A. Purpose and applicability.
1. This section regulates development and redevelopment in those overlay zoning districts established by § 14.02.01, and having the boundaries shown on the Official Zoning Map.
2. An overlay district is distinguished from a base zoning district by an “O” as the last letter in the zone district designation.
3. The provisions of each overlay zoning district supplement or modify the standards and requirements of the underlying base zoning district.
4. In case of a conflict between the provisions of the overlay zone district and an underlying base zoning district, the provisions of the overlay zoning district shall apply, regardless of whether they are more or less restrictive than the provisions of the base zoning district.
5. If a property is included in 2 or more overlay districts, and the provisions of 1 or more overlay districts conflict, the more restrictive overlay district provision shall apply.
B. AP-O: Airport Overlay.
1. Airport zones. This district establishes certain zones that include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces as they apply to Lake Havasu City Municipal Airport. These zones are shown on the Lake Havasu City Municipal Airport Approach Plan and Zoning Map consisting of 1 sheet, prepared as part of the Lake Havasu City Municipal Airport Master Plan, dated January, 1986, which is hereby incorporated into this section by reference as though it were fully set forth here. An area located in more than 1 of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are established and defined as follows:
a. Utility runway visual approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is 250 feet wide. The approach zone expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.
b. Utility runway nonprecision instrument approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 2,000 feet at a horizontal distance 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.
c. Runway larger than utility with a visibility minimum greater than 3/4 mile nonprecision instrument approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.
d. Runway larger than utility with a visibility minimum as low as 3/4 mile nonprecision instrument approach zone-precision runway. The inner-edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.
e. Precision instrument runway approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.
f. Transitional zones. The transitional zones are the areas beneath the transitional surfaces.
g. Horizontal zone. The horizontal zone is established by swinging arcs of 5,000 feet radii for all runway designated utility or visual and 10,000 feet for all others from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.
h. Conical zone. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet.
2. Airport zone height limitations.
a. Established. Except as otherwise provided in this section, no structure shall be erected, altered or maintained, and no tree shall be allowed to grow in any zone created by this section, to a height in excess of the applicable height established in this section for the zone. Height limitations are established for each of the zones in question as follows:
i. Utility runway visual approach zone. Slopes 20 feet outward for each foot upward, beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.
ii. Runway larger than utility with a visibility minimum greater than 3/4 mile nonprecision instrument approach zone. Slopes 34 feet outward for each foot upward, beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline.
iii. Runway larger than utility with visibility minimum greater than 3/4 mile nonprecision instrument approach zone-precision runway. Slopes 34 feet outward for each foot upward, beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline.
iv. Precision instrument runway approach zone. Slopes 50 feet outward for each foot upward, beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline; thence slopes upward 40 feet horizontally for each foot vertically to an additional horizontal distance of 40,000 feet along the extended runway centerline.
v. Transitional zones. Slopes 7 feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of 150 feet above the airport elevation. In addition to the foregoing, there are established height limits sloping 7 feet outward for each foot upward, beginning at the sides of and the same elevation as the approach surface, and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven feet outward for each foot upward, beginning at the sides of and the same elevation as the approach surface, and extending a horizontal distance of 5,000 feet measured at 90-degree angles to the extended runway centerline.
vi. Horizontal zone. Established at 150 feet above the airport elevation or at a height of 933 feet above mean sea level.
viii. Conical zone. Slopes 20 feet outward for each foot upward, beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 150 feet above the airport elevation.
3. Use restriction. Notwithstanding any other provisions of this section, no use may be made of land or water within any zone established by this section in a manner so as to create electrical interference with navigational signals, or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport.
4. Nonconforming uses.
a. Regulations not retroactive. The regulations prescribed in this section shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of October 26, 1988, the effective date of this Airport Overlay District, or otherwise interfere with the continuance of a nonconforming use. Nothing contained in this section shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to October 26, 1988, and is diligently constructed.
b. Marking and lighting. Notwithstanding the provisions of division B.4.a., the owner of any existing nonconforming structure or tree is required to install, operate, and maintain thereon appropriate markers and lights as shall be deemed necessary by the Public Works Director to indicate to the operators of aircraft in the vicinity of the airport the presence of the airport obstruction.
C. NK-O: North Kiowa Overlay.
1. Purpose. The purpose of this section is to regulate commercial development along North Kiowa Boulevard between Catalina Drive and Havasupai Boulevard in order to protect the public interest in achieving distinctive and internally consistent architectural and site design elements. The North Kiowa corridor presents special development opportunities and constraints related to its association with the Central Business Park and its relationship with the surrounding residential development. The guidelines and standards in this section are designed to achieve a unified design treatment, to increase the buildable area, to allow for designated outdoor display or storage, and to provide a uniform street landscaping theme.
