions.
      1.   Change in permitted use or structure.
         a.   Whenever the use of a property is changed to a new type of permitted or conditional use, parking and loading spaces required for the new use shall be provided in compliance with this section.
         b.   Whenever a structure is enlarged resulting in a net increase of gross floor area, seating capacity, dwelling units, or any other unit of measurement used to determine the required number of parking spaces, parking and loading spaces for the additional capacity shall be provided in compliance with this section.
         c.   Notwithstanding the provisions of divisions B.1.a. and B.1.b. above, a permitted use that does not meet the parking requirements of this section may be converted to another permitted use without full compliance with the required number of parking spaces provided:
            i.   The amount of parking available is at least 75% of the parking required for the new use in Table 4.02-1; and
            ii.   The applicant provides the maximum number of parking spaces able to be accommodated on the site while complying with all other provisions of this Code and without being required to remove or partially remove an existing structure.
      2.   Small non-residential lots. No off-street parking shall be required for any non-residential primary use on a lot in any mixed use district that is smaller than 5,000 square feet where no portion of the front lot line is located within 100 feet of a residential district.
      3.   Planned development.
         a.   The off-street parking requirements of this section shall serve as the standard from which to request different parking requirements for a PD-O (Planned Development Overlay) District.
         b.   Following approval of a PD-O District and general development plan, the parking requirements in those documents shall apply instead of the parking requirements in this section.
         c.   If an approved PD-O Zoning District general development plan or site plan is silent on any aspect of parking addressed by this section, the provisions of this section shall apply to that aspect of parking.
      4.   Parking-in-common.
         a.   Development and redevelopment of lots subject to a parking-in-common agreement, on the effective date of this Code, shall comply with the terms of that agreement instead of the parking requirements in this section. A list of parking-in-common agreements known to the city, and the properties included in those agreements, is available from the Department.
         b.   The off-street parking requirements of this section shall serve as the standard from which to request different parking requirements for parking-in-common areas existing on the effective date of this Code, or for the creation of a new parking-in-common agreement after the effective date of this Code.
         c.   Owners of properties subject to an existing parking-in-common agreement may not physically separate or bar access to any part of the parking-in-common area in a manner not permitted by the parking-in-common agreement unless the owner first obtains modifies that agreement pursuant to § 14.05.04I.
   C.   Parking requirements.
      1.   Required parking spaces.
         a.   The minimum off-street parking requirements for the uses allowed by this Code are listed in Table 4.02-1.
         b.   When calculating parking spaces for any use, requirements for a fraction of a parking space shall be rounded up to the next highest whole number.
         c.   A reduction in the minimum off-street parking requirements may be permitted in accordance with division O. below.
         d.   For any uses not listed in Table 4.02-1, the required minimum number of off-street parking spaces shall be determined by the Zoning Administrator based on parking requirements for similar uses and any anticipated neighborhood and traffic congestion impacts.
      2.   Accessible parking. Within the requirements of Table 4.02-1, accessible parking shall be provided for all multi-family and non-residential uses as required by the City Building Code and the Americans with Disabilities Act (ADA).
      3.   Mixed uses. Where several uses occupy a single structure or parcel of land, the total requirement for off-street parking and loading shall be calculated based on division O.1.b. below.
TABLE 4.02-1
MINIMUM REQUIRED OFF-STREET PARKING
sf = square feet; gfa = gross floor area
LAND USE CATEGORY
STANDARD
(All minimums unless otherwise listed)
TABLE 4.02-1
MINIMUM REQUIRED OFF-STREET PARKING
sf = square feet; gfa = gross floor area
LAND USE CATEGORY
STANDARD
(All minimums unless otherwise listed)
RESIDENTIAL USES
Household living
Dwelling, single-family detached
2 space/dwelling unit. At least 1 space shall be covered.
Dwelling, 2-family dwellings
Dwelling, single-family attached
1 space/dwelling unit
Dwelling, co-housing
Dwelling, live/work
Dwelling, multi-family
1 space/dwelling unit containing an efficiency unit.
1.5 spaces/dwelling unit containing 1 bedroom.
2 spaces/dwelling until containing 2 bedrooms or more.
Plus 1 space/5 dwelling units for visitor parking.
At least 1 space per unit must be covered.
Dwelling, vacation rental
See respective dwelling type
Manufactured housing park
2 spaces/dwelling unit. At least 1 space shall be covered
Group Living
Continuing care retirement community
1 space/3 habitable units.
Plus guest parking at 10% of resident parking standards above.
At least 50% of required spaces shall be covered.
Residential care facility
1 space/3 beds design capacity.
Plus guest parking at 10% of resident parking standards above.
At least 50% of required spaces shall be covered.
PUBLIC AND INSTITUTIONAL USES
Community Service
Cemetery or mausoleum
No requirement
Clubs, lodges, and private meeting halls
1 space/300 sf gfa
College or university
1 space/500 sf gfa of classroom, office, research, and library area.
Auditorium must meet theater/auditorium parking standard.
Community centers
1 space/500 sf gfa
Day care facility
1 space/800 sf gfa
Elementary school
1 space per classroom plus 1 space per 250 sf in largest auditorium or meeting space
Secondary school (junior high and high school)
1 space per classroom plus 1 space per 200 sf in largest auditorium or meeting space
Funeral home or mortuary
1 space 200 sf gfa in main assembly area
Golf course
6 spaces/hole or 1 space/400 sf of clubhouse area, whichever is greater
Hospital
1 space/3 beds design capacity or 1 space/500 sf gfa, whichever is greater
Library, museum, or gallery
1 space/1,000 sf gfa, but not less than 2 spaces
Long-term medical care facility
1 space/3 beds design capacity or 1 space/500 sf gfa, whichever is greater
Open space, park, or playground
No requirement
Public safety facility
1 space/300 sf gfa
Religious facility
1 space/6 fixed seats or per 200 sf gfa in the main assembly area, whichever is greater
Water-related facility
As determined by the Zoning Administrator based on proposed use, traffic impacts, multi-modal transportation options, site constraints, and surrounding land uses
Utilities & Communications
Public utility facility, major


No requirement
Public utility facility, minor
Telecommunications facility
COMMERCIAL USES
Agriculture and Animal Related
Agriculture
No requirement
Animal care and boarding
1 space/500 sf gfa
Community gardens
No requirement
Plant nursery or garden supply
1 space/500 sf gfa
Veterinary hospital
1 space/500 sf gfa
Food & Beverage Service
Refer to Table 4.02-5 for drive-up/through facility stacking space requirements
Bar or nightclub
R-UMS and MU-UMS districts: 1 space/150 sf gfa
All other districts: 1 space/100 sf gfa
No additional parking for approved outdoor eating areas
Restaurant
Lodging
Bed and breakfast
1 space/dwelling unit, plus 1 space/rentable bedroom
Hotels, motels, and conference facilities
2 spaces/3 guest rooms, plus 1 space/300 sf in all accessory uses including restaurants and meeting rooms;
10% of the required spaces shall be designed and dimensioned for RV parking
Resort
As determined by the Zoning Administrator based on proposed use, traffic impacts, multi-modal transportation options, site constraints, and surrounding land uses
Office
Refer to Table 4.02-4 for drive-up/through facility stacking space requirements
Business, art, or vocational schools
1 space/400 sf gfa
Offices
R-UMS and MU-UMS districts: 1 space/500 sf gfa
All other districts: 1 space/300 sf gfa
Medical offices and clinics
R-UMS and MU-UMS districts: 1 space/400 sf gfa
All other districts: 1 space/250 sf gfa
Research and development laboratory
1 space/600 sf gfa
Personal Services
Refer to Table 4.02-5 for drive-up/through facility stacking space requirements
Personal services
R-UMS and MU-UMS districts: 1 space/400 sf gfa
All other districts: 1 space/250 sf gfa
Self-storage (mini-storage)
2 spaces
Recreation & Entertainment
Entertainment, adult
1 space/300 sf gfa
Indoor recreation or entertainment
1 space/300 sf gfa
Motorsports facility
As determined by the Zoning Administrator based on proposed use, traffic impacts, multi-modal transportation options, site constraints, and surrounding land uses
Outdoor recreation or entertainment
Shooting range
Studio
1 space/400 sf gfa
Theaters and auditorium
1 space/6 seats or per 200 sf gfa in main auditorium, whichever is greater
Retail
Refer to Table 4.02-5 for drive-up/through facility stacking space requirements
Alcohol beverage sales
1 space/300 sf gfa
Building material store
1 space/500 sf gfa
Convenience store (with fuel sales)
1 space/250 sf gfa
General retail, small
R-UMS and MU-UMS districts: 1 space/400 sf gfa
All other districts: 1 space/300 sf gfa
General retail, large
1 space/400 sf gfa
Marijuana establishment and marijuana testing facility
1 space/300 sf gfa
Medical marijuana dispensary or infusion facility
1 space/300 sf gfa
Retail, adult
1 space/300 sf gfa
Retail, big box
1 space/500 sf gfa
Vehicles & Equipment
Refer to Table 4.02-5 for drive-up/through facility stacking space requirements
Airport and support services
As determined by Lake Havasu City airport management
Car wash
No requirement, but refer to Table 4.02-5 for drive-up/through facility stacking space requirements
Heavy vehicle and equipment sales, rental, or service
1 space/1,000 sf gfa
Light vehicle sales or rental
1 space/500 sf gfa in showroom
Vehicles & Equipment
Light vehicle service or repair
1 space/500 sf gfa
Light watercraft sales, rental, or service
1 space/500 sf gfa in showroom
Marina
As determined by the Zoning Administrator based on proposed use, traffic impacts, multi-modal transportation options, site constraints, and surrounding land uses
Marine equipment sales, rental, service, and storage
1 space/500 sf gfa of sales, rental, and service area
Parking facility
No requirement
Recreational vehicle park
1 space/RV site
Plus guest parking at 10% of standard above.
Vehicle and freight terminals
1 space/2,000 sf gfa
INDUSTRIAL USES
Commercial Services
Outdoor storage
No requirement
Warehouse and wholesale distribution
1 space/2,000 sf gfa
Manufacturing & Processing
Heavy industry
1 space/1,000 sf gfa
Light industry
Medical marijuana cultivation facility
Storage or use of hazardous materials
No requirement
Waste & Salvage
Recycling, large collection or light processing facility
1 space/1,000 sf gfa
Recycling, small collection facility
No requirement
ACCESSORY USES
Accessory automated teller machine (ATM)
No requirement; refer to Table 4.02-5 for drive-up/through facility stacking space requirements
Accessory drive-in or drive-through
No requirement; refer to Table 4.02-5 for drive-up/through facility stacking space requirements
Accessory dwelling unit
1 space/dwelling unit in addition to primary dwelling requirement
Accessory, other
No requirement
TEMPORARY USES
Temporary construction office or yard or real estate sales office
2 spaces
Temporary event or sales or other customary use
No requirement
 
   D.   Parking alternatives. In mixed-use and non-residential zoning districts, the Zoning Administrator may approve applications containing alternatives to the number of off-street parking spaces required by Table 4.02-1, if the application meets the following standards.
      1.   Shared parking.
         a.   Location. Shared parking shall be located within 600 feet of the primary entrance of all uses served.
         b.   Reduction. Where a shared parking area or facility meets the location requirement of division D.1.a. above, the off-site parking required for those uses may be reduced by the factors shown in Table 4.02-2. Off-street parking required shall be the sum of the 2 parking requirements for the 2 uses divided by the factors for that combination of uses. If more than 2 uses share a parking lot or structure, the required parking shall be calculated by applying Table 4.02-2 to the 2 uses with the largest parking requirements and then adding the required parking for the additional uses.
 
