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Sierra Vista City Council Meeting Agenda February 8, 2018

Call to Order

5:00 p.m., City Hall Council Chambers, 1011 N. Coronado Drive, Sierra Vista, Arizona

Roll Call

Invocation

Pledge of Allegiance

Item 1 Acceptance of the Agenda

Awards and Presentations

City Manager’s Report: Upcoming Meetings, Bid Openings and Bid Awards

Item 2 Consent Agenda Item 2.1 Approval of the City Council Special Meeting Minutes of January 23, 2018 Item 2.2 Approval of the City Council Regular Meeting Minutes of January 25, 2018

Public Hearings

Item 3 Resolution 2018-012, Development Code Text Amendment-Sign Regulations Articles 151.02-Definitions and 151.10 Sign Regulations

Item 4 Resolution 2018-013, Development Code Text Amendment-Communications Towers and Amateur Radio Antennas Article 151.06-Special Regulations for Particular Uses

New Business

Item 5 Ordinance 2018-001, Amendments to the City Code of Ordinances, Title IX, General Regulations, by Amending Chapter 92 to Establish Regulations for Wireless Facilities in Public Rights-Of-Way and declaring an emergency

Item 6 Ordinance 2018-002, City Initiated Amendments to the Development Code: Water Adequacy Clarifications-Article 151.19, Subdivision Regulations; Manufactured Home and RV Development Standards-Article 151.02, Definitions, Section 151.22.006, Matrix of Use Permissions by District, and Section 151.22.011, Manufactured Home Residential Zoning District; Administrative Modifications and Fence & Wall Height-Section 151.04, Supplementary District Regulations; Administrative Site Plan Standards and Submittal Requirements-Article 151.18, Site Plans; Increased Commercial Building Heights; Reduced Building Setbacks in Infill Incentive District- Article 151.02, Definitions, Section 151.22.018, General Commercial Zoning Districts; Water Harvesting-Section 151.04.015, Required Drainage Facilities, Article 151.09, Off-Street Parking & Loading, and Article 151.15, Landscaping, Walls, Screening, Buffer; For special needs and accommodations, please contact Jill Adams, City Clerk, 72 hours prior to the meeting or activity at (520) 458-3315 or through the Arizona Relay Service at 1-800-367-8939, or by simply dialing 7-1-1.

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For special needs and accommodations, please contact Jill Adams, City Clerk, 72 hours prior to the meeting or activity at (520) 458-3315 or through the Arizona Relay Service at 1-800-367-8939, or by simply dialing 7-1-1.

Removal/Text Relocation of Article 151.05, Performance Standards- Article 151.08.007, Sewerage Facilities.

Item 7 Ordinance 2018-003, City Initiated Amendments to the City Code Sections: Building and Property Maintenance and Property Maintenance Enforcement-Chapter 150; Noise-Chapter 93,

Item 8 Resolution 2018-014, Appointment of Nandor Felsen and Karly Scarbrough to the Library Advisory Commission

Call to the Public

Comments and Requests of the Council

Adjournment

Sierra Vista City Council Special Meeting Minutes

January 23, 2018 Mayor Mueller called the January 23, 2017 City Council Meeting to order at 2:30 p.m., City Hall, City Manager’s Conference Room, 1011 N. Coronado Drive, Sierra Vista, AZ Roll Call: Mayor Rick Mueller – present Mayor Pro Tem Alesia Ash – present Council Member Bob Blanchard – present Council Member Gwen Calhoun – present Council Member Rachel Gray – present Council Member Craig Mount – present Council Member Kristine Wolfe – present Others Present: Chuck Potucek, City Manager Victoria Yarbrough, Assistant City Manager Nathan Williams, City Attorney Jill Adams, City Clerk Item 1 Acceptance of Agenda Council Member Blanchard moved that the Agenda for the Special City Council Meeting of January 23, 2018, be approved as written. Council Member Gray seconded the motion. The motion carried unanimously, 7/0. New Business Item 2 Request to adjourn into executive session in accordance with Arizona Revised Statute §38-431.03(A.3), discussion or consultation for legal advice with the attorney or attorneys of the public body. Arizona Revised Statute §38-431.03(A.4), discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body's position regarding pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation: John Doe Vs. City of Sierra Vista. At 2:32 p.m., Council Member Calhoun moved to adjourn into Executive Session in accordance with Arizona Revised Statute §38-431.03(A.3) and Arizona Revised Statute §38-431.03(A.4) as set forth in the notice dated January 12, 2018. Council Member Mount seconded the motion. The motion unanimously carried, 7/0. Item 3 Adjournment

Mayor Mueller adjourned the January 23, 2018 Executive Session of the Sierra Vista City Council at 2:50 p.m.


Mayor Mueller adjourned the January 23, 2018 Special Meeting of the Sierra Vista City Council at 2:50 p.m.