2. General development plan required. Rezoning of property to the North Kiowa Overlay District shall include the adoption of a general development plan conforming to the standards and guidelines in this section and applicable standards of the underlying base zoning district and shall serve as a guide to further development within the overlay district.
3. Design standards.
a. General requirements. Site and building design shall comply with the applicable provisions of § 14.04.07, unless otherwise noted within this section.
b. Building design.
i. All building frontages on a public street, excluding alleys, shall be constructed of painted or decorative masonry or stucco, and shall include a pedestrian path connecting the front of the structure to North Kiowa Boulevard.
ii. The development shall contain a pedestrian sidewalk, covered by a projecting canopy mounted to the structure's wall, along the entire length of the front portion of the structure adjacent to the business entrance.
iii. Structures shall not conflict with the adopted master parking-in-common plan.
c. Screening of vehicle parking and maneuvering areas.
i. The vehicle parking and maneuvering areas shall be screened from the adjoining right-of-way with a 3-foot high stucco masonry wall to similar in color to other screening walls on the block.
ii. The screen wall may be located on the front property line or be within the 10-foot buffer area inside of the property line.
d. Screening of outdoor uses.
i. Outdoor storage and display areas shall be designated with a perimeter masonry screen wall using materials and textures similar to those used on the primary façade of the primary structure.
ii. The perimeter screen wall shall be 6 feet in height and be completely sight obscuring where the outdoor use abuts single- or multi-family residential zoning districts.
iii. Materials may be stored to a maximum height of 6 feet.
iv. Fencing materials (e.g., chain link or wrought iron) may not be used, except for gates and loading areas. Where permitted, fencing materials shall include plastic lath or netting to obscure views into outdoor use areas and be of a similar color to adjacent screen walls.
4. Additional permitted uses. In addition to the uses allowed by the underlying C-1 Zoning District, the following uses are allowed if is sited in compliance with the design standards in this division C.
a. Accessory warehouse uses conducted entirely within an enclosed structure, but requiring some outdoor storage.
b. Accessory outdoor uses in compliance with the following conditions:
i. The outdoor use shall be limited to storage materials or supplies directly related to the business use and shall be accessory and subordinate to the primary use on the property. The area of the outdoor use shall not exceed the area of the primary structure. Stand-alone storage without a primary structure shall not be allowed.
ii. The area designated for accessory outdoor storage uses shall be located to the rear or side of the primary structure. No outdoor storage shall be located within the area designated as parking-in-common.
iii. The accessory outdoor use shall be screened in compliance with § 14.04.04.
5. Prohibited uses and materials. The following uses and materials shall be prohibited:
a. Chain link fencing in the front elevation or facing Kiowa Boulevard;
b. Exposed metal panel systems for the exterior of the front elevation of the primary structures facing Kiowa Boulevard;
c. Manufacturing;
d. Stand-alone outdoor storage uses;
e. Repair garages.
6. Parking design standards. Parking design and layout shall be consistent with an approved typical master parking-in-common plan and approved general development plan and site plan and the following requirements:
a. Grading. Parking lot designs on the same block shall be aligned to the greatest extent practicable. Grading activity shall not adversely affect existing topography of the adjoining properties, and shall maintain the existing slope or gradient of the entire block.
b. Paving. Paving shall match and be consistent with the topographical elevations of any abutting paving on adjoining lots. Paving design shall include 2 inches of asphaltic concrete over 6 inches of aggregate base course.
c. Paint striping. Interim parking striping may be allowed until the block becomes 60% developed or as determined by the Zoning Administrator to implement striping and layout in compliance with the approved site plan.
d. Driveways. Temporary driveways may be allowed on an interim basis, but shall be removed and standard off-site improvements installed by the owner when the block becomes 60% developed or as determined by the Director to provide common driveways to the parking-in-common areas in compliance with the approved site plan.
e. Trash enclosures. Trash bins shall be screened by means of a 5-foot high masonry wall on 3 sides and be located in the rear parking area behind the structure and conform to the adopted general development plan and general city standards.
7. Landscaping. Landscaping shall comply with the following guidelines:
a. Building landscape. Special planting areas associated with the building (e.g., accents and entryways) may include any of the plant materials identified on the city’s approved plant list available at the Community Investment Department.
b. Site landscape irrigation. Irrigation of landscaping at the building or parking areas shall be provided by the private domestic water system.
8. Master grading plan. Pending the adoption of a master grading plan, each lot shall be graded in a manner not to impede the implementation of any adopted master grading plan over the entire block by maintaining existing gradient across lots. The grading plan shall clearly indicate the maximum grades and pad heights.