TABLE 4.02-2
SHARED PARKING REDUCTION FACTORS
PROPERTY USE
RESIDENTIAL
PUBLIC AND INSTITUTIONAL
FOOD, BEVERAGE, AND INDOOR ENTERTAINMENT, LODGING, RELIGIOUS ASSEMBLY
RETAIL SALES AND PERSONAL SERVICES
OFFICE & OTHER COMMERCIAL
Residential
 
Public and Institutional
1.1
 
Food, Beverage, Indoor Entertainment, Lodging, Religious Assembly
1.1
1.2
 
Retail Sales and Personal Services
1.2
1.3
1.3
 
Office & Other Commercial
1.3
1.5
1.7
1.2
 
 
         c.   Other sharing permitted. As an alternative to the parking reduction factors in Table 4.02-2, the Zoning Administrator may allow the following reductions in required parking:
            i.   Up to 50% of the parking spaces required for food, beverage, and indoor entertainment uses located within 600 feet of a non-residential use that is not normally open, used, or operated during the same hours; and
            ii.   Up to 100% of parking spaces required for religious assembly uses located within 600 feet of a non-residential use that is not normally open, used, or operated during the same hours.
         d.   Agreements. If the Zoning Administrator determines that there is significant doubt that shared parking facilities will remain available for the uses they serve, and the loss of those shared parking spaces would cause significant neighborhood impacts or traffic congestion, the Zoning Administrator may require a written agreement assuring the continued availability of the shared parking spaces for the uses they serve. If required by the Zoning Administrator, the agreement shall be on a form approved by the city and shall be filed with the application for a building permit.
      2.   Bicycle facilities. Any parking lot or structure containing 10 or more parking spaces shall provide adequate and safe on-site bicycle parking facilities in accordance with the following standards:
         a.   For parking lots required to have more than 25 vehicle parking spaces, the required number of vehicle parking spaces may be reduced by 1 space for each required bicycle parking space installed, up to a maximum 20% reduction of the number of required vehicle parking spaces.
         b.   Design.
            i.   Location. Bicycle parking facilities shall be:
               (A)   Located near the main customer and employee entrances to the principal use;
               (B)   Clearly designated;
               (C)   Safely separated from vehicle maneuvering areas, and
               (D)   Located on the ground level when in a parking structure.
            ii.   Minimum dimensional standards. Each bicycle parking space shall be at least:
               (A)   Six feet long;
               (B)   Two feet wide; and
               (C)   A minimum 5-foot wide access aisle is required beside or between each row of bicycle racks.
            iii.   Materials. Bicycle parking facilities shall be surfaced with all-weather material and maintained in a safe and neat condition that avoids dust.
            iv.   Security. Bicycle parking facilities shall be equipped with either a lockable enclosure (bicycle locker) or a permanent, secure, and stationary structure (bicycle rack) that supports the bicycle frame and to which the frame and both bicycle wheels can be locked.
      3.   Credit for motorcycle parking.
         a.   The Zoning Administrator may credit parking spaces for motorcycles or other small motorized vehicles against required off-street parking requirements in an amount of up to 5% of the standard vehicle spaces required.
      4.   Credit for public parking. Some or all of the required off-street parking spaces for a non-residential use may be waived by the Zoning Administrator if publicly owned off-street parking is located within a 600 foot walking distance from the main entrance of the proposed use, and the Zoning Administrator also determines that adequate parking spaces are available within the publicly owned parking area to accommodate the anticipated use.
      5.   Credit for on-street parking. The Zoning Administrator may credit on-street parking spaces against required off-street parking requirements if the on-street spaces are located within 600 feet of an entry of the building in which the use is located, if the Zoning Administrator determines that those parking spaces are frequently available for residents, patrons, or employees of the proposed use and structure.
      6.   Additional parking reductions. The Zoning Administrator may allow an additional reduction in the required number of parking spaces if the applicant submits a parking demand study, prepared in accordance with the city’s guidelines, by a qualified parking or traffic consultant, documenting the basis for granting a reduced number of spaces, and the Zoning Administrator determines the study accurately reflects the parking demand for the use or structure.
   E.   Parking design standards. In mixed-use and special purpose districts, parking area and facility designs shall comply with the following standards:
      1.   Parking layout dimensions.
         a.   Standard spaces. All required parking spaces must be a minimum of 9 feet in width by 18.5 feet in length and must comply with the minimum dimensions for spaces and aisles shown in the following Table 4.02-4 and Figure 4.02-1.
 
TABLE 4.02-4
OFF-STREET PARKING LAYOUT DIMENSIONS
ONE-WAY DRIVE AISLE
TWO-WAY DRIVE AISLE
Parking Angle
Stall Row Depth
Aisle Width
Stall Width
Stall Row Depth
Aisle Width
Stall Width
30°
17'10"
12'10"
9'0"
13'11"
18'0"
9'0"
45°
20'6"
13'0"
9'0"
17'4"
18'0"
9'0"
60°
21'10"
18'0"
9'0"
19'7"
18'0"
9'0"
90°
24'0" for interior; 20'0" for end of row
24'0"
9'0"
 
 
   Figure 4.02-1: Parking Space and Aisle Dimensions
         b.   Accessible parking. All required accessible parking spaces must comply with the following standards and minimum dimensions, as illustrated in Figure 4.02-2.
 
   Figure 4.02-2: Universal Handicap Space Standards
            i.   Slope requirements.
               (A)   A 5 foot square area cannot exceed 1:50 slope ratio in any direction if a raised sidewalk situation exists.
               (B)   Curb ramps are required with a raised sidewalk situation. Ramps cannot exceed a 1:12 slope ratio.
               (C)   An 11 foot space and 5 foot access aisle cannot exceed a 1:50 slope ratio in any direction.
            ii.   Wheel stops.
               (A)   Wheel stops are optional with curbed sidewalks.
               (B)   Wheel stops shall be setback a minimum of 3 feet from the edge of a curbed sidewalk.
            iii.   Markings.
               (A)   Accessible spaces shall be distinguished from standard parking spaces using different colors or physical barriers to outline the accessible spaces, and shall meet the requirements of Figure 4.02-2.
               (B)   The international handicap symbol shall mark the accessible space, with a blue background and yellow symbol.
               (C)   A minimum 3 inch outline striping is required. This striping shall be white on asphalt and traffic yellow on concrete. Measurements shall be taken from center to center.
               (D)   The access aisle adjacent to an accessible space shall be clearly marked with cross-hatching stripes spaced 2 feet apart on center.
               (E)   Access aisle must be clearly marked with diagonal stripes spaced 2 feet on center.
            iv.   Signage.
               (A)   The accessible space shall be identified by a standard regulatory sign (0.80 reflective aluminum with blue letters on a white background) meeting the requirements of Figure 4.02-3.
               (B)   The sign shall be mounted on a custom or decorative post, or may be mounted on a wall if located within four feet of the edge of a sidewalk.
               (C)   No landscaping or other obstruction is permitted to block the view of the sign from the accessible parking space.
               (D)   The height of the sign shall not be more than 7 feet above grade level.
 
   Figure 4.02-3: Universal Handicap Space Signage Standards
         c.   Recreational vehicle spaces. Recreational vehicle and boat trailer parking spaces shall be a minimum of 10 feet in width by 36 feet in length or 360 square feet in area.
         d.   Motorcycle spaces. Motorcycle spaces shall be a minimum of 5 feet in width by 12 feet in depth and appropriately identified.
      2.   Surfacing, marking, and drainage.
         a.   Areas used for the parking and maneuvering of any vehicle, boat, or trailer shall be improved with asphalt or concrete surfaces, or an alternate paving material approved by the Zoning Administrator.
         b.   Pervious or semi-pervious parking area surfacing materials may be approved alternatives, if the Zoning Administrator determines that they are appropriate for the city’s climate and the durability required for their intended use. Permitted materials may include, but are not limited to grass, mulch, “grasscrete,” ring and grid systems used in conjunction with grass seed or sod, permeable concrete or asphalt, porous or grid pavers, or recycle materials such as glass, rubber, used asphalt, brick, block, and concrete.
         c.   Vehicle storage areas may be surfaced with a permanent, dust-free pavement in lieu of concrete or asphalt pavement.
         d.   Required off-street parking spaces, drive aisles, and traffic flow indicators shall be clearly marked using reflectorized paint on the parking area pavement to maintain vehicular and pedestrian safety.
         e.   All on-site parking and loading areas shall include drainage facility designs that channel runoff to off-site drainage facilities as approved by the city.
      3.   Parking structures.
         a.   Parking structures are permitted up to the maximum height of the zoning district where they are located, or 48 feet, whichever is lower.
         b.   In the MU-CRW district, a parking structure must comply with the following setback requirements:
            i.   The parking structure shall be setback a minimum of 100 feet inland from the channel or 455 foot elevation line.
            ii.   The parking structure shall be setback a minimum of 10 feet from all right-of-way property lines.
            iii.   Any parking structure height above 40 feet requires a setback ratio of 1 foot of building height for every 1/2 foot of setback measured from the 10 foot right-of-way setback required in division F.2. above.
            iv.   The design of the structure façade shall screen the lower 4 feet of each level of parking visible from any of the public streets bounding the block on which the parking structure is located, so that portions of automobiles below hood height are not visible from those public streets.
   F.   Residential standards.
      1.   The following standards apply to parking for 1 single-family or 1 2-family residential dwelling constructed in any residential district:
         a.   Required parking spaces shall be hard surfaced, located off-street, and have access from a public street.
         b.   Required parking spaces shall be a minimum of 9 feet in width by 18.5 feet in length if uncovered and 10 feet by 18.5 feet if covered.
         c.   Required parking spaces shall not be located within the front setback of a lot.
      2.   The following standards apply to parking for multiple-family residential dwellings constructed in the R-3, R-M, R-UMS, R-CHD, R-SGD Districts and any mixed-use district:
         a.   Required parking spaces shall be hard surfaced, located off-street, and have access from a public street.
         b.   Required parking spaces shall be a minimum of 9 feet in width by 18.5 feet in length if uncovered and 10 feet by 18.5 feet if covered.
         c.   Driveways and parking access ways shall not occupy more than 50% of the required front setback area.
         d.   Required parking spaces shall not be located within the front setback of a lot.
         e.   The parking area shall be designed to prevent a vehicle from backing onto, into, or over a public right-of-way.
   G.   Parking of oversized vehicles. The following standards apply to all properties in the residential and mixed use zone districts.
      1.   Oversized vehicles. Vehicles with a rated chassis capacity in excess of 2 tons, a gross vehicle weight in excess of 10,500 pounds, or any vehicle with more than 2 axles, may not be parked on any lot, except for the purpose of loading or unloading of goods, except as provided in division H.2. below.
      2.   Recreational vehicles. A recreational vehicle exceeding 10,500 pounds that is owned by the lot owner, or the lessee of the lot, may be parked on the lot if the property is developed with a primary use (e.g. a house).
   H.   Drive-through vehicle stacking. The following standards apply to all properties with a drive-through facility.
      1.   Stacking space requirements.
 
TABLE 4.02-5
DRIVE-THROUGH STACKING SPACE REQUIREMENTS
ACTIVITY
MINIMUM STACKING SPACES (PER LANE)
MEASURED FROM
Bank, financial institution, or ATM
3
Teller or window
Restaurant/retail store
3
Pick-up window
Full service car wash
3
Outside of washing bay
Self-service car wash
1
Outside of washing bay
Other
Determined by the Zoning Administrator based on anticipated need to avoid traffic congestion on adjacent streets
 
      2.   Location and design of stacking lanes.
         a.   Audible electronic devices such as loudspeakers, automobile service order devices, and similar instruments shall not be audible beyond the property line of the site.
         b.   Drive-through stacking lanes shall have a minimum width of 10 feet.
         c.   Stacking lanes shall be set back 15 feet from each right-of-way.
 
   Figure 4.02-4: Stacking Lanes
   I.   Off-street loading requirements.
      1.   Minimum requirements for off-street loading space.
         a.   A required off-street loading space shall not be less than 10 feet in width by 25 feet in length and shall have an unobstructed height of 14 feet.
         b.   Off-street loading space shall be provided as set forth in Table 4.02-6 below, except as provided in division J.2. below.
 
TABLE 4.02-6
OFF-STREET LOADING SPACE STANDARDS FOR BUILDINGS
EXCEEDING 20,000 SQ. FT. OF GROSS FLOOR AREA
TYPE OF USE OR FACILITY
OFF-STREET LOADING REQUIREMENT
•   Office or lodging
•   Personal services and repair
•   Retail store (large)
1 space for each 50,000 sf of gross floor area in the structure, or part thereof, up to a maximum of 3 spaces
•   Building material sales
•   Garden material sales
•   Furniture and floor covering sales
•   Industrial services and manufacturing light vehicle sales, rental, storage, repair, or service
•   Heavy vehicle and equipment sales, rental, storage, repair, or service
•   Wholesaling
1 space for each 50,000 sf of gross floor area in the structure, or part thereof, up to a maximum of 2 spaces
•   Bus and truck terminals
As determined by the Zoning Administrator to accommodate the maximum number of buses or trucks to be stored or loading/unloading at the terminal at any one time
 