_____________________________ Mayor Frederick W. Mueller

Minutes prepared by: Attest:

_____________________________ _____________________________ Maria G. Marsh, Deputy Clerk Jill Adams, City Clerk

Sierra Vista City Council Meeting Minutes January 25, 2018

Mayor Mueller called the January 25, 2108 City Council Meeting to order at 5:00 p.m., City Hall Council Chambers, 1011 N. Coronado Drive, Sierra Vista, AZ Roll Call: Mayor Rick Mueller – present Mayor Pro Tem Alesia Ash – present Council Member Bob Blanchard – present Council Member Gwen Calhoun – present Council Member Rachel Gray – present Council Member Craig Mount – present Council Member Kristine Wolfe – present Others Present: Chuck Potucek, City Manager Victoria Yarbrough, Assistant City Manager Adam Thrasher, Police Chief Ron York, Fire Chief Laura Wilson, Leisure and Library Services Director Sharon Flissar, Public Works Director Matt McLachlan, Community Development Director Jill Adams, City Clerk Nathan Williams, City Attorney Judy Hector, Marketing and Public Affairs Manager Tony Boone, Economic Development Manager Mike Cline, Management Analyst Abe Rubio, IT Manager Invocation – Intern Pastor Erika Tobin, Sierra Evangelical Lutheran Church, conducted the invocation. Pledge of Allegiance - Council Member Calhoun led the Pledge of Allegiance. Item 1 Acceptance of the Agenda Council Member Wolfe moved that the agenda for the Regular City Council Meeting of January 25, 2018, be approved. Council Member Mount seconded the motion. The motion was approved by a unanimous vote, 7/0. Awards and Presentations Council Member Gray, the Mayor and Council presented Amar, Nina and Barry Amin, owners of Bonanza Cleaners and Laundry and Adriana and Ada, their managers, with a plaque in recognition as the City Council Business for the Month of January. Mr. Amin stated that it is a pleasure and an honor to be recognized and thanked his staff and the citizens of Sierra Vista.

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The Mayor, Council and the Environmental Affairs Commissioners presented Water Wise, a program of the University of Arizona Cochise County Cooperative Extension, as the first recipient of the Environmental Merit Award for its program’s long track record of leveraging community outreach and local partnerships to enhance the conservation of water and other natural resources. Mark Apel thanked Council for their support, the Environmental Affairs Commission, Water Wise's staff, MaryAnn, Rebecca, their folks up on Fort Huachuca and Cado Daily, who started the program in 1995. Sister Cities/Youth Germany City Council Presentation – Ms. Gilbert-Himstedt presented the students who visited Germany and announced that on February 4, 2018 the students from Germany will be visiting Sierra Vista. She also invited Council to a luau on February 22, 2018 as a farewell party for the German students . The following students spoke and displayed slides on their experiences while visiting Germany: Lexi Gonzales, Savannah Linwood, Kaden Heck, Brakell Stover, Nate Burden, Kaz Binkerd, Stephanie Pena and Joey Giamalis. Mayor Pro Tem Ash stated that she was born in Germany; but has never been back and added that the presentation was inspiring to her. City Manager’s Report: Mr. Potucek announced the upcoming work session scheduled for February 6, at 3:00 p.m. in Council Chambers for a regular update and a presentation by the Environmental Affairs Commission. He then announced upcoming projects and awards:

- Airport Fuel was published on January 21, 23, 24 and 25, 2018, which the City will be accepting proposals until February 27, 2018 until 2:00 p.m., with a start date of October 1, 2018;

- Sewer Repair to be published on January 28, 30, 31 and February 1, 2018 with a closing date of February 16, 2018 at 2:00 p.m.; and

- Library carpeting project will be completed and the Library will be reopened on Monday, January 29, 2018.

Item 2 Consent Agenda Item 2.1 Approval of the City Council Regular Meeting Minutes of January 11, 2018 Item 2.2 Resolution 2018-007, Acceptance of a Revised Access Easement for Plaza De Colibri subdivision Item 2.3 Resolution 2018-008, Application for an Extension of Premises/Patio Permit for Jerald J. Reutebuch for the Rough Riders' Event on March 24, 2018 at PC's Lounge Council Member Mount moved that the Consent Agenda consisting of the City Council Regular Meeting Minutes of January 11, 2018, Resolution 2018-007, acceptance of a revised Access Easement for Plaza De Colibri subdivision and Resolution 2018-008, an application for an Extension of Premises/Patio Permit for Jerald J. Reutebuch for the Rough Riders' Event on March 24, 2018 at PC's Lounge, be approved. Council Member Calhoun seconded the motion. The motion was approved by a unanimous vote, 7/0. New Business Item 3 Resolution 2018-009, Appointments of Brad Snyder and Chrysti Lassiter to the Planning and Zoning Commission

