A. Purpose. The intent of this section is to preserve and enhance the visual resources of the natural and built environment from and along scenic routes in order to:
1. Protect property values and the character of neighborhoods;
2. Protect and enhance the unique character of a community, including vegetation, architecture and geology;
3. Protect and enhance the economic value of tourism; and
4. Protect natural resources.
B. Definitions. Certain terms used in this section shall be defined as follows:
1. "Highly reflective" means a light reflecting value (LRV) greater than eighty percent (reference: Munsell Book of Color).
2. "Monument type freestanding identification sign" means a sign in which the architectural structure supporting the background panel of the sign is at least fifty percent as wide as the background panel.
3. "View corridor" means the view from the scenic route at four feet above existing grade at the future right-of-way line along the parcel is not obstructed by buildings or structures. The view corridor will permit an unobstructed view from at least one point into and through a portion of a development site towards the scenic resource(s).
4. "Viewshed analysis" means describe, map, and provide photos of the predevelopment viewsheds from representative locations on the scenic route (at approximately four feet above existing grade) looking at and through the development site. From the same perspectives, illustrate the post-development viewsheds.
C. The roadways and roadway segments designated as Scenic Routes on the Major Streets and Scenic Routes Plan are subject to the requirements of this section.
D. Applicability. This section applies to all new development requiring a building permit, including expansions of existing development, on any land within two hundred feet of a designated Scenic Route as designated on the Major Streets and Scenic Routes Plan. The two-hundred-foot area of applicability is measured as follows:
1. Where a Scenic Route is designated as a "Major Route" on the Major Streets and Scenic Routes Plan, this section applies to all land within two hundred feet of the future right-of-way line of the designated Scenic Route.
2. Where a Scenic Route is not designated as a "Major Route" on the Major Streets and Scenic Routes Plan, this section applies to all land within two hundred feet of the existing right-of-way line of the designated Scenic Route.
E. Development Standards.
1. Building heights:
a. The height of residential buildings shall not exceed twenty-four feet.
b. The height of commercial, office or industrial buildings may exceed twenty-four feet if:
1) The maximum height permitted in the zone is not exceeded, and
2) A view corridor(s) with a combined width of at least twenty percent of the street frontage of the development site is provided. A viewshed analysis of the development site shall be submitted with the development plan or subdivision plat.
2. Setback:
a. All buildings or structures or any part of such buildings or structures shall have setback requirements of half of the required future right-of-way width according to the Major Streets and Scenic Routes Plan, as it may be amended and supplemented.
b. Setback exception for signs, walls, fences and private swimming pools:
1) Setback requirements for signs shall be as specified in Section 18.79.030 (Sign Standards);
2) Walls and fences shall be permitted within required setback areas as specified in Section 18.07.050(B) (Exception for Walls and Fences) and Chapter 18.73 (Landscaping, Screening and Buffering Standards);
3) Private swimming pools shall be permitted within required setback areas as specified in Section 18.07.030(D)(1) (Land Use Regulations — Swimming Pools — Private).
3. Landscaping Standards. The scenic route setback area shall be landscaped in compliance with Chapter 18.73 (Landscaping, Buffering and Screening Standards). Existing natural vegetation in the scenic route setback area shall be preserved and maintained, where possible. Emphasis will be placed on satisfying the landscaping requirements by retaining and augmenting the existing, natural, vegetative communities.
4. Building and Wall Surfaces.
a. Highly reflective finishes, colors or materials are prohibited on building and wall surfaces which are visible from a designated scenic route.
b. Building and wall surfaces which are visible from a designated scenic route shall have colors which are compatible with surrounding natural landscape (desert/earth tones). Allowable colors include: brown — including rusts, sepias, sands, tans and buffs, olive and grey.
5. Utilities.
a. All new utility lines along scenic routes shall be underground unless the line is a 46KV or greater transmission line. New utility poles are not permitted unless a waiver has been approved under Section 18.07.030(H)(7) or the poles are needed for a 46KV or greater transmission line.
b. Utility facilities constructed or installed pursuant to a certificate of environmental compatibility issued prior to the adoption of this section under the authority of A.R.S. Title 40, Chapter 2, Article 6.2, are exempt from the provisions of this section.
c. Where possible, existing poles shall be used to provide the required transition to underground service to new developments adjacent to scenic routes. However, a new pole set in line with the existing overhead system, when necessary to serve approved new developments, is not deemed to be a new utility. Upgrades and reinforcements of existing overhead transmission utilities are allowed to the extent that the total number of cables is not increased.
d. Location of underground utility lines shall be planned and joint-trenched where possible to minimize the disturbance of vegetation.
e. Exceptions:
1) Section 18.77.040(E)(5)(a) does not apply to individual residential lots not part of a subdivision plat.
2) The planning official may grant an exemption from Section 18.77.040(E)(5)(a) upon a finding that it would impose an unreasonable economic hardship or that the site lacks scenic quality. The petitioner may appeal the planning official's decision to the board of supervisors.
6. Signs. Refer to Chapter 18.79 (Sign Standards) for provisions for signs along scenic routes.
F. Designation.
1. Public Notice and Hearing Requirements.
a. Public notice of the hearing before the planning and zoning commission and the board of supervisors shall be given as required in Section 18.01.070.
b. No designated scenic routes shall be amended without written notice to the owner(s) of the lot(s) adjacent to the recommended route.
2. Criteria for Scenic Route Designation.
a. The determination of scenic route status shall be based on exceptional scenic quality that helps define the community's character. The scenic resources may be unique and significant views of mountains, vegetation, architecture, site design, or geologic formations.
b. Refer to the Major Streets and scenic routes Plan for reference to roads designated as scenic routes.
(Ord. 2018-15 § 2, 2018; Ord. 2016-2, § 1 (part), 2016; Ord. 1996-58 § 2, 1996; Ord. 1995-42 § 5 (part), 1995; Ord. 1985-82 (part), 1985)