      2.   Existing structures. If the aggregate gross floor area of any existing building is increased by more than 50%, off-street loading space shall be provided in accordance with Table 4.02-6 above, to the extent required for the original gross floor area and its expansion. If the aggregate gross floor area of any existing building is increased by 50% or less, then the new off-street loading space shall be provided to the extent required for the expansion only.
      3.   Design and use of off-street loading areas.
         a.   Off-street loading space shall be located on the same lot occupied by the use served and shall be accessible from a public street or alley.
         b.   Off-street loading space shall not be occupied by or considered as any part of the required off-street parking areas.
         c.   No portion of an off-street loading space shall be located within any fire lane required by city ordinance or within aisles, driveways, or maneuvering areas necessary to provide reasonable access to any parking space.
         d.   Off-street loading space and the aisles or driveways leading to them shall not be used for the sale, repair, dismantling, or servicing of any vehicles, equipment, materials or supplies.
         e.   Any off-street loading area located within 100 feet of the boundary of a residential zone district shall be screened from view from the district by a masonry wall at least 8 feet in height of a color matching 1 of the primary colors used on the primary façade of the building.
   J.   Landscaping and screening. All parking areas and facilities shall comply with the screening and landscaping requirements of § 14.04.04.
(Ord. 20-1247, passed 12-8-2020; Ord. 18-1203, passed 8-14-2018; Ord. 17-1188, § 1, passed 11-14-2017; Ord. 16-1153, passed 6-14-2016; Ord. 16-1141, passed 2-23-2016; Ord. 23-1318, passed 9-12-2023)
§ 14.04.03 ACCESS AND CIRCULATION.
   A.   Public streets.
      1.   Frontage.
         a.   All lots, structures, and uses shall have frontage upon a public street. In context sensitive situations, where actual frontage is not feasible, the Director may permit a lot, structure, or use, with accessible street frontage, using a public or private easement or access agreement, if the public health, safety, and general welfare is not compromised.
         b.   Owners of 2 or more lots, uses, or structures may agree to share access to a public street if the length of the combined access way is as short as practicable and the combined access way complies with all other requirements in this Code.
      2.   Connectivity.
         a.   General requirement. All subdivisions shall comply with the city subdivision regulations (Title 13 of the City Code).
         b.   Sidewalks. All development shall include sidewalks as required by Title 11, Chapter 11.04, Article IX.
         c.   Internal pedestrian walkways.
            i.   Multi-family dwelling units shall be connected to vehicular parking stalls, common open-space, and recreation facilities through a pedestrian pathway system having a minimum width of 3 feet and constructed of all-weather material.
            ii.   Mixed-use and nonresidential developments containing more than 1 principal building on a single lot or parcel shall include an unobstructed walkway or pathway, of at least 6 feet in width, providing access between the principal buildings.
2016 S-36
   B.   Major roadways. Points of ingress or egress to and from Highway 95 and arterial streets shall be limited as follows:
      1.   Single-family uses.
         a.   Single-family dwellings shall not be granted permanent driveway ingress to or egress from Highway 95 or designated arterials unless the Commission determines that no other public street access is or can be made available.
         b.   If alternative public access is not available at the time of development, provisions shall be made for temporary access, but the temporary access shall be discontinued upon the availability of alternative public access.
      2.   Direct access.
         a.   Direct private ingress to or egress from Highway 95 and designated arterials shall be minimized.
         b.   Where alternatives to the use of Highway 95 or designated arterials exist, new or altered uses shall be required to use those alternative connections to other public streets.
         c.   The Commission may take action to restrict or prohibit an expanded use of existing private ingress to or egress from Highway 95 and designated arterials if it finds that the expanded use is contrary to the purposes of the transportation element of the General Plan.
   C.   Driveways. Driveways shall be fully improved with a hard surface pavement and shall meet the standards in Table 4.03-1 below:
TABLE 4.03-1
MINIMUM DRIVEWAY STANDARDS
LAND USE
NUMBER OF DRIVEWAYS
ACCESS
WIDTH (FT)
LENGTH (FT)
TABLE 4.03-1
MINIMUM DRIVEWAY STANDARDS
LAND USE
NUMBER OF DRIVEWAYS
ACCESS
WIDTH (FT)
LENGTH (FT)
Single-family
1
N/A
10
20
Two-family
1
N/A
20
20
2
N/A
10 each
20
Multi-family
1
1-way
12
N/A
2-way
18 (9 each)
N/A
Nonresidential
1
1-way
15
N/A
2-way
24 (12 each)
N/A
 
   D.   Vision clearance.
      1.   Corner lots.
         a.   Corner lots shall be developed to ensure visibility across the corners of the intersecting streets, alleys, and private driveways.
         b.   The corner cutback area shall be designed as a triangular shaped area on a corner lot formed by measuring 25 feet from the intersection of the front and street side property lines, or an intersecting alley or driveway, and connecting the lines diagonally across the property making a 90-degree triangle, as shown in the following diagram.
 
   Figure 4.03-2: Corner Vision Clearance Area1
      2.    Height of obstructions.
         a.   The maximum height of any structure, fence or landscaping located in the corner cutback area shall be 2 feet, measured from the elevation at the property line.
         b.   The 2-foot height limit shall not apply to traffic safety devices, trees trimmed to 8 feet above the adjacent top of curb, utility poles, and other government or utility installed devices.
   E.   Off-site public improvements. All development shall provide those public improvements required by the city subdivision regulations (Title 13 of the City Code), other sections of the City Code, and all adopted city regulations.
   F.   Bicycle and pedestrian routes. Where adopted city or regional plans show bicycle, pedestrian, or multi-use pathways, a proposed site plan shall provide connections to those paths and trails unless the Director determines that site or topography constraints, public safety considerations, or legal concerns related to the impacts of the proposed development require that connections not be provided.
(Ord. 16-1141, passed 2-23-2016)
§ 14.04.04 LANDSCAPING AND SCREENING.
   A.   Purpose. The intent of this section is to:
      1.   Lessen the environmental impacts of the built environment on the city’s natural resources;
      2.   Establish healthy environmental conditions by providing shade, air purification, oxygen regeneration, groundwater recharge, less stormwater runoff, erosion control, and noise, glare, and heat abatement;
      3.   Provide visual buffering from streets, buffering of potentially incompatible land uses, and enhanced quality and appearance of a development site, and the city in general;
      4.   Where landscaping is required, the installed materials should include live vegetation in addition to rock or inorganic matter;
      5.   Encourage the use of low-impact development measures, including drought-tolerant plant material, water-conserving automatic irrigation systems, and pervious pavement materials.
   B.   Applicability. The provisions of this section shall apply to lots and parcels in any zone district that contain (i) more than 10,000 square feet of lot area, and (ii) a primary structure with a primary use other than a single family detached, single-family attached, 2-family residential, or live-work use, when the following conditions occur after the effective date of this Code:
      1.   A new primary structure is constructed;
      2.   The floor area in an existing primary structure is increased by more than 25%;
      3.   An existing primary structure is relocated on the lot or parcel;
      4.   The primary structure is renovated or redeveloped (including but not limited to reconstruction after fire, flood, or other damage), and the value of that renovation or redevelopment, as indicated by building permits, is more than 25% of the actual value of the property, as indicated by tax assessor’s records;
      5.   A new primary use parking lot containing 25 or more spaces is constructed; or
      6.   An existing primary use parking lot containing 25 or more spaces is redesigned or reconstructed with significant changes to the layout of parking spaces, driving aisles, and access drives.
   C.   General landscaping standards.
      1.   Landscape plan required. A landscaping plan meeting city requirements shall be submitted as part of all applications for development or redevelopment requiring a site plan/design review process under § 14.05.04H., unless the Zoning Administrator determines that landscaping required under this section can be demonstrated without the use of a landscaping plan. A landscaping plan may be combined with other required application materials.
      2.   Minimum required landscaping. Landscaping shall be installed to comply with the specific requirements for street trees, property edge buffering, and parking area landscaping standards in this section to meet the following minimum landscape requirements:
         a.   R-3, R-M, R-CHD, R-SGD, and R-UMS Zoning Districts. In multi-family residential zoning districts, a minimum of 20% of the total lot area shall be landscaped.
         b.   Mixed use zoning districts. In all mixed-use zoning districts, a minimum of 15% of the total land area shall be landscaped.
         c.   Special purpose zoning districts. In all special purpose zoning districts, a minimum of 10% of the total land area shall be landscaped.
         d.   Parking in common. Minimum landscape area requirements for properties within approved PIC plans shall be met by complying with landscape element of PIC plan.
      3.   Plant materials.
         a.   Plant materials shall be from the city’s approved water conserving plant list, or as otherwise approved through the site plan/design review process. All plant material shall be hardy to northwestern Arizona (USDA hardiness Zone 10a), free of disease and insects, and conform to the American Standard for Nursery Stock of the American Association of Nurserymen.
         b.   Except for plantings used for screening, no 1 species of tree or shrub may make up more than 50% of the total amount of landscape plantings.
         c.   Invasive species, as identified by the Arizona Department of Agriculture Plant Services Division and the Arizona Invasive Species Advisory Council, are prohibited.
         d.   At least 50% of all landscaped areas containing trees and shrubs shall be planted with ground cover, and remaining areas shall incorporate a minimum 2-inch layer of inert ground cover.
         e.   The use of artificial plant material is prohibited, unless approved by the Director based on considerations of similarity of appearance to live vegetation, durability appropriate for its anticipated use, and public safety.
      4.   Minimum plant sizes. When included as part of the required landscaping, trees shall be a minimum 24-inch container size, and shrubs shall be a minimum 5-gallon container size. The above dimensions apply to sizes at time of planting.
      5.   Plant material spacing. Except for the provisions of division F. below, plant materials shall not be placed closer than 4 feet from any fence line or property line. Where tree planting requirements are based on linear street frontage, areas occupied by driveways shall be included when calculating the number of trees required to be planted, and any trees that would otherwise be required in driveways shall be planted in other landscaped front yard areas unless prohibited by minimum spacing requirements for that species.
      6.   Landscape features. Landscaped areas may include architectural features that add visual interest and a public amenity to the site including rock groupings, sculptures, public art, water features and benches.
      7.   City right-of-way. Property owners are encouraged to install landscaping on portions of the public right-of-way located between the front property line and the vehicle travel lanes not occupied by sidewalks, above-ground utility structures, or curb and gutter structures. However, all planting or removal of trees or vegetation in city rights-of-way is subject to approval by the city.
      8.   Flexibility for redevelopment. Where the requirements of this section are applied to a redevelopment or reconstruction project, rather than a new development, the Zoning Administrator may authorize a reduction of minimum off-street parking requirements established in § 14.04.02C. by up to 10%, if necessary, to accommodate street frontage landscaping required by division D. below or parking area landscaping required by division E. below.
      9.   Installation and performance bond. Landscaping shall be installed prior to issuance of the certificate of occupancy, unless a security equal to 100% of the anticipated cost of landscaping is filed with the city, assuring installation within 6 months after occupancy. Security may consist of a performance bond payable to the city, cash, certified check, or other assurance of completion approved by the City Attorney. If the installation of the landscaping is not completed within the 6 month period, the security may be used by the city to complete the landscape installation.
   D.   Street frontage landscaping. The street frontage of a property subject to this section shall meet the following landscaping requirements:
      1.   Required depth. Street yard landscaping strips within private yards adjacent to city rights-of-way shall be at least 10 feet in width.
      2.   Street trees and shrubs. Street trees and shrubs shall be planted along a property’s street frontage in accordance with the following:
         a.   One tree per 40 feet of linear street frontage, planted on center, and in alignment with any similar street frontage landscaping on adjacent lots, or if that is not possible or adjacent lots do not contain front yard landscaping, then within 10 feet of the front property line.
         b.   One shrub per 25 feet of linear frontage.
         c.   No more than 50% of required trees shall be from 1 tree species.
         d.   Street trees may be clustered and placed at uneven intervals, to increase visual appeal or to avoid utility or site obstructions, with approval from the Zoning Administrator during the site plan/design review process.
   E.   Parking area landscaping.
      1.   Purpose. The purpose of this section to provide landscaping areas internal to parking lots to break up large expanses of pavement, provide shaded areas, delineate pedestrian walkways and vehicular drive aisles to improve visitor safety, and improve the overall appearance of the site.
      2.   Minimum required area. Ten percent of the interior parking area occupied by parking spaces and interior vehicle circulation aisles (but not including access driveways between the public street and the edge of the parking area) shall be landscaped. Landscaping required to meet the requirements of division D. above, or division F. below shall not be used to satisfy this requirement.
      3.   Location and design. Internal landscape areas shall be designed in accordance with the following standards, as depicted in Figures 4.04-2 to 4.04-4.
 