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Council Member Gray moved that Resolution 2018-009, appointments of Brad Snyder, said term to expire December 31, 2019 and Chrysti Lassiter, said term to expire December 31, 2018 to the Planning and Zoning Commission, be approved. Council Member Mount seconded the motion. The motion was approved by a unanimous vote, 7/0. Item 4 Resolution 2018-010, Appointment of Berlynda Schaaf to the Parks and Recreation Commission Council Member Blanchard moved that Resolution 2018-010, appointment of Berlynda Schaaf to the Parks and Recreation Commission, said term to expire December 31, 2019, be approved. Council Member Mount seconded the motion. The motion was approved by a unanimous vote, 7/0. Item 5 Resolution 2018-011, Authorization to Proceed with Legal Action, Case No. CV2016-0061 Mayor Pro Tem Ash moved that Resolution 2018-011, authorization to proceed with legal action, Case No. CV2016-0061, be approved. Council Member Blanchard seconded the motion. Mr. Williams stated that on January 23, 2018 the City Council met in Executive Session to discuss the City's position in Cochise County Superior Court Case No. CV2016-0061 in which the City is a defendant. During that Executive Session the presentation of an offer of judgment to the plaintiff was discussed. Approval of the item will allow the City's attorney to do that. The motion was approved by a unanimous vote, 7/0. Call to the Public Lucas Baer voiced his concerns about noise, garbage and people looking into his yard due to Charleston Road’s construction that lead to issues for him and his neighbors. He explained that at the end of the road where he resides, there was a dip prior to the construction and it has since then been raised about four feet and made flat. The problem is that his fence did not raise in height and in addition a hill was built from the fences to the new road to include a sidewalk. That means that anyone that is walking by can look into his yard. He further stated that he does not see any legal recourse for him and he can't legally build a wall higher than six feet and requested assistance from the City. Mayor Mueller explained to Mr. Baer that Council is not technically supposed to respond to him during the meeting; but that he would talk to him after the meeting. He noted that it is a shame that whomever sold him his house failed to disclose the facts about the Charleston Widening Project because it was a big deal across the County as it was Osama funds used during the construction. He added that he believes that the City can probably work with him as there are still some funds available to be able to help the neighbors. Michael DeCarlo announced the death of a local American hero, voiced his concerns with regards to the chicken ordinance, which he would support; but on one concept only and that is that someone is able to go to the store and purchase feed for the chicken and create breakfast for themselves because they are removing the market for protein out of that by investing some of their own time, energy and own value in creating their own protein. He added that the tabling of the subject for further public discussion will help. He also stated that he appreciates the folks in the City working to be efficient; but there is a part of government that is not supposed to be

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efficient and Council should be aware of where the liquor licenses are going and taking the time to read it. In closing, he reported on the meeting with Mr. McLachlan about the code enforcement changes and stated that he does not think that the City should allow the code enforcement officers to cite criminal misdemeanors. Andrae Newcomb talked about recording devices, people not listening, need for Child Protective Services and voiced his concerns with children being abused and Council being bias looking the other way when children go to jail. Comments and Requests of the Council Council Member Calhoun reported on the Antique Book Sale held by the Friends of the Library, displayed a few publications where the City's PIO has put ads in about the City with its brand and encouraged everyone to welcome the German students to the City on February 4,2018. She thanked Ms. Gilbert-Himstedt and the Sister Cities Commission for all that they do, not only to help the students go to Germany; but in setting up a meaningful, fun and educational visit of the German students when they come to visit Arizona and Mexico. In closing, she welcomed Ms. Schaaf to the Parks and Recreation Commission. Council Member Wolfe had nothing to report. Council Member Gray welcomed Ms. Lassiter and Mr. Snyder and thanked them for willing to serve on the Planning and Zoning Commission. Council Member Mount had nothing to report. Council Member Blanchard had nothing to report. Mayor Pro Tem Ash had nothing to report. Mayor Mueller announced the Mayor’s Arts Awards, the Cowboy Poetry and Music Gathering, thanked the Environmental Affairs Commission for a great award and the selection of an excellent group to recognize, welcomed the new commissioners and encouraged people to serve on a commission. Adjournment Mayor Mueller adjourned the January 25, 2018 Sierra Vista City Council Meeting at 5:49 p.m. _____________________________ Frederick W. Mueller, Mayor Minutes prepared by: Attest: ______________________ ____________________________

Maria G. Marsh, Deputy Clerk Jill Adams, City Clerk

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February 8, 2018 MEMO TO: Honorable Mayor and City Council THROUGH: Charles P. Potucek, City Manager Victoria Yarbrough, Assistant City Manager FROM: Matt McLachlan, AICP Community Development Director Jeff Pregler, AICP, Senior Planner SUBJECT: REQUEST FOR AGENDA ITEM PLACEMENT DECLARING A 30-DAY PUBLIC RECORD PUBLIC HEARING Resolution 2018-012 Proposed Development Code Text Amendments-Sign Regulations Article 151.02-Definitions Article 151.10-Sign Regulations REQUESTED ACTION: Approval of Resolution 2018-012, Declaring as Public Record text amendments to the Sierra Vista Development Code as shown on Exhibit A.