9. Signs.
a. General requirements. Signs shall comply with the provisions of § 14.04.08 unless otherwise noted in this section.
b. Project signs.
i. Each block shall be entitled to one project sign identifying the block as a commercial center located at each driveway entry to the master parking-in-common areas.
ii. The project sign shall be a monument-type sign limited to 50 square feet in area, including the base.
c. Wall signs.
i. In addition to the wall sign area allowed for each parcel in § 14.04.08 an additional 30-square foot sign of consistent design and lettering shall be allowed on the parking area screen wall facing the right-of-way.
ii. No wall signs shall be allowed facing any abutting residential zoning district except for identification only, not to exceed 6 square feet in area.
10. Parking lot lighting.
a. Parking area lighting shall be serviced from underground utilities.
b. Light poles are allowed subject to a height limit of 20 feet.
c. Light emissions may not spread onto adjacent properties in compliance with § 14.04.05 (Exterior Lighting).
d. The lighting fixtures shall be located only in landscape areas and may not be installed in the open paving of the parking lot.
e. One area lighting fixture shall be installed for each lot in the required landscape area as designated on the typical parking-in-common plan.
D. PD-O: Planned Development Overlay.
1. Purpose.
a. A Planned Development Overlay (PD-O) is a development in which structures, land use, open space, transportation facilities, and utility systems are integrated through an overall design concept on a single parcel or aggregate parcels of land approved by City Council.
b. City review is accomplished by combining subdivision, conditional use, and design review into a single process designed to provide a framework for the development of a more desirable urban environment through application of contemporary site planning techniques and architectural forms.
c. The Planned Development process is aimed at permitting creativity and flexibility in site design that may not be achieved through a strict adherence to zoning district and subdivision standards applicable to the base zoning district.
d. The PD-O District is intended to encourage efficient use of land and resources that can result in savings to the community, consumers, and developers; preserve valuable landscape, terrain, and other environmental amenities; and provide diverse and innovative living, working, or shopping environments that consider community needs and activity patterns.
2. Applicability. In accordance with the requirements of this Code, the PD-O Zoning District can be applied to any parcels.
3. Permitted uses. In a PD-O District, any land uses allowed in the Permitted Use Table (Table 3-1) in § 14.03.01 may be permitted if they can be shown to provide an orderly relation and function to other uses in the development and to existing land uses and is consistent with the approved General Plan. The permitted uses of property located in the PD-O shall be determined at the time the zoning overlay district and development plan are approved, and development within the district shall be limited to those uses specifically approved in those documents. Any addition of uses, change of plans, or increase in size or density shall require a separate application for amendment to the original approved PD-O and shall follow the same process as any other zoning ordinance amendment, unless they qualify as a minor change under § 14.05.03(N) (Changes to Approved Projects).
4. Guidelines for design. The following principles for proposing and mixing land uses are recommended:
a. The proposed development shall be designed so as to produce an environment of stable and desirable character not out of harmony with its surrounding neighborhood.
b. Personal and individual privacy shall be maintained and balanced with the provision of public and common areas.
c. Interest and variety within the development shall be sought by means of street design and changes in and mixtures of building types, heights, facades, setbacks, planting, or size of open space, and the design shall be harmonious as a whole and not simply from street to street.
d. Natural amenities of the land shall be preserved through maintenance of conservation areas and open spaces. A minimum of at least 20% of the gross area of the site shall be retained in open space.
e. Building heights shall be consistent with the reasonable enjoyment of neighboring property and the efficiency of existing public services and facilities.
f. Within a primarily residential development, commercial and office uses, if proposed, shall be scaled and integrated into the overall design. Commercial and office uses within the development shall be along the street of the development and be accessed by an arterial or collector road when possible.
g. Structures or buildings located at the perimeter of the development shall be permanently screened in a manner that sufficiently protects the privacy and amenities of the adjacent, existing and proposed uses.
5. Dimensional standards.
a. This Code does not establish minimum lot sizes, minimum lot widths, maximum lot coverage, minimum yards and building setbacks, or minimum/maximum height requirements for properties in PD-O Zoning Districts. Dimensional requirements shall be approved in the PD-O rezoning ordinance and general development plan.
b. Maximum structure height may exceed those of the underlying base zoning district to a maximum height of 60 feet, or 90 feet in the Channel Riverwalk Zoning District, except that the Black Rock Preserve area is not eligible for a height exception. Structures within 100 feet of the R-1, R-2, R-E and R-A zones shall be limited to the maximum height allowed in the underlying base zoning district.
6. Density. This Code does not establish minimum residential density or non-residential development intensity in PD-O Zoning Districts. Maximum numbers of dwelling units and/or building gross square footage shall be approved in the PD-O rezoning ordinance and general development plan.
(Ord. 18-1203, passed 8-14-2018; Ord. 16-1141, passed 2-23-2016)