   Figure 4.04-2: Parking Lot Landscaping
 
   Figure 4.04-3: Interior Landscape Area
   Figure 4.04-4: Parking Area Curb Breaks
         a.   A landscape area shall be located between every 15 parking spaces at a minimum.
         b.   A landscape area shall be a minimum of 8 feet in width.
         c.   One tree is required for every 300 square feet of internal landscape area.
         d.   A landscape area shall be designed lower than the paved area so that stormwater from the paved parking areas can flow into the landscape areas, unless a different result is required by the adopted city Stormwater Management Plan.
         e.   A landscape area shall be curbed to protect the landscape materials, and this curbing shall include breaks to permit stormwater to enter the landscaped areas.
      4.   Pedestrian walkways.
         a.   Location.
            i.   Each surface parking area containing 100 or more parking spaces, any of which are located more than 300 feet from the front façade of the building shall contain at least 1 walkway that enables a pedestrians to travel from the farthest row of parking to the primary building entrance without crossing any parking spaces or drive aisles.
            ii.   Additional walkways shall be included and spaced 200 feet apart to ensure that no parking space in the farthest row of the parking lot is more than 200 feet from any walkway.
            iii.   If there is a public sidewalk along the street frontage located within 50 feet of any required walkway, the walkway shall connect to that sidewalk.
         b.   Design. The required walkway shall be at least 5 feet wide; shall be located in a landscaped island and shall run perpendicular to the primary building, to the greatest extent practicable. If the walkway is located in a landscaped island, the width of the island shall be increased by 5 feet to accommodate the walkway without reducing the amount of landscaped area.
   F.   Property edge buffering.
      1.   Buffering required. Where a property contains at least 10,000 square feet of area, more than 1,500 square feet of paved area, or any vehicle loading/ unloading areas, buffering shall be installed as required by Table 4.04-2.
         a.   To use this table, identify the applicant’s zone district and proposed land use across the top of the table, and then read down the appropriate column. Then identify the adjacent property zoning and use along the horizontal lines. The box at the intersection of the column representing the applicant’s proposal and the adjacent property zone and use identifies the screening and buffering requirement for the applicant.
         b.   Transitional screening shall not be required for community gardens.
TABLE 4.04-2
TRANSITIONAL BUFFERING AND SCREENING
APPLICANT’S ZONE AND USE
R-A, R-E, OR R-1 ZONE
OTHER RESID. ZONE
MIXE D-USE ZONE
SPECIAL PURPOSE ZONE
TABLE 4.04-2
TRANSITIONAL BUFFERING AND SCREENING
APPLICANT’S ZONE AND USE
R-A, R-E, OR R-1 ZONE
OTHER RESID. ZONE
MIXE D-USE ZONE
SPECIAL PURPOSE ZONE
Adjacent District & Use 
Adjacent Zone District
Structure Type
Res.
Non- Res.
Res.
Non- Res.
All
Other 1-2 Stories
Other 3+ Stories
Industri al
R-A, R-E, R-1
Residential
0
1
1
2
2
2
3
3
Non-Residential
1
0
1
1
1
2
3
Other Resid. Zone
Residential
1
1
0
2
2
2
3
3
Non-Residential
2
0
2
0
1
1
3
Mixed-Use Zone
All
2
1
1
1
0
1
2
3
Special Purpose Zone
Other 1-2 Stories
2
1
2
1
1
0
0
3
Other 3+ Stories
3
2
3
2
2
0
0
3
Industrial
3
3
3
3
3
3
3
0
Level 0 does not require a landscape buffer or screen.
Level 1 requires a 4-foot wide landscape buffer and a 6-foot tall screening device.
Level 2 requires a 6-foot wide landscape buffer and a 6-foot tall screening device.
Level 3 requires a 6-foot wide landscape buffer and a 8-foot tall screening device.
 
      2.   Location and design.
         a.   Landscape buffer.
            i.   The required landscape buffer shall be installed on the applicant’s side of the screening device.
            ii.   The landscape buffer shall include the following plant mix:
               (A)   One tree with a minimum 24-inch container size for each 200 square feet of buffer area, and
               (B)   Three shrubs of minimum 5 gallon size for each 200 square feet of buffer area.
         b.   Screening device.
            i.   The screen shall be located along the property line of the applicant’s lot, and shall not extend into the established setback of the adjoining lot.
            ii.   The screen shall be designed to achieve at least 80% opacity and shall be constructed of wood, masonry, brick, stone, wrought iron, compact hedging, an earth berm, or some combination of those materials. Chain link fencing is prohibited.
            iii.   The combined height of the screening methods in this division F.2.b. and division F.2.a. above shall not be less than 6 feet.
   G.   Screening.
      1.   Fences, walls, and hedges. Fences, walls, and hedges are permitted in any required setback yard or along the edge of any yard in accordance with the following standards, except as provided under § 14.04.03D., relating to corner lots.
         a.   Height.
TABLE 4.04-4
MAXIMUM ALLOWED FENCE, WALL, AND HEDGE HEIGHTS
LOCATION
HEIGHT (FT.) (MAX.)
TABLE 4.04-4
MAXIMUM ALLOWED FENCE, WALL, AND HEDGE HEIGHTS
LOCATION
HEIGHT (FT.) (MAX.)
Front yard
5 ft.
Side yard
   Street
5 ft.
   Interior
6 ft.
Rear yard
6 ft.
On top of a retaining wall
   Front yard
5 ft.
   All other yards
6 ft.
 
         b.   Articulation and design.
            i.   No wall or fence facing a collector or arterial street or adjacent to an interstate highway shall extend continuously for more than 100 feet without articulation as described below.
            ii.   No wall or fence facing any other type of public street shall extend continuously more than 50 feet without at least the following types of articulation:
               (A)   The use of columns or pilasters; or
               (B)   Changes in material or texture; or
               (C)   Offsets in alignments (projections or recessions) or at least 1 horizontal foot; or
               (D)   The installation of similar features approved by the Zoning Administrator as creating at least the same degree of visual variation to passing drivers, bicyclists, and pedestrians.
            iii.   Fences, walls, and hedges may be placed up to the property line, and any outstanding posts or supporting rails shall face inward toward the property being fenced.
         c.   Wall and fence materials. Walls and fences shall be designed to reflect and enhance the surrounding built and natural environment and shall be constructed with any 1 or more of the following materials:
            i.   Integrally-colored, split-face, or ground-face concrete masonry units (CMU);
            ii.   Concrete masonry units that have been painted, stuccoed, or faced with another permitted material;
            iii.   Stone (natural or simulated);
            iv.   Brick;
            v.   Wrought-iron or other decorative metal; or
            vi.   Wood (painted or stained); or
            vii.   Compact hedging.
      2.   Screening; mechanical equipment.
         a.   Applicability. The standards of this section shall apply to all electrical and gas-powered mechanical equipment, ductwork and major plumbing lines used to heat, cool, or ventilate; and power systems for the building or site upon which the equipment is located. However, these standards shall not apply to roof and/or wall-mounted antennas and vent openings, ground or roof mounted solar, wind, or geothermal energy devices, rain barrels, composting equipment, or franchise utility boxes.
         b.   Single and 2-family screening.
            i.   Roof-mounted mechanical equipment, except solar energy systems and air conditioning units, is prohibited on single-family and 2-family residential dwellings.
            ii.   On residential lots, ground mounted mechanical equipment shall be located behind the building line of the house and screened from public view by a screening device, or landscaping.
         c.   Multi-family, mixed-use, commercial, and industrial screening. For all developments other than single-family detached, single-family attached, or 2-family residential, mechanical equipment shall be screened in accordance with the following standards:
            i.   Roof-mounted mechanical equipment shall be screened by a parapet wall or similar feature that is an integral part of the building’s architectural design. The parapet wall or similar feature shall be of a height equal to or greater than the height of the mechanical equipment being screened.
            ii.   Ground-mounted mechanical equipment shall be screened from view by landscaping or by a decorative wall that is compatible with the architecture and landscaping of the development site. The wall shall be of a height at least equal to or greater than the height of the mechanical equipment being screened.
      3.   Screening of service, loading, and storage areas. For all developments other than single-family detached, single-family attached, or 2-family residential, outside service, loading, and storage areas shall be buffered from adjacent properties in accordance with division F. above and located and screened as follows:
         a.   Placement.
            i.   All service areas shall be placed at the rear, on the side of, or inside buildings.
            ii.   No service area shall be visible from a public right-of-way or from adjacent residential areas.
            iii.   Service areas and access drives shall be located so they do not interfere with the normal activities of building occupants or visitors on driveways, walkways, in parking areas, or at entries.
         b.   Outside storage areas and loading docks. All storage areas, service areas, and loading docks not screened by an intervening building shall be screened from view from any public street right-of-way in accordance with the following standards. These standards are in addition to any property edge buffer requirements identified in Table 4.04-2.
            i.   The screen shall be constructed of wood, masonry, brick, stone, wrought iron, compact hedging, an earth berm, or some combination of those materials, in conjunction with trees and other landscaping; and/or landscaping that shall block all views of the equipment. Chain link fencing is prohibited except as follows:
               (A)   Gates may be sight obscured with chain link or wrought iron with plastic lath or netting and shall be compatible color to adjacent screen walls.
               (B)   Chain link or wrought iron sight obscured with plastic lath or netting may be used as screening on LI District or I District zoned property.
            ii.   The screen shall be 100% opaque if the service or storage area is adjacent to a residential land use and 60% opaque in all other instances.
            iii.   Screening shall be a minimum height of 6 feet to screen truck berths, loading docks, areas designated for permanent parking, or storage of heavy vehicles and equipment or materials. Landscaping used for screening purposes shall be 6 feet in height within 18 months of planting.
            iv.   Screening shall be long enough to screen the maximum size trailer that can be accommodated on site.
         c.   Refuse enclosure and screening. All refuse facilities, including new refuse facilities placed on an existing developed site, shall be designed and installed in accordance with the following:
            i.   The refuse enclosure shall be large enough to accommodate both a trash dumpster and a recycling dumpster, and shall meet the requirements of Figure 4.04-5.
            ii.   The refuse enclosure shall be completely screened from view of public streets and adjoining nonindustrial zoned property by meeting the requirements of other sections of this Code.
            iii.   The refuse enclosure shall meet the standards shown on the illustration below.
 
Figure 4.04-5: Typical Double Container Trash Enclosure with Gates
      4.    Screening of parking areas. For all development other than 1 single-family or 1 2-f amily residential project, parking spaces facing a right-of-way shall be screened by a minimum 3-foot tall screen using materials described in § 14.04.04.G.1.c.
   H.   Alternatives and adjustments.
      1.   The Zoning Administrator may approve alternative types or designs of landscaping, buffering and screening requirements, unless specifically prohibited for that type of property, building, or use in this Code, if the Zoning Administrator determines that the alternatives provide at least equivalent quality, visual appeal, screening and cooling, effectiveness, durability, hardiness, and performance to the specific requirements of divisions A. through G. above.
      2.   Where the requirements of this section are applied to a redevelopment or reconstruction project, rather than a new development, the Zoning Administrator may authorize a reduction of minimum off-street parking requirements established in § 14.04.02C., by up to 10%, if necessary to accommodate street frontage landscaping required by division D. above or the parking area landscaping required by division E. above.
      3.   The Zoning Administrator may modify the property edge buffering standards of division F. and/or the fence, wall, and edge standards of division G.1. above by up to 10% (increase or decrease in width and height) if necessary to provide adequate buffering of impacts or to respond to specific site conditions.
      4.   The Zoning Administrator may modify the property edge buffering standards of division F. above and/or the fence, wall, and hedge standards of division G.1. above by more than 10% if the Zoning Administrator determines that the design, height, location of uses, massing, and landscaping of the applicant’s project mitigates potential adverse impacts on surrounding properties.
      5.   The Zoning Administrator may modify the mechanical equipment screening standards of division G.2. above, which may include but shall not be limited to increased landscaping, grouping the equipment on specific portions of a site, and painting or otherwise camouflaging the equipment, if the Zoning Administrator determines that the alternative will provide equal or better buffering of the equipment from public view.
(Ord. 24-1323, passed 1-9-2024; Ord. 18-1203, passed 8-14-2018; Ord. 17-1188, § 1, passed 11-14-2017; Ord. 16-1153, passed 6-14-16; Ord. 16-1141, passed 2-23-2016)
§ 14.04.05 EXTERIOR LIGHTING.
   A.   Applicability.
      1.   General. All exterior lighting for all development shall comply with the standards of this section, unless excepted in division A.2. below.
      2.   Exceptions. The following types of lighting are not subject to the requirements of this section:
         a.   Public street and right-of-way lighting.
         b.   Temporary decorative seasonal lighting.
         c.   Temporary lighting for emergency or nighttime work and construction.
         d.   Temporary lighting for theatrical, television, and performance areas, or for special public events.
         e.   Lighting for a special district, street, structure, or building that, according to an adopted city plan or ordinance, is determined to require special lighting aesthetics as part of its physical character.
         f.   Lighting required and regulated by the Federal Aviation Administration.
         g.   Lighting for outdoor recreational uses such as ball diamonds, playing fields, tennis courts, and similar uses, provided that, light poles are not more than 80 feet tall, maximum illumination at the property line is not brighter than 2 footcandles, and exterior lighting is extinguished no later than 11:00 p.m.
   B.   Operational standards.
      1.   Outdoor public or private facility uses that are normally expected to cease operation by midnight shall not be illuminated after midnight unless allowed by other provisions.
      2.    Directly illuminated building accent lighting consisting of strings of individual lamps or bulbs along building corners, roof edges, window openings, and other external architectural elements is prohibited, except:
            a.   Holiday lighting during November and December; and
            b.   Integrated architectural use of neon lighting in compliance with division C.3. below.
      3.   The provisions of division B.1. and B.2. above do not apply to:
            a.   Illumination of 375 lumens or less; equivalent to 25 watt incandescent bulbs or 7 watt compact fluorescent bulbs; and
            b.   Outdoor on-site or business advertising signs of the type constructed with translucent materials and wholly illuminated from within.
      4.   Outdoor lighting deemed to be a hazard to public health and safety by the Zoning Administrator, regardless of the date of installation, shall be immediately modified or eliminated to establish a safe condition.
   C.   Design and illumination standards. All lighting subject to this section shall be designed and illuminated in accordance with the following standards, unless specifically excepted or modified by the Zoning Administrator based on site context and community safety considerations.
      1.   Lighting height. The maximum height of light poles, or lighting mounted on the side of a roof or building shall be as follows in Table 4.05-1, unless otherwise provided in § 14.04.06.
 