RECOMMENDATION:

The City Manager recommends approval. The Director of Community Development recommends approval. The Planning & Zoning Commission recommended approval with a vote of 5-0. APPLICANT: City of Sierra Vista SUMMARY: Staff is proposing a number of amendments to Development Code Section 151.10, Sign Regulations. The impetus for many of the text changes is compliance with the Supreme Court decision Reed V. City of Gilbert, which found that sign codes throughout the country needed to be content neutral and provide equal protection for all signs types. For example signs previously defined as "garage sale signs" or "open house signs," which infer that the individual read the content, have now been identified by the describing the sign structure type rather than a specific function or event. (A-frame, Banner Sign, Free-standing sign, etc). Defining the signs by structure type provides for one set of standards, rather than having specialized standards for specific events.

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The City is aware of the challenges for businesses in the current state of the economy and therefore wanted to include sign standards that support the local economy. Therefore, the focus of the remaining amendments recommends increases in advertising opportunities while providing safety and aesthetic elements. For example, whereas A-frame signs are currently prohibited, the proposed text amendments would allow A-frames with specific safety standards. Article 151.02, Definitions. The amendments in this Section include a number of new definitions for sign types. As previously stated, the Reed v. Town of Gilbert case required that signs be content neutral. As a result, a number of previously defined signs have been either removed or renamed in compliance with the Supreme Court decision. Additional definitions to reflect the increase in allowable sign types is also included as amendments to this section. Article 151.10, Sign Regulations. The first amendment in this Article removes the Exempt Sign section. Many of the signs referenced in this section are not content neutral and therefore are in violation of Reed v. Town of Gilbert. As a result, staff is requesting removal of this section and the listed signs were either eliminated or were redefined in a separate section of the Code in compliance with Reed. The second amendment renames the Temporary Sign section to Portable signs. Temporary signs infer that an event is temporary which requires the individual to read the sign. Again, to be content neutral, the section is now called portable signs, which references the materials and structure of the sign. The types of signs have all been renamed in compliance with Reed such as post and panel signs and yard signs, previously called Real Estate Signs.

Further, the Portable Sign section was reorganized to make the standards more easily understandable and provides for additional allowances for signs such as exempting signs that cannot be viewed from a public street, allowing A-frames, and extending the length of banner signs from 70 days per year to 90 days The standards for political signs were removed and a reference was made to the State law regulating political signs.

The next amendment relates to the Prohibited Sign section. The exemption language relating to Reader Board signs has been removed because it currently allows special provisions for specific uses. Exemptions within specific sign categories, such as this, have been eliminated to comply with the equal protection finding in Reed.

Another amendment relates to the height of permanent free-standing signs. The current code allows a maximum height of free-standing signs within commercial zoning districts of 10 feet. Staff is proposing an amendment that would increase the maximum height of signs to 15 feet when located adjacent to an arterial roadway, such as Fry Boulevard and the State Highways. The maximum height will remain 10 feet along collector and local streets. The intent is to provide greater visibility of signage along roadways that have a higher speed of traffic. In a related amendment, the placement of all free-standing signs shall be setback 5 feet from any property line to eliminate conflicts with pedestrian and vehicle traffic on the sidewalk and roadways.

3

The maximum total of wall signage for commercial buildings is currently calculated by determining the vertical length of the building frontage and multiplying by 1.5. Staff is proposing to increase the multiplier from 1.5 to 2 which will provide additional wall signage per business.

Free-standing signs for multi-dwelling uses are currently allowed to have a maximum sign area 32 square feet if one sided or 16 square feet if double sided. Staff is recommending an amendment that would allow a maximum sign area of 32 square feet for a double sided sign which is consistent with the sign area for commercial free-standing signs.

Permitted Conditional Uses in residential zoning districts, such as churches, are currently allowed to have a maximum aggregate sign area of 4 square feet. Staff is proposing to increase the maximum sign area to 32 square feet with a maximum height of 6 feet which is consistent with the sign dimensions for apartment complexes. This amendment provides for additional signage but still maintains a low-profile design.

Other additional amendments include relocating the former Home Based Business sign regulations, now called Wall Signs in Single-Family Residential Zoning Districts, into the Residential sign section and relocating Directional Signs into the Commercial signage section.

PLANNING & ZONING COMMISSION

The Planning & Zoning Commission held a public hearing on the amendments on January 16, 2018. There were no public comments at the meeting. The Commission voted to unanimously approve the amendments with a vote of 5-0. PUBLIC COMMENTS The City placed an ad in the newspaper which described the amendments and provided the date and time of the public hearings. The amendments are also posted on the City website for public viewing. Staff provided a copy of the amendments to the local sign companies, the Chamber of Commerce, local realtors, and members of the public. No public comments have been received regarding the amendments.

Attachments: Resolution Exhibit A, Proposed Text Amendments

RESOLUTION 2018-012

A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SIERRA VISTA, COCHISE COUNTY, ARIZONA; DECLARING A 30-DAY PUBLIC RECORD PERIOD FOR AMENDMENTS TO CHAPTER 151 OF THE CITY CODE OF ORDINANCES, THE DEVELOPMENT CODE, AS SHOWN IN EXHIBIT A, ATTACHED HERETO; AND AUTHORIZING AND DIRECTING THE CITY MANAGER, CITY CLERK, CITY ATTORNEY, OR THEIR DULY AUTHORIZED OFFICES AND AGENTS TO CARRY OUT THE PURPOSES AND INTENT OF THIS RESOLUTION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR SEVERABILITY.

WHEREAS, in accordance with established policy and development code procedures, the City of Sierra Vista has proposed text amendments to the following Development Code Sections; Article 151.02 Definitions, and Article 151.10, Sign Regulations; and

WHEREAS, Article 151.31 of the Development Code requires that the City Council review and decide on all applications for text amendments; and WHEREAS, per Article 151.31, the Planning & Zoning Commission recommended approval of the amendments to City Council; and WHEREAS, under the provisions of Section 9-802 of the Arizona Revised Statutes, the proposed amendments to the City’s Development Code shall be declared a matter of public record for a period of 30 days prior to being passed and adopted by ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SIERRA VISTA, COCHISE COUNTY, ARIZONA, AS FOLLOWS: SECTION 1 That the following goals and policies of VISTA 2030, the City of Sierra Vista General Plan are reaffirmed: Citizen Participation Goal 1-1; "increase citizen participation in the governmental decision process." SECTION 2 That the certain document entitled Exhibit A, proposed amendments to Development Code attached hereto, copies of which are on file in the office of the City Clerk, is hereby declared a 30-day public record. RESOLUTION 2018-012 PAGE ONE OF TWO

SECTION 3 That the City Manager, City Clerk, City Attorney, or their duly authorized officers and agents are hereby authorized and directed to take all steps necessary to carry out the purposes and intent of this resolution. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SIERRA VISTA, ARIZONA, THIS 8TH DAY OF FEBRUARY 2018. _______________________ FREDERICK W. MUELLER Mayor APPROVED AS TO FORM: ATTEST: ________________________ ______________________ NATHAN WILLIAMS JILL ADAMS City Attorney City Clerk PREPARED BY: Jeff Pregler, AICP Senior Planner RESOLUTION 2018-012 PAGE TWO OF TWO

DEVELOPMENT CODE

151.10-1 Amended 05/28/15

ARTICLE 151.10 SIGN REGULATIONS

151.10.001 Purpose 151.10.002 Measurement of Signs 151.10.003 Applicability 151.10.004 Exempt Signs 151.10.0045 PortableTemporary Signs 151.10.0056 Prohibited Signs 151.10.0067 Electronic Message Centers 151.10.0078 Residential Zoning Districts 151.10.0089 Commercial and Industrial Zoning Districts 151.10.00910 Height Reduction of Legal Nonconforming Freestanding Signs 151.10.0101 Non-Legal Nonconforming Freestanding Signs 151.10.0112 Special Use Permits 151.10.0123 Street Address in Signs 151.10.0134 Removal of Certain Signs Section 151.10.001 Purpose It is the purpose of this article to regulate signs. Regulations put forth in this Article promote traffic safety, safeguard public health and comfort, facilitate police and fire protection, enhance community appearance, and protect the character of the City. The sign regulations are designed for maximum sign legibility and effectiveness and to prevent the over concentration, improper placement, and excessive height, bulk, and area of the signs. Residential, commercial, and industrial signs are generally intended to be located in those zoning districts where the activities are allowed and where signs directly relate to the activities on the premises. Section 151.10.002 Measurement of Signs A. When signs are made of individual, fabricated, or painted letters mounted directly on an opaque

building facade or building projections of permanent construction the area shall be computed by measuring the sum of the squared-off area of individual letters.

B. For all other types of signs, the area shall include the entire area within a single contiguous

perimeter enclosing the extreme limits of the sign. However, the perimeter measurements shall not include any structural elements located outside the limits of the sign and not forming an integral part of the display.

DEVELOPMENT CODE

151.10-2 Amended 05/28/15

C. The total square footage of all face surfaces of a spherical or multi-faced sign shall not exceed twice the allowable square footage of a single-faced sign.