TABLE 4.05-1
MAXIMUM HEIGHT OF LIGHT POLES
DISTRICT OR USE
HEIGHT (FT.)
Residential districts, MU-N, MU-UMS, MU-CRW, MU-G, MU-SGD, C-CHD, and Special Purpose Districts (except LI and I)
20
LI and I
50
 
      2.   Light shielding.
         a.   Any light source or lamp that emits more than 375 lumens (25 watt incandescent or 7 watt compact fluorescent) shall be concealed or shielded with an Illuminations Engineering Society of North America (IESNA) full cut-off style fixture with an angle not exceeding 90 degrees to minimize the potential for glare and unnecessary diffusion on adjacent property. Figures 4.05-1 and 4.05-2 illustrate examples of shielded fixtures and Figures 4.05-3 and 4.05-4 illustrate light trespass.
 
   Figure 4.05-1 (Light Shielding Illustration): Fully shielded
 
   Figure 4.05-2 (Light Shielding Illustration): Not fully shielded
 
   Figure 4.05-3 (Light Trespass Illustration): Does not comply – Light trespass
 
   Figure 4.05-4 (Light Trespass Illustration): Complies – No light trespass
         b.   Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right-of-way. Wall mounted lights shall be directed downward. Soffit or canopy mounted light fixtures shall be recessed in the soffit or otherwise fully shielded.
         c.   Lighting on automobile service station, convenience store, and other outdoor canopies shall not protrude downward beyond the ceiling of the canopy.
      3.   Neon lighting. Neon lighting as building accent lighting may be approved in compliance with the following criteria:
         a.   Neon lighting may be used to accent architectural building elements, except that vertical bands may not be used along building corners.
         b.   Neon lighting shall be a minimum of 6 inches below the top of the parapet or roof eave line and shall not be on top of the parapet or above the eave or along roof hips and/or ridge lines.
         c.   Neon lighting shall only be used on building elevations facing residential zoning districts where a public right-of-way of at least 70 feet in width buffers the residential district from the property containing the neon lighting.
         d.   Neon lighting shall not be used with reflective backgrounds that intensify the emitted light.
         e.   Neon lighting shall be kept in good repair at all times.
(Ord. 16-1153, passed 6-14-2016; Ord. 16-1141, passed 2-23-2016; Ord. 16-1142, passed 9-13-2016)
§ 14.04.06 NEIGHBORHOOD PROTECTION STANDARDS.
   A.   Intent. This section is intended to preserve the residential neighborhood character of established homes within multi-family districts and adjacent to mixed use or special zoning districts.
   B.   Applicability.
      1.   These standards apply to:
         a.   All lots in the R-3 and R-M Districts that contain a principal use other than a single- or 2-family dwelling; and
         b.   All lots located in any zoning district other than the R-A, R-E, R-1, and R-2 Districts that share a side or rear lot line with a lot in the R-A, R-E, R-1, and R-2 Districts containing a single- or 2-family dwelling.
      2.   If any of these standards conflict with the dimensional standards in § 14.04.01, intended for neighborhood protection, the stricter standard shall apply.
   C.   Building height. Buildings constructed after the effective date of this Code with a height greater than 30 feet shall reduce the perceived height of the building when viewed from adjacent lots by using at least 1 of the following techniques.
      1.   “Stepping down” building height of any portion of the building within 100 feet of the side and rear lot lines to a maximum of 30 feet, unless the dimensional standards of § 14.04.01 require stepping down to a lower height.
      2.   Increasing the side yard and rear yard setbacks a minimum of 10 feet beyond that otherwise required in the zone district where the property is located.
   D.   Screening and buffering.
      1.   The standards of § 14.04.04F. apply.
      2.   When the standards of that section require the construction of a wall or fence, the following applies:
         a.   If the applicant’s property is in the R-3 or R-M Districts, the required landscaping shall be installed on the side of the fence or wall facing towards the adjacent lot with a single- or 2- family dwelling; and
         b.   If the applicant’s property is in any other district except the R-A, R-E, R-1, R-2, or RMH Districts, the required landscaping shall be installed on the side of the fence or wall facing towards the R-A, R-E, R-1, R-2, or RMH Districts.
   E.   Parking, loading, and circulation.
      1.   No parking area, drive-through lane, or vehicle circulation driveway shall be located between a primary structure on a lot containing a use other than a single- or 2-family use and any side property line abutting a lot containing a single- or 2-family dwelling.
      2.   If the context of a site makes division E.1. above impractical, the Zoning Administrator may approve a parking lot design that locates a parking area, drive-through lane, vehicle circulation driveway, or a combination of these 3 site planning elements, in the area described in division E.1. above, provided all of those 3 site planning elements are located at least 6 feet from an adjacent lot containing a single- or 2-family dwelling.
   F.   Lighting height. The maximum height of any lighting pole within 50 feet of the side or rear lot lines of lots subject to this section shall be 20 feet.
(Ord. 16-1141, passed 2-23-2016)
§ 14.04.07 SITE AND BUILDING DESIGN STANDARDS.
   A.   Intent. The intent of this section is to:
      1.   Allow full development of properties consistent with the dimensional and other district specific standards established in Article II and § 14.04.01 while establishing basic requirements for building and site features that will create stable residential neighborhoods, mixed use, commercial, and industrial areas.
      2.   Enhance the public realm.
      3.   Reduce conflicts between existing and new structures.
      4.   Encourage effective development of street frontages and other public elements that enable new projects to add value to existing communities.
      5.   Encourage creative and sustainable design responses to contemporary opportunities.
      6.   Improve the overall design quality of the city through the use of objective standards that can be administered by the Department without the need for individualized design review of projects.
   B.   Site design.
      1.   Applicability. The standards of this division B. apply to all development in the city. The standards of divisions B.3. and B.4. below apply to all new development, redevelopment, and remodels, in any zoning district, except single-family detached, single-family attached, 2-family, co-housing, and live/work residential dwellings.
      2.   Grading and drainage.
         a.   Site grading and drainage system designs shall be in compliance with the adopted city Stormwater Management Plan and approved by the city.
         b.   Exposed graded areas shall be restored with revegetation or inert ground covers.
         c.   No lot may be altered to permit water from any source to flow from that lot to an adjoining lot other than as nature intended unless it is directed to an existing drainage easement.
      3.   Site utilities. On-site utilities that provide direct service to a property shall be installed underground. The developer or owner shall be responsible for complying with this requirement and making the necessary arrangements with the utility companies for installation of necessary facilities, unless the Commission or Council waives this requirement when approving a development project. Appurtenances and associated equipment (not including light or power poles) may be placed aboveground, provided they are not be placed in required front or side yard setbacks and are adequately screened to prevent visibility from the street.
      4.   Site layout. The overall layout of a proposed project site including but not limited to building placement, parking lot and loading areas, driveway access, and circulation patterns shall be designed to not adversely impact existing or future development of surrounding properties and traffic patterns on adjacent streets.
   C.   Building design.
      1.   Applicability.
         a.   The standards of this section apply to all new development in any zone district except:
            i.   Structures in which the principal use is one of the following use categories or subcategories as shown in Permitted Use Table 3-1.
               (A)   Single-family detached and attached residential;
               (B)   Two-family residential;
               (C)   Co-housing dwellings;
               (D)   Live/work dwellings;
               (E)   Open space, park or playground;
               (F)   Public utility facilities;
               (G)   Parking lot (primary use);
               (H)   Community gardens;
               (I)   Heavy commercial services located in the LI and I Districts; and
               (J)   Industrial located in the LI and I Districts.
         b.   A change in the principal use of an existing structure that does not alter the exterior of the structure, or only affects the signage on the exterior of the structure.
         c.   In the case of a conflict between the design standards in this section and design standards applicable to a particular project because of its location in a zoning district listed in §§ 14.02.03 through 14.02.05 with specific standards, an overlay district listed in § 14.02.06, or because of a use-specific standard in § 14.03.03, the provisions of the base or overlay zoning district or use-specific standard shall govern.
      2.   Materials. Materials used in constructing and finishing a structure shall be of high-quality materials, durable under desert climate conditions, that display a similar level of quality and architectural interest as materials used in the design of structures adjacent to the proposed structure. Materials may not create shine or create glare that the Director determines will create a risk to traffic safety. Corrugated metal siding is permitted on structures in commercial zones, but at least 30% of any building façade facing a public street, excluding alleys, shall include alternate materials such as adobe, brick, or stone in the design.
      3.   Colors. The color of exterior building walls and roofs, retaining walls, and accessory structures on a proposed site shall be similar to and reflect (1) the predominant natural colors of the area or (2) the colors used on the built environment adjacent to the proposed development.
      4.   Entries and accessibility.
         a.   Each principal building shall have 1 or more operating entry doors facing and visible from an adjacent public street.
         b.   The location of the building entry shall be emphasized by the use of different materials, wall articulation, or foundation plantings around the entry.
         c.   Building entries and window openings shall be protected and shaded using roof overhangs, building projections or recesses, or other similar design elements.
         d.   All principal entrances of principal buildings shall have direct access to a sidewalk, walkway, or pathway that leads to a public street. Each of these pedestrian connections shall comply with § 14.04.03. If a sidewalk does not currently exist, and there is a sidewalk system in place on either adjacent property with frontage on the same street, sidewalks shall be installed to connect to the existing sidewalk system.
      5.   Wall plane length and articulation. When the primary use of the building is not categorized as Industrial in Table 3-1, each façade greater than 100 feet in length abutting a public street shall incorporate architectural features such as wall plane projections, recesses, or other building material treatments and textures that visually interrupt the wall plane. No uninterrupted length of any façade shall exceed 100 hundred horizontal feet.
(Ord. 24-1333, passed 5-14-2024; Ord. 16-1162, passed 9-13-2016; Ord. 16-1160, passed 9-13-2016; Ord. 16-1153, passed 6-14-2016; Ord. 16-1141, passed 2-23-2016)
§ 14.04.08 SIGN STANDARDS.
   A.   Purpose. This section regulates the use of signs and billboards in the city in order to protect its aesthetic environment, provide standards for communication by means of outdoor graphics, and safeguard the health and safety of its residents.
   B.   Prohibited signs. The following signs are inconsistent with the purposes and standards of this section and are prohibited in all zoning districts unless otherwise indicated:
      1.   Abandoned signs. Signs that advertise a business, lessor, owner, product, service, or activity no longer located on the site are prohibited and shall be removed no later than 90 days after the close of the business service or activity being advertised.
      2.   Animated signs or moving signs. No sign shall be allowed that is animated by means of flashing, scintillating, blinking, or traveling lights or any other means not providing constant illumination. Public service information signs and other electronic message centers classified as “changing signs” are allowed.
      3.   Off-premise signs. Signs that advertise goods, products, entertainment, services, or facilities at a different location from that of the sign shall not be allowed except as identified in Table 4.08-1 under division D. below.
      4.   Parking of advertising vehicles. Vehicle signs attached to or painted on motor vehicles that are parked on property for more than 48 consecutive hours when the principal purpose is to attract attention to a product sold or a business, person, or event shown on the vehicle shall be prohibited.
      5.   Pole signs. Pole signs with exposed poles, masts, or exposed structural supports are prohibited.
      6.   Portable signs. Portable or wheeled signs are prohibited, except for signs allowed on motor vehicles.
      7.   Posters and miscellaneous signs. Tacking, pasting, or otherwise affixing signs of a miscellaneous character on the walls of buildings, barns, sheds, trees, posts, fences, or other structures or objects so as to be visible from a public right-of-way is prohibited unless otherwise allowed by this section.
      8.   Projecting signs. Projecting signs with visible iron frames or structures are prohibited.
      9.   Roof signs. Roof signs shall not be allowed and the painting or changing of existing roof sign panels shall not be allowed.
      10.   Signs in public areas.
         a.   General. Signs shall not be allowed on a curb, sidewalk, post, pole, hydrant, bridge, tree, or other surface located on public property or on/over a public right-of-way.
         b.   Exceptions.
            i.   Signs on benches and trash receptacles may be placed in a public right-of-way in accordance with division D. below.
            ii.   Signs may be located on public property subject to the following criteria and approved by the Commission:
               (A)   The right-of-way width is 200 feet or greater.
               (B)   Signs are set back a minimum of 50 feet from the centerline of a right-of-way.
               (C)   Sign heights do not exceed 12 feet above the adjacent road centerline grade.
               (D)   Only one site per site ingress/egress is permitted.
               (E)   The location of a sign is approved by the city.
               (F)   The owner enters into a hold harmless agreement with the city.
      11.   Swinging signs. Swinging signs that exceed 6 square feet in area are prohibited.
      12.   Temporary signs. Pennants, searchlights, twirling signs, sidewalk or curb signs, balloons, and other gas-filled figures shall not be allowed on a permanent basis except as allowed by division D. below.
      13.   Unclassified signs. Signs exhibiting the following characteristics are prohibited:
         a.   Signs that bear or contain statements, words, or pictures of an obscene, pornographic, immoral character, or that contain advertisements that are untruthful.
         b.   Signs that are painted on or attached to a fence or a wall that is not structurally a part of a building, except in the case of residential properties.
         c.   Signs that employ a slide or motion picture projection or form of media in conjunction with an advertisement, or have a visible moving part, or give the illusion of motion, except as otherwise allowed in this section.
         d.   Signs that emit audible sound, odor, or visible matter.
         e.   Signs that resemble or imitate an official traffic sign or signal, or bear the words “Stop,” “Go Slow,” “Caution,” “Warning,” or similar words.
         f.   Signs that, by reason of their size, location, movement, content or manner of illumination, may be confused with or construed as a traffic control sign, signal, or device, or the light of an emergency or road equipment vehicle, or which hide from view any traffic or street sign or signal device.
   C.   Sign permit required.
      1.   A sign permit is required to raise, construct, enlarge, move, alter, or rebuild a sign, except for signs that do not require a permit in compliance with division D. below.
      2.   An application for a sign permit shall be made in accordance with the procedures identified in § 14.05.04B.
   D.   Signs that do not require a permit.
      1.   Sign permits shall not be required for the signs identified in Table 4.08-1, provided the sign complies with all applicable standards in this section including, but not limited to, any restrictions and conditions related to the exemption in this division D.
      2.   Signs not requiring a permit shall not be included in the determination of the total allowable number of signs or total allowable sign area for a site.
TABLE 4.08-1
SIGNS EXEMPT FROM PERMIT REQUIREMENTS
SIGN TYPE
NUMBER (MAX.)
AREA (SF.)(MAX.)
OTHER CONDITIONS
TABLE 4.08-1
SIGNS EXEMPT FROM PERMIT REQUIREMENTS
SIGN TYPE
NUMBER (MAX.)
AREA (SF.)(MAX.)
OTHER CONDITIONS
Balloons
100
N/A
•   No more than 30 ft. above ground
•   Not on top of a roof
•   Permitted for commercial uses in special purpose and mixed-use zoning districts
•   Shall be no greater than 16 inches in size
•   Permitted Friday - Sunday and on holidays
•   Shall be taken down at night
•   Shall not be cut loose and allowed to float away
•   Shall be inflated with nonflammable gas
Construction signs (except those required by the State Registrar of Contractors)
1/site
32 sf.
•   Shall be erected no more than 30 days prior to the start of construction
•   Shall be removed 30 days after the completion of construction and prior to occupancy
•   Must be on construction site
•   A valid building permit must be obtained for the site
Directional/instructional signs
6 sf.
•   Must be located entirely on respective property
•   No more than 2 per property entrance point
•   No more than 25% of total sign area shall contain words or symbols identifying a business
Flags
•   Shall be a flag exhibiting the emblem or insignia of a nation, political subdivision, or corporation
Government/utility signs relative to public health, safety, and welfare
•   Sign shall be erected by or on the order of a public officer in the performance of his or her public duty
Grand opening sign
1/site
30 sf.
•   Must be removed within 30 days after opening of a new business
House numbers/name plates
2 sf./
residential unit
Interior signs
•   Interior signs are not exempt from the structural, electrical, or material specifications identified in any applicable codes of Mohave County or the State of Arizona
Memorial signs
•   If not an inscription, memorial signs shall be constructed of bronze or another incombustible material
Notice bulletin boards
24 sf.
•   Permitted on the premises of institutional uses identified in Table 3-1 (Permitted Use Table)
No-trespassing or no- dumping signs
4/parcel
1.5 sf./sign
•   Additional signs may be approved by the Zoning Administrator based on anticipated risks or threats to public health and safety
Occupant name or occupation sign
1/ dwelling unit
1 sf.
Permanent window signs
50% of each window area
•   Limited to parcel frontage or tenant space main entrance
•   Not permitted on residential land uses
Plaques/name plates
2.5 sf.
•   Shall be attached directly to building
Public signs
•   May be exempt from other sign requirements, including size, height, illumination, etc., provided the sign complies with the applicable law, order, rule, or regulation
Real estate signs
1/parcel
Residential districts: 6 sf.
Mixed-use and special purpose districts: 16 sf.
•   Shall be removed seven days after the sale, rental, or lease of the property
Signs on park benches
•   If placed in the public right-of-way, donors are limited to service clubs, business associations, or other nonprofit organizations
•   Sign letters shall not exceed 1 inch in height, or
•   Sign logo shall not exceed 12 inches in diameter
Signs on waste receptacles
•   Shall indicate purpose of receptacle and/or name of the donor
•   If placed in the public right-of-way, donors are limited to service clubs, business associations, or other nonprofit organizations
•   Sign letters shall not exceed 1 inch in height, or
•   Sign logo shall not exceed 12 inches in diameter
Neighborhood or tract identification
•   Existing signs, masonry walls, landscaping, or other similar features may be used to display the neighborhood or tract name
Symbols or insignia
4 sf.
•   Limited to religious symbols and emblems, commemorative plaques, or historical event/agency identification
•   Shall be placed flat against a building
Temporary signs
4 sf.
•   Shall pertain to events of civic, philanthropic, educational, or religious organizations
Warning signs
•   Shall warn of public dangers
•   Shall be removed when the danger subsides
Vehicle dealership display lot signage
Single banner:30 sf.
Aggregate banner: 100 sf.
•   Banners shall be allowed on vehicle/watercraft display lot fences and gates, for parcels with a minimum frontage of 250 ft.
Open house directional signs
4/ residence for sale
24 in. x 24 in.
Text area: 3.5 sf.
•   Shall direct traffic to a residence for sale
•   Shall only state “Open House” and include a directional arrow
•   Shall be space a minimum of 100 ft. apart
•   Shall be placed within 1 mi. of the residence for sale
•   Shall only be used during the time of the open house
•   Shall not be illuminated
•   Shall be of durable material, anchored to withstand wind gusts, and maintained in a visually pleasing condition
•   Open house directional signs not meeting all of these bulleted conditions can be removed and discarded without notice.
Garage sale sign
2
4 sf.
•   Permitted during the sale only for a duration of 3 days
•   Shall be freestanding and removed after completion of the sale;
•   Shall not be placed on the street right(s)-of-way;
•   Shall not be larger than 4 square feet; and
•   When placed on private property shall have the owners’ prior permission.
 