Section 151.10.003 Applicability This Article regulates all signs within the City. The City must approve a sign permit before any sign is constructed, re-constructed, altered, repaired, used, or changed with the exception of the signs listed under Section 151.10.004, Portable Signs Exempt Signs. When the sign permit is issued, the City will provide a decal that shall be placed on the upper right hand corner of the sign. Failure to display the decal is a violation of this code and may result in any permit being revoked and the sign removed. A. A newly constructed sign that may consist of new footings, pole, frame, electric, and sign face. B. Signs changing a business name or wording over a sign face. If the sign face change is located on

a currently legal nonconforming sign, the face change shall not expand the nonconformity (Section 151.24, Nonconforming Uses).

C. Any repairs or renovations to a sign that changes the height, area, location, or original sign face. Section 151.10.004 Exempt Signs The following signs do not require a sign permit, but shall conform to all other applicable provisions of this Code and shall be permitted in all districts in which the use identified or advertised is permitted. All signs shall be located on private property unless otherwise specified. A. Bulletin Board Signs. The sign area shall be a maximum of 16 square feet. If the bulletin board is freestanding, the sign shall be a maximum of 5 feet high. B. Bus Bench Signs. Bus bench signs shall have a maximum area of 12 square feet per bench. Under no circumstance shall any sign other than transit information or other City-designated signs be placed on any bus bench. C. Construction Project Signs. For major projects under construction, there can be one temporary nonilluminated sign that does not exceed 32 square feet in area. The message shall be limited to the identification of the architect, engineer, contractor, and other individuals or firms involved with the construction and the name of the building, the intended purpose, and expected completion date. The sign shall be placed at the construction site. Upon submittal of a completed site plan or subdivision application, signs may be placed at the construction site until the project is completed. Signs placed at the site prior to the submittal of the completed application will be limited to six months and will be allowed three 6-month extensions. Signs showing deterioration shall be replaced.

DEVELOPMENT CODE

151.10-3 Amended 05/28/15

D. Contractor Signs. Each contractor or subcontractor working on a residential lot can have one temporary, nonilluminated sign with a maximum area of 3 square feet. Each sign shall be removed from the premises within 20 days following completion. E. Directional Signs. Directional signs direct and guide traffic and parking on private property in commercial and industrial zoning districts. The signs may be a maximum size of 3 square feet in area and 3 feet high when measured from the edge of the adjoining street pavement. These signs shall not bear the business name or any advertising matter. F. Garage, Yard, Estate, and Moving Sale Signs. Garage, yard, estate, and moving sale signs may be located on the premises of the sale or with the permission of the owners of the premises upon which the sign is located and meet the following criteria: 1. The signs can be a maximum of 4 square feet in area. 2. The signs cannot be placed earlier than two days prior to the sale and cannot be displayed longer than five consecutive days. 3. The sign must be installed in a location that is not hazardous to public safety, does not obstruct the clear vision area, or interfere with Americans with Disability Act (ADA) requirements. The signs shall not be placed in the public right-of-way or on public property. G. Holiday lighting. H. Home-Based Business Signs. Only one home-based business sign, either internal or external is allowed. The sign is to be located on the principal structure, shall be nonilluminated, and is allowed a maximum area of 4 square feet. I. Identification Signs. Identification signs may bear only property numbers, post box numbers, names of occupants of premises, or other identification of premises not having commercial connotations. The maximum area of an identification sign is 1 square foot. J. Memorial or Dedication Signs. Memorial or dedication signs shall include names of buildings, dates of erection when cut into any masonry surface, and when constructed of bronze or other noncombustible material. The signs may be a maximum of 8 square feet in area. K. Murals. L. Nameplates. Professional nameplates shall have a maximum area of 2 square feet. M. Political Signs. Temporary political signs endorsing candidates or issues during any bona fide governmental election are allowed subject to the following requirements:

DEVELOPMENT CODE

151.10-4 Amended 05/28/15

1. Political signs can be placed no more than 60 days before election day. 2. Political signs must be removed within 15 days following election day or termination of the candidacy. 3. Political signs may have a maximum area of 16 square feet for each sign in a residential zoning district and 32 square feet for each sign in a nonresidential zoning district. 4. Each candidate, party, or issue headquarters may be identified with any legal temporary signage. Signs may have a maximum aggregate area of 100 square feet. 5. Signs may be installed in City rights-of-way in all zoning districts. Signs must be installed in a location that is not hazardous to public safety, obstructs the clear vision area, or interferes with ADA requirements. 6. Signs cannot be installed on any City-owned structures or property (except as noted above in Section 151.10.004.M.5). N. Real Estate Signs. Real estate signs advertising the sale or rental of property must be located on the site. Residential real estate signs can be a maximum of 4 square feet. Commercial real estate signs shall be a maximum of 32 square feet. Off-site real estates signs, such as “open house” signs, are allowed provided the applicant has permission of the property owner and the sign is located outside of a public right-of-way. Apartment complexes shall not have off-site real estate signs. O. Real Estate Open House Signs in New Subdivisions. Signs directing the public to the sale or rental of a new home can be both on- and off-site. The signs must be installed in a location that is not hazardous to public safety, does not obstruct the clear vision area, does not interfere with ADA requirements, and meets the following conditions: 1. Only three signs are allowed and can remain on site until the subdivision has been completed; the signs shall be immediately removed following the issuance of the final Certificate of Occupancy for the subdivision. 2. The signs are to be located so that they do not cause a public hazard or nuisance. 3. The signs can have a maximum aggregate area of 18 square feet, but all signs must be equal in size. P. Sign Walker. Sign walkers will be allowed on public sidewalks but not within the roadway medians. The sign walkers cannot obstruct the clear vision area or interfere with ADA accessibility. Q. Subdivision Development Signs. One temporary sign is allowed per subdivision. However, two signs are permitted if the subdivision is 5 acres or larger or if the subdivision has more than one street frontage. The maximum area of each sign is 32 square feet in area with the message limited to the

DEVELOPMENT CODE

151.10-5 Amended 05/28/15

identification of the subdivision and its sales agent. The signs may remain in place during active development. R. Traffic and Municipal Signs. Traffic and other municipal signs are defined as directional signs for hospitals or emergency services, legal notices, crossing signs, and danger signals. Section 151.10.0045 Temporary Portable Signs Portable signs are any signs not permanently affixed to a building, structure, or the ground. Portable signs are allowed only in compliance with the provisions of Table A and require a portable sign permit prior to the display of the sign except where noted. Political signs shall be in conformance with A.R.S. §16-1019.

TABLE A PORTABLE SIGNS APPLICABLE REQUIREMENTS TO ALL ZONING DISTRICTS Placement: Shall not be allowed in the City public right-of-way, unless otherwise specified, and be located in

a location that is not hazardous to public safety, does not obstruct the clear vision area, or interfere with ADA requirements. Signs cannot be located on City owned structures or buildings. Placement requirements applicable to non-commercial portable signage.

Height and width Refer to Table A for height and width standards for individual temporary sign types. All sign height is measured from the highest adjacent street grade

Prohibited Elements Moving, flashing, or intermittent electrical pulsation signs including any signs that are moved by either human or mechanical means. Animation Reflective materials

Design and construction Of sufficient weight and durability or anchored appropriately to withstand wind gusts, storms, etc.

Exemptions Government Signs Sign Walkers Signs that cannot be viewed from a public street Residential Yard Signs Post and Panel Signs A-Frame Feather Banners

DEVELOPMENT CODE

151.10-6 Amended 05/28/15

COMMERCIAL, INDUSTRIAL, AND OTHER NON-RESIDENTIAL ZONES Duration Size Height Placement Number Attached Banner Sign: 90 days maximum

per year. Additional display time granted between Thanksgiving and New Year’s Day.

1.5 square feet for every linear foot of building frontage or 1.5 per every 5 feet of linear lot frontage.

Cannot extend above the roofline of the building.

Wall or building on property requesting the sign.

Per building/lot frontage measurement.

Detached Banner Sign/H-Frame Signs/Ground Supported Signs 90 days maximum


32 square feet maximum.

6-foot maximum

On property requesting the sign, and located outside the Clear Vision Triangle as defined in Section 151.04.010

One per street frontage.

Post and Panel Signs Duration of the

activity. Removed 7 days after conclusion of activity.

32 square feet maximum

10-foot maximum

On property requesting the sign, and located outside the Clear Vision Triangle as defined in Section 151.04.010

One per street frontage.

Air Puppets Weekends and

holidays No specific size requirement.

Cannot exceed zoning district height

On property requesting the sign. Setback a distance of 1:1 from a public pedestrian way.

One per business name and one per shopping center, industrial park, or commercial or industrial subdivision.

DEVELOPMENT CODE

151.10-7 Amended 05/28/15

COMMERCIAL, INDUSTRIAL, AND OTHER NON-RESIDENTIAL ZONES Duration Size Height Placement Number Inflatable or Windblown Signs 90 days maximum



Cannot exceed zoning district height

On property requesting the sign

No minimum number.

A-Frame No maximum 12 square feet

maximum per sign face.

4 foot maximum

On property requesting the sign

One per street frontage

Special Event Directional Sign A maximum of 7

days prior to the event. Removed within three days following the event.

32 square feet maximum.

6 feet maximum

On property requesting sign, off-site with property owner permission, public right-of-way.

No minimum number

Sign Walkers No maximum N/A N/A On property

requesting the sign, and public sidewalks, but not within roadway medians.

No minimum number

RESIDENTIAL ZONING DISTRICTS Duration Size Height Placement Number

DEVELOPMENT CODE

151.10-8 Amended 05/28/15

Yard Sign A maximum of 30

days 4 square feet maximum

3 feet maximum

Located on property requesting sign or off-site with permission of property owner.