   E.   Nonresidential use signs. The provisions of this division E. apply to all non-residential uses of land in all zone districts, except for those located in the MU-UMS (addressed in division G. below), MU-SGD (addressed in division H. below), or along Highway 95 (addressed in division I. below).
      1.   General.
         a.   Design. Signs shall be designed and constructed of a building material compatible with the primary structure(s) on the site.
         b.   Illumination. Illuminated signs shall be internally illuminated or shall be illuminated with the light source completely screened from view and as otherwise required in § 14.04.05.
      2.   Permanent signs. Permanent signs for nonresidential uses shall comply with the standards in Table 4.08-2.
TABLE 4.08-2
PERMANENT SIGN STANDARDS FOR NONRESIDENTIAL AREAS
SIGN TYPE
BUSINESS TYPE
NUMBER OF SIGNS (MAX.)
BASE AREA (SF.)(MAX.)
SIGN AREA
(SF.)(MAX.)
HEIGHT (FT.)(MAX.)
TABLE 4.08-2
PERMANENT SIGN STANDARDS FOR NONRESIDENTIAL AREAS
SIGN TYPE
BUSINESS TYPE
NUMBER OF SIGNS (MAX.)
BASE AREA (SF.)(MAX.)
SIGN AREA
(SF.)(MAX.)
HEIGHT (FT.)(MAX.)
Freestanding
Single business parcel
1/parcel with a frontage of 50 ft. or more
30
1 sf/linear foot (lf) of building frontage for first 50 linear feet, plus
0.5 sf/for each additional 1 lf, up to 200 sf (max.) of aggregate sign area for each lot frontage
8 ft. for parcels with lot frontages between 50 and 100 ft.
15 ft. for parcels with lot frontages of 100 lf or greater
Business with center/complex
 
30
1 sf/linear foot of building frontage for first 50 linear feet of frontage, plus
0.5 sf/for each 1 lf up to 200 sf (max.) of aggregate sign area
(in the case of tenant spaces with more than 1 frontage, only the main entrance frontage shall be considered)
Center/complex
1/each street frontage
500 sf/100 lf of building frontage, plus 0.5 sf/each additional 1 lf up to a maximum sign area of 80 sf
(Area of sign shall be in addition to the total allowed sign area for individual businesses provided above)
 
Business w/alley frontage
 
 
1 sf/lf of building frontage on an alley for first 20 lf, plus 0.5 sf/each additional lf/up to a maximum sign area of 40 sf
Auto, RV, marine dealerships
1/parcel with 50 - 250 lf of frontage
2/parcel with more than 250 lf of frontage
See business parcel standards above
See business parcel standards above
1st sign: 15 ft.
2nd sign: 8 ft.
Freestanding signs, other conditions
•   Businesses within a parcel that contains more than 1 business are not entitled to freestanding signs for individual businesses unless the businesses (a) are on parcels with at least 100 ft. of street frontage, (b) the signs are authorized by a city-approved parking-in-common plan, or (c) the parcel or portion of a parcel containing the business has been excepted from compliance with an approved parking-in-common plan by later action of the Commission.
•   Sign base must be at least 50% as wide as the full sign width
•   Changeable copy and electronic reader board sign area shall not exceed 32 square feet or the allowable sign area, whichever is less.
•   Changeable copy and electronic reader board displays shall remain static for at least 8 seconds.
•   No freestanding sign shall be located closer than 5 ft. to an interior property boundary.
•   No freestanding sign may project into or over an abutting public right-of-way.
•   Address numbers at least 4 inches and no more than 8 inches in height shall be included on all sign structures.
Wall signs
 
 
Same as indicated above for freestanding signs
 
 
Wall sign, other conditions
•   Wall signs are allowed for each parcel having frontage on a public right-of-way.
•   Where a parcel fronts on more than 1 public right-of-way or street, including PIC areas, but excluding alleys and service ways, these provisions shall apply to each frontage.
•   Wall signs may be directly or indirectly illuminated, except for signs on building frontages, on alleys, or parking-in-common areas where signs would be visible from residential uses.
•   Changeable copy and electronic reader board sign area shall not exceed 32 square feet or the allowable sign area, whichever is less.
•   Changeable copy and electronic reader board displays shall remain static for at least 8 seconds.
 
      3.   Temporary signs. Temporary signs for nonresidential uses are shall meet the standards in Table 4.08-3.
 
TABLE 4.08-3
TEMPORARY NONRESIDENTIAL SIGN STANDARDS
SIGN TYPE
PERMIT
NUMBER (MAX.)
SIGN AREA (FT.) (MAX.)
HEIGHT
(FT.) (MAX.)
LOCATION
OTHER CONDITIONS
A-frame
Yes
1
2 ft. x 3 ft.
•   On parcel advertising
•   Not within ROW unless encroachment permit approved
•   Not in parking area
•   Within storefront area of a center/complex
•   Placement shall not interfere with pedestrian walkways
•   Shall be separated by at least 10 ft. in a center/complex
•   Shall be of professional appearance and constructed of durable, weather resistant materials
•   Attachments to the sign are prohibited
•   Display hours shall be from 7:00 a.m. to 9:00 p.m.
 
      3.   Temporary signs. Temporary signs for nonresidential uses are shall meet the standards in Table 4.08-3.
TABLE 4.08-3
TEMPORARY NONRESIDENTIAL SIGN STANDARDS
SIGN TYPE
PERMIT
NUMBER (MAX.)
SIGN AREA (FT.) (MAX.)
HEIGHT
(FT.) (MAX.)
LOCATION
OTHER CONDITIONS
TABLE 4.08-3
TEMPORARY NONRESIDENTIAL SIGN STANDARDS
SIGN TYPE
PERMIT
NUMBER (MAX.)
SIGN AREA (FT.) (MAX.)
HEIGHT
(FT.) (MAX.)
LOCATION
OTHER CONDITIONS
A-frame
Yes
1
2 ft. x 3 ft.
•   On parcel advertising
•   Not within ROW unless encroachment permit approved
•   Not in parking area
•   Within storefront area of a center/complex
•   Placement shall not interfere with pedestrian walkways
•   Shall be separated by at least 10 ft. in a center/complex
•   Shall be of professional appearance and constructed of durable, weather resistant materials
•   Attachments to the sign are prohibited
•   Display hours shall be from 7:00 a.m. to 9:00 p.m.
Banners, outdoor storage areas without primary building
1/adjacent ROW
30 sf.
•   May be attached to a fence
Banners, vertical, teardrop, blade
Yes
1/50 lf of lot frontage adjacent to a ROW, but no more than 2 banners
1/business if in a center/
complex
24 sf.
8 ft.
•   On the parcel of land near to the business advertising
•   Shall be separated by a minimum of 10 ft. from another banner
•   Not in the ROW
•   Shall not interfere with traffic
•   Permitted if other wall banners are not already approved
•   Shall not be illuminated
 
 
Banners, wall
Yes
1% of the ground floor area of the building or 30 sf, whichever is greater, but no larger than 100 sf.
•   Building mounted
•   Not permitted in conjunction with vertical, tear drop, or blade banners
•   Shall remain taut and not move in response to atmospheric changes
Commercial flags
Yes
•   Permitted for commercial uses with approved outdoor sales
Pennants
Yes
1 strand per 15 feet of parcel frontage
•   Permitted for commercial uses with approved outdoor sales
•   May not exceed width of property
 
   F.   Residential use signs. The provisions of this division F. apply to all residential uses of land in all zone districts, except for those located in the MU-UMS (addressed in division G. below), MU-SGD (addressed in division H. below), or along Highway 95 (addressed in division I. below). Table 4.08-4 identifies the specific types of signs allowed to residential uses of land and the standards that apply to that sign type.
TABLE 4.08-4
RESIDENTIAL AREA SIGN STANDARDS
SIGN TYPE
NUMBER
(MAX.)
SIGN AREA
(SF.) (MAX.)
HEIGHT
(FT.) (MAX.)
LOCATION
OTHER CONDITIONS
TABLE 4.08-4
RESIDENTIAL AREA SIGN STANDARDS
SIGN TYPE
NUMBER
(MAX.)
SIGN AREA
(SF.) (MAX.)
HEIGHT
(FT.) (MAX.)
LOCATION
OTHER CONDITIONS
Identification Sign
Multi-family dwellings
1
20 sf.
Building wall
•   Shall only identify the building name and address
•   Shall be indirectly or not illuminated
Manufacture d home parks
1
30 sf. if parallel to ROW
15 sf. if perpendicular to ROW
•   Sign may be lit or unlit
Model home signs (no model home sign may be illuminated)
Freestanding
1/parcel frontage
24 sf. combined total for all frontages
8 ft.
•   1 additional removable sign with a maximum areas of 3 sf. identifying the premises as “open” or “closed” and/or hours of operation shall be allowed as an attachment to the principal freestanding sign
Flag
2
3 ft. x 5 ft.
15 ft.
Temporary
Banners: 30 sf.
Pennants: 3 strands
Front yard behind the required setback
•   Permitted for grand openings for a maximum of 45 consecutive days
•   Banners are permitted for up to 4 events/year
•   Sign permits shall be required for each calendar year
•   Signs shall be maintained in good condition
 
   G.   MU – UMS District sign standards. Table 4.08-5 sets forth standards for business signs permitted in the UMS – MU District. Where the standards of this division G. conflict with other standards in this section, the standards of this division G. shall apply.
TABLE 4.08-5
MU-UMS SIGN STANDARDS
SIGN TYPE
NUMBER
(MAX.)
SIGN AREA
(SF.) (MAX.)
HEIGHT
(FT.) (MAX.)
LOCATION [1]
OTHER CONDITIONS
TABLE 4.08-5
MU-UMS SIGN STANDARDS
SIGN TYPE
NUMBER
(MAX.)
SIGN AREA
(SF.) (MAX.)
HEIGHT
(FT.) (MAX.)
LOCATION [1]
OTHER CONDITIONS
Building mounted
•   2/frontage
•   If 2 or more frontages, 3 signs (max.)
Shall comply with Table 4.08-2 above.
•   12 ft. from sidewalk level, or
•   Below the cornice line of building
Awning/
canopy
•   May be used in addition to wall signs
•   Shall only be allowed at ground level and on the portion of the building occupied by the business
Projecting/
hanging
1
10 sf.
•   8 ft. (min.)
•   See building mounted for max.
•   Perpendicular to building face or corner
•   Shall hang at least 6 inches away from building wall
•   Shall extend no further than 6 feet from building wall
•   May be used in addition to wall signs
Wall Mounted
Building identification
1
24 sf.
•   On second level
•   Centered along horizontal plane of building
•   Allowed for buildings exceeding 1 level
Directory
6 sf.
•   Adjacent to sidewalk level door or entry
•   8 ft. from ground level (max.)
•   Shall not include any advertisements
Fronting on a pedestrian walkway
6 sf.
•   8 ft. from ground level (max.)
•   Shall only be located on portion of building occupied by the business that fronts a pedestrian walkway
Portable (limited to A-frame)
Single business: 1 sign
Center/comple x: 1 per 25 ft. of building frontage, up to a max. of 4 signs
9 sf. per face
4 ft.
•   Must be located in front of property to which sign applies
•   10 ft. min. spacing between portable signs
•   Must maintain min. clear pedestrian walkway of 4 ft.
•   May not obstruct access points or features required by ADA
•   Must be constructed of durable, weather resistant materials
•   Must be of sufficient weight or anchored to withstand wind gusts.
•   May not include attachments such as flags or ribbons.
•   May be removed when business not open.
 
   H.   C-SGD District sign standards. In the C-SGD District, signs shall comply with the provisions of this section, unless otherwise provided in this division H.
      1.   Wall signs. No wall signs shall be allowed facing any adjacent residential zoning district except for 1 business identification sign per development, not to exceed 6 square feet in area per development.
      2.   Monument signs.
         a.   In addition to the sign area allowed in Table 4.08-2 (Nonresidential Sign Standards), each development shall be allowed one additional monument sign measuring up to 24 square feet located in the front landscape buffer parallel to the front right-of-way.
         b.   The sign shall not exceed 4 feet in height and shall not extend beyond the front property line.
         c.   The sign shall be designed using one of the options shown in Figure 4.08-2 below.
         d.   The property shall comply with § 14.04.04 prior to the monument sign approval.
 
   I.   Highway 95 sign standards. A freestanding sign is permitted on parcels with commercial and industrial land uses along Highway 95 from Lake Drive to the northern city limits in compliance with the standards in Table 4.08-6.
 
TABLE 4.08-6
HIGHWAY 95 SIGN STANDARDS
SIGN TYPE
NUMBER
(MAX.)
SIGN AREA
(SF.) (MAX.)
HEIGHT
(FT.) (MAX.)
LOCATION [1]
OTHER CONDITIONS
Freestanding sign
1/parcel with at least 200 lf of frontage along Highway 95
250 sq. ft. (this area counts towards the business’ overall aggregate sign area)
•   30 ft. above the highest centerline elevation of the 2 lane portion of HWY 95 adjacent to the property
•   Shall be on the intended property
•   Setback at least 5 ft. from any property line
•   Cannot overhand into ROW
•   Sign base must be architecturally enhanced
•   Base must be at least 40% as wide as the full sign width
 
   J.   Political signs.
      1.   Political signs shall be allowed in all zoning districts in accordance with the following:
         a.    Filing. Any person or organization planning to erect political signs relating to a candidate or issue on the ballot of a primary, general, or special election shall first file with the City Clerk the name, address, and telephone number of a person who shall be responsible for the proper erection and timely removal of the signs.
         b.    Duration. Signs shall not be erected any earlier than 71 days prior to a primary election and shall be removed within 15 days after a general election, except for a sign for a candidate in a special election or primary election who does not advance to a general election, the period ends 15 days after the primary or special election.
         c.    Additional conditions. The sign shall support or oppose a candidate for public office, or support or oppose a ballot measure. The sign shall contain the name and telephone number of the candidate or campaign committee contact person.
         d.    Size. Signs located in an area zoned for residential use shall have a maximum area of 16 square feet. Signs located in any other area shall have a maximum area of 32 square feet.
         e.    Sign free area. Notwithstanding other provisions of this Code, political signs may be placed within the public right-of-way, except in the commercial tourism, commercial resort, and hotel sign free zone designated by the city pursuant to A.R.S. § 16-1019F. and illustrated in Figure 4.08-3.
         f.    Location. Signs shall not be erected on public property, utility poles, railings, or similar devices, medians, or in a location that is hazardous to public safety, obstructs clear vision in the area, or interferes with the requirements of the Americans with Disabilities Act. Signs may be erected on a lot or property with permission from the legal property owner.
         g.    Removal. The person or organization who erects the signs is responsible for compliance with the city and state regulations, on-going maintenance, and removal of the political signs and any sign supports.
         h.    Violation. If the placement location of a political sign constitutes an emergency, the city may immediately relocate the sign. The city shall notify the candidate or campaign committee that placed the sign within 24 hours after the relocation. For all other violations, the city shall notify the candidate or campaign committee that placed the sign of the violation. Signs that remain in violation at least 24 hours after the city notified the candidate or campaign committee, the city may remove the sign. The city shall contact the candidate or campaign committee and shall retain the sign for at least 10 business days to allow the candidate or campaign committee to retrieve the sign.
Figure 4.08-3: Political Sign Free Zone
 
Figure 4.08-3: Political Sign Free Zone
(Ord. 22-1296, passed 10-25-2022; Ord. 22-1285, passed 4-12-2022; Ord. 16-1141, passed 2-23-2016)
§ 14.04.09 OPERATION AND MAINTENANCE STANDARDS.
   A.   Maintenance standards.
      1.   General. When the standards and procedures of this Code or by conditions attached to any permit, development approval, or variance require that any building or site feature be constructed or installed, the property owner is responsible for maintaining those building or site features in good repair, and for replacing them if they are damaged or destroyed or, in the case of living materials, if they die after installation. In addition, property owners shall be responsible for each of the additional maintenance, replacement, and operating standards set forth in this section.
      2.   Landscape maintenance. Landscaping shall be maintained in an orderly and healthy condition. This shall include regular pruning, mowing of turf, weeding, removal of litter, fertilizing, replacement of plants when necessary, and application of appropriate quantities of water to all landscaped areas. Maintenance practices shall include performing routine irrigation system repair and adjustments, scheduling irrigation, using moisture-sensing or rain shut-off devices, conducting water audits, and prescribing the amount of water to be applied per landscaped area.
      3.   Access and circulation maintenance. Required ingress, egress, and circulation improvements shall be kept clean and in good repair.
      4.   Parking and loading area maintenance. Parking and loading areas shall be kept clean and in good repair at all times. Breaks in paved surfaces shall be repaired promptly, and broken or splintered wheel stops shall be replaced so that their function will not be impaired. Painted parking space boundaries, handicap designations, and directional symbols shall be maintained so as to be easily distinguishable.
      5.   Trash facilities maintenance. It shall be the responsibility of the property owner to ensure that the immediate surroundings and the floor of trash/recyclable material enclosures are kept clean and free of debris, that the enclosure gates have operable latches, that the enclosure gates remain closed, and that the container lids remain closed at all times except during periods of actual use. Trash to be collected may be placed at the street right-of-way line on the assigned collection day for a period not to exceed 12 hours.
      6.   Sign maintenance.
         a.   General. Signs shall be maintained by the owner or person in possession of the property on which the sign is located in conformance with the conditions of the sign permit.
         b.   Damaged signs. A damaged sign base shall be repaired within 60 days. If the Zoning Administrator determines that a damaged sign may pose a hazard to public safety, it shall be repaired or removed immediately.
         c.   Pole covers and sign cabinets. Internally illuminated sign cabinets or sign panels that have been damaged shall not be illuminated until repaired.
      7.   Easement maintenance. An easement area shall be maintained by the property owner, except for those improvements for which a public authority or utility company is responsible.
   B.   Operating standards. All structures, uses, and activities in all zone districts shall be used or occupied so as to avoid creating any dangerous, injurious, noxious or otherwise objectionable condition that would create
adverse impacts on the residents, employees, or visitors on the property itself or on neighboring properties. Uses and activities that operate in violation of applicable state or federal statutes or this Code are presumed to be a violation of this division B. Property owner responsibilities under this section shall include but shall not be limited to the following:
      1.   Glare. Direct or reflected glare, including glare from exterior lighting, shall not be visible at the property line.
      2.   Noise. All activities shall comply with Chapter 9.30 of the City Code.
      3.   Odors. All activities shall comply with state statutes and regulations. No operation shall cause or allow the emission of any odorous air contaminant that is a nuisance, hazard or exceeds applicable federal or state regulations. Detailed plans for the prevention of odors crossing property lines may be required before the issuance of a development or building permit.
      4.   Smoke. All activities shall comply with state statutes and regulations. No operation shall discharged into the atmosphere any contaminant for which threshold limit values are listed for working atmosphere by the American Conference of Governmental Industrial Hygienists in such quantity that the concentration of the contaminant at ground level at any point beyond the boundary of the property shall at any time exceed the threshold limit established by such conference or by any state or federal law or regulation. Visible emissions of any kind at ground level past the lot line of the property on which the source of the emissions is located are prohibited.
      5.   Vibration. No use or activity shall cause inherent and recurring generated vibration perceptible without instruments at any point along the property line. Temporary construction is excluded from this restriction.
      6.   Hazardous materials. All uses and activities shall comply with state statutes and regulations regarding the use, storage, handling, and transportation of flammable liquids, liquefied petroleum, gases, explosives, hazardous materials, hazardous wastes, toxic materials and solid wastes, as those terms are defined by applicable statutes, rules, regulations, or ordinances.
      7.   Materials and waste handling. All materials or wastes that might cause fumes or dust or that constitute a fire hazard or that may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors only in closed, impermeable trash containers that are screened in accordance with the requirements of this Development Code. Lubrication and fuel substances shall be prevented from leaking and/or draining onto the ground. All sewage and industrial wastes shall be treated and disposed of in compliance with the water quality standards applicable of the state and federal government.
      8.    Electromagnetic radiation. No use or activity shall create or operate an intentional source of electromagnetic radiation that does not comply with the then current regulations of the Federal Communications Commission regarding that type of electromagnetic radiation source. In case of governmental communications facilities, governmental agencies, and government owned plants, the regulations of the interdepartmental Radio Advisory Committee shall take precedence over the regulations of the Federal Communications Commission, regarding such sources of electromagnetic radiation.
      9.   Nuisance prohibited. All structures and land uses within the city shall be constructed, used, operated, and maintained in such a manner so as to be free of nuisances.
(Ord. 21-1251, passed 2-23-2021; Ord. 16-1153, passed 6-14-2016; Ord. 16-1141, passed 2-23-2016; Ord. 16-1160, passed 9-13-2016)
ARTICLE V: PROCEDURES AND ENFORCEMENT
§ 14.05.01 REVIEWERS AND DECISION-MAKING BODIES.
   This Development Code shall be administered by the Lake Havasu City Council, Planning and Zoning Commission, the Community Investment Department, the Community Investment Department Director, and the Zoning Administrator, and in compliance with state law (A.R.S. § 9-461), which shall collectively perform the functions of the Planning Agency in Lake Havasu City. This section describes the authority and responsibilities of each of these bodies in the administration of this Development Code. Each reference to an individual or officer of the city includes any duly authorized representatives of the named individual or officer.
   A.   City Council. The City Council (the “Council”), in matters related to the city’s planning process, shall perform the duties and functions identified in this Development Code, in compliance with state law (A.R.S. § 9-462.01) including but not limited to considering and making decisions on:
      1.   General Plan amendments under § 14.05.04A.;
      2.   Development Code amendments under § 14.05.04K.;
      3.   Zoning Map amendments under § 14.05.04K.;
      4.   Planned Development general development plans under § 14.05.04L.;
      5.   Appeals of Commission decisions under § 14.05.03O.6.; and
      6.   Abandonment of easements under § 14.05.04J.
   B.   Planning and Zoning Commission.
      1.   Establishment. The Planning and Zoning Commission, (the “Commission”) is established in compliance with state law (A.R.S. § 9-461.02).
      2.    Appointment. The Commission shall be comprised of 7 regular members and 3 alternate members appointed by the Mayor and Council. All Commission members/alternates shall be residents of the city and serve without compensation.
      3.   Membership terms.
         a.   Members. The terms of office of the members of the Commission shall be for 3 years unless sooner removed by the Council for good cause shown.
         b.   Alternates. The terms of office of the alternates of the Commission shall be for 2 years unless sooner removed by the Council.
         c.   Commencement date. All terms of office shall commence on July 1 in the year of appointment.
         d.   Vacancies. If a vacancy should occur the vacancy shall be filled by appointment, by Council, for the unexpired portion of the term of the vacancy.
         e.   Serve until replaced. Members and alternates shall serve until their successor is appointed and qualified.
         f.   Staggering of terms. The terms of office shall be staggered.
      4.   Meetings and proceedings.
         a.   Meetings. The regular meetings of the commission shall be held every first and third Wednesday of the month commencing at 9:00 a.m., unless properly noticed otherwise, with the location to be announced in the public notice.
         b.   Commission minutes. The minutes of the Commission shall be open to the public. The minutes of proceedings, showing the vote of each member and the records of its examination, evidence, findings, and other official actions, shall be kept and filed in the office of the Director as a public record.
         c.   Commission secretary. The Community Investment Department staff shall serve ex-officio as the secretary of the Commission, shall record all actions, shall provide written communications to the applicants, but shall have no vote.
         d.   Quorum. A quorum necessary for the transaction of business shall consist of 4 members.
         e.   Organization. The Commission shall elect its chairperson and vice chairperson from among its appointed members for a term of 12 months, who shall have the power to administer oaths and take evidence.
      5.   Authority and duties. The Commission shall have the authority to perform the duties and functions identified in this Development Code and by state law (A.R.S. §§ 9-461.02 et seq.) The Commission shall:
         a.   Engage in those planning activities authorized by state law, including the development and maintenance of the General Plan stating the city’s goals and development policies for all of the mandatory elements.
         b.   Assist the Council with anticipating and guiding future development and change by preparing and recommending on Capital Improvement Plans, ordinances, plans, regulations, reports, studies, and other documents for formal consideration and adoption by the Council.
         c.   Conduct hearings and other activities as identified in this Development Code.
         d.   Maintain the standards of architecture and site design in compliance with § 14.05.04H.
         e.   Hear and decide or recommend on requests for the following:
            i.   Whether to approve, conditionally approve, or disapprove concept Development Plans, conditional use permits, parking-in-common plans, and preliminary subdivision plats, and impose conditions determined to be reasonable and necessary to fully carry out the purpose, intent, and provisions of this Development Code;
            ii.   Make recommendations to the Council on amendments to this Development Code, the General Plan and any specific plan, or the Zoning Map; and
            iii.   Hear appeals of decisions or determinations made by the Director.
         f.   Sit as Administrative Hearing Officer in compliance with division F.2. below.
      6.   Limits of responsibility. The Commission may not:
         a.   Obligate the city for any fees, materials, or services without the prior approval of the City Manager;
         b.   Deviate from any applicable city ordinances or state and federal laws in the execution of its duties and responsibilities; and
         c.   Fail to fully comply with state law (A.R.S. §§ 38-501 et seq.) dealing with conflict of interest matters.
   C.   Board of Adjustment (BOA).
      1.   Establishment. The Board of Adjustment (the “BOA”) is hereby established in compliance with state law (A.R.S. § 9-462.06). All members of the BOA must be residents of the city, must be at least 18 years of age, and shall serve without compensation.
      2.   Appointment.
         a.   The BOA shall be comprised of seven regular members appointed by the Mayor and City Council.
         b.   The Mayor and City Council shall also appoint 3 alternate members who may be called by the chairperson to serve in place of a regular member who is unable to attend the proceedings for the purpose of obtaining a quorum.
      3.   Terms of office. The terms of office of the members of the BOA shall be for 3 years, and the terms of office for alternates shall be 2 years, unless sooner removed by the Council for good cause shown.
         a.   If a vacancy should occur, other than by expiration, the vacancy shall be filled by the approval of the Mayor and Council, by appointment for the unexpired portion of the term of the vacancy.
         b.   If any member misses 4 regular meetings within the fiscal year without prior notification to the Chairman or the BOA Secretary, the member shall be deemed as resigned.
         c.   Serve until replaced. Members and alternates shall serve until their successor is appointed and qualified.
         d.   Staggering of terms. The terms of office shall be staggered.
      4.   Meetings and proceedings.
         a.   Organization. At the first scheduled meeting each June, the BOA shall elect its chairperson and vice chairperson from among its appointed members for a term of 12 months commencing July 1. The chairperson has the power to administer oaths and take evidence. Chairpersons and vice-chairpersons are eligible for reappointment. Vacancies in the office of chairperson or vice chairperson shall be filled for the unexpired term by a new election at any regular or properly scheduled meeting of the BOA. A 1-year minimum in serving on the BOA is necessary before a member is eligible for nomination as chairperson or vice chairperson.
         b.   Meetings. Regular meetings of the BOA shall be held on the second and fourth Wednesday of each month at 9:00 a.m., unless properly noticed otherwise, with the location to be announced in the public notice.
         c.   BOA minutes. The minutes of the BOA shall be open to the public. The minutes of proceedings, showing the vote of each member and the records of its examination, evidence, findings, and other official actions, shall be kept and filed in the office of the Director as a public record.
         d.   BOA secretary. The Community Investment Department staff shall serve ex-officio as the secretary of the BOA, shall record all actions, shall provide written communications to the applicants, but shall have no vote.
         e.   Quorum A quorum necessary for the transaction of business shall consist of 4 members.
      5.   Authority and duties. The BOA shall have the following authority:
         a.   Appeals. Hear and decide appeals when there is an alleged error in any decision, determination, order, or requirement made by the Zoning Administrator.
         b.   Variances. Hear and decide requests for variances from the terms of this Development Code, in compliance with § 14.05.04D., because of special circumstances applicable to a property, including its location, shape, size, surroundings, or topography, where the strict application of this Development Code would deprive the property of privileges enjoyed by other similar properties in the same zoning district, or where a variance is needed to comply with state or federal law, including but not limited to the federal Fair Housing Act amendments of 1988. No variance may permit a use that is not permitted in a zoning district, as shown in Article III (Permitted Uses). The BOA may attach conditions to the variance as it may determine to be reasonable and necessary in order to fully carry out the provisions and intent of this Development Code.
      6.   Limits of responsibility. The BOA may not:
         a.   Obligate the city for any fees, materials, or services without the prior approval of the City Manager;
         b.   Deviate from any applicable city ordinances or state and federal laws in the execution of its duties and responsibilities; and
         c.   Fail to fully comply with state law (A.R.S. §§ 38-501 et seq.) dealing with conflict of interest matters.
      7.   BOA’s action is final. The decision of the BOA is the final action by the city in compliance with state law (A.R.S. § 9-462.06).
      8.   Person(s) aggrieved by BOA decisions. Any person(s) aggrieved by a decision of the BOA may, at any time within 30 days after the BOA has rendered its decision, file a complaint for special action in the Superior Court to review the BOA’s decision, in compliance with state law (A.R.S. § 9-462.06K.).
      9.   Ex parte communications. The BOA acts in a quasi-judicial manner and shall not entertain, accept or participate in any ex parte communications as set forth below.
         a.   Prohibition against ex parte communications. To ensure that the decision-making process is fair and impartial, the members of the BOA shall not, directly or indirectly, participate in any ex parte communication relevant to an application pending before that body. Ex parte communications are oral or written communications related to the matter to be heard by the BOA and that is made to or by any member of the Board, including in person, telephonic or electronic communications that occur outside of a public meeting of the hearing body.
         b.   Exceptions. This prohibition shall not apply to communications between the members of the BOA and city staff. This prohibition is not intended to prevent site visits, the receipt of expert opinions, and the review of mail and other correspondence relating to the proceedings. All such communications shall be documented and entered into the record of the proceedings.
         c.   Disclosure of communications. If a BOA member receives an ex parte communication, the BOA member shall place the communication in the public record and enter into the minutes a statement describing the communication.
   D.   Community Investment Department Director (CID).
      1.   Delegation by Director. The Community Investment Department Director (“Director”) may delegate any or all of the responsibilities of the Director to Department staff under the supervision of the Director, unless state law prohibits such delegation.
      2.   Duties and authority. The Director shall:
         a.   Have the responsibility to perform all of the functions designated by state law;
         b.   Direct city employees assigned to the Planning, Zoning, and Building Departments, gather and maintain land use and building permit records and provide these to the Planning Commission, BOA, Council, and the public, and provide budgets, records of income and expense, and other data requested by the City Manager; and
         c.   Perform the duties and functions identified in this Development Code, including the initial review of land use applications, in compliance with § 14.05.02.
   E.   Zoning Administrator (ZA). The Zoning Administrator shall have responsibility for interpretation and enforcement of this Development Code with the authority to take action on applications for all administrative permits and approvals issued by the Department, as identified in § 14.05.02. Appeals from the determination of the Zoning Administrator shall only be considered by the BOA.
   F.   Administrative Hearing Officer.
      1.   Establishment and duties. In order to decide appeals commenced by property owners from any final determination made by an administrative agency or official of the city that conditions an approval for the use, improvement, or development of real property on the requirement of an exaction or dedication, there shall be, and is created, the position of Administrative Hearing Officer. This provision is created in accordance with state law (A.R.S. §§ 9-500.12 and 9-500.13).
      2.   Commission to sit as Administrative Hearing Officer. For purposes of this section, the Commission shall be authorized to sit as the Administrative Hearing Officer.
(Ord. 18-1210, passed 12-11-2018; Ord. 18-1196, passed 4-10-2018; Ord. 17-1188, § 1, passed 11-14-2017; Ord. 16-1141, passed 2-23-2016; Ord. 22-1285, passed 4-12-2022)
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