A maximum of one per location.

Post and Panel Signs Duration of

activity and removed seven days upon completion of activity


10 feet maximum

Located on the property requesting the sign

One per street frontage

A. A temporary sign is any sign, regardless of construction material, which is not permanently mounted

and is displayed for a limited period of time. Under this definition, air puppets are temporary signs; however, due to the unique nature of air puppets, they have been given their own set of regulations.

A temporary sign can be either a wall or freestanding sign. Freestanding signs must be located

20 feet from the street edge and 10 feet from a driveway. All signs, with the exception of special event signs, must be installed in a location that is not

hazardous to public safety, does not obstruct the clear vision area, or interfere with ADA requirements. The signs shall not be placed in the public right-of-way or on public property.

The following signs require an approved temporary sign permit before being displayed. 1. Temporary Wall Signs a. Type. Temporary wall signs include banners and pennants. b. Size. The maximum aggregate sign area for temporary wall signs shall be 1½ square feet

for every linear foot of building frontage. c. Height and Clearance. Temporary wall signs shall not extend above the roofline or the top

of a parapet wall. 2. Temporary Freestanding Signs

DEVELOPMENT CODE

151.10-9 Amended 05/28/15

a. Temporary Ground-Mounted Signs. (1) Area. The total sign area for temporary freestanding ground-mounted signs shall be

16 square feet per sign face. (2) Height. The maximum height of an H-frame sign or other legally ground-mounted sign

shall be 6 feet. (3) Number. The number of temporary freestanding ground-mounted signs is limited to

one per street frontage. (4) A-frame signs are prohibited except for special event signs. b. Temporary Inflatable or Windblown Signs. Inflatable or windblown signs are defined as

balloons, streamers, pennants, and flags and shall not have advertising on them. (1) Area. Temporary inflatable or windblown signs shall be a maximum of 32 square feet. (2) Height. The height for temporary inflatable or windblown signs shall not exceed the

zoning height limit (Section 151.22, Establishment of Zoning Districts). (3) Number. The number of temporary inflatable or windblown signs is not regulated with

the exception of air puppets. c. Air puppets (1) Location. Air puppets shall be located behind the property line, no closer to the

pedestrian way (multi-use path or sidewalk) than the height of the sign. If there is no pedestrian way present, the setback should be measured from the curb of the street or the edge of the pavement.

(2) Height. The height of an air puppet shall not exceed the zoning height limit. (3) Number. Air puppets are limited to one per business name and one per shopping

center, industrial park, or commercial or industrial subdivision. B. Temporary Sign Permits. Temporary sign permits will be approved or disapproved within five days

from the date the application is received. Only one type of permit can be used at any one time with the exception of holiday sign permits. Failure to comply with the terms of this temporary sign permit process shall result in revocation of all temporary sign permits for the remainder of the calendar year. The following are allowed temporary sign permits:

1. Seven-Day Sign Permit a. Can be used with all types of temporary signs except air puppets. b. A maximum of ten 7-day permits may be issued in a calendar year. The 7-day permits may

be issued back-to-back or for the duration of a promotion not to exceed ten permit periods. 2. Air Puppet Sign Permit

DEVELOPMENT CODE

151.10-10 Amended 05/28/15

a. The height requirement shall be limited to the zoning district height. b. This permit shall only be issued for weekends and holidays. 3. Special Event Sign Permit. The purpose of a special event sign permit is to allow nonprofit

organizations and community-oriented functions to advertise their special events by allowing for off-site directional signage to the special event. Special event sign permits will not be issued to individual businesses.

a. Applicable only to portable ground-mounted signs. b. Signs can be located in the right-of-way for a period up to three consecutive days. Upon

request, the City may extend this time period up to five additional days. Signs are to be located so as to not conflict with ADA requirements, pedestrian rights-of-way, and clear vision areas.

c. A single special event sign permit will be issued annually for an organization’s recurring

event. d. The sign message is limited to the name of the event, the location, dates and times, and

directional information. 4. Saturday Promotion Sign Permit. This permit is applicable to all types of temporary signs

except for air puppets. 5. Going Out of Business Sale Sign Permit a. This permit is applicable to all types of temporary signs except for air puppets. b. The permit shall not exceed 30 consecutive calendar days per business within a 12-month

period. 6. Holiday Sign Permit a. Applicable to all types of temporary signs except air puppets. b. Permits shall be issued between the Thanksgiving Holiday and New Year’s Day and do not

count toward the maximum number of allowed days for the above temporary sign permits. Section 151.10.0056 Prohibited Signs

DEVELOPMENT CODE

151.10-11 Amended 05/28/15

It shall be unlawful for any person to erect, display, or maintain a sign or advertising structure as described below. A. Moving or flashing signs or advertising structures, including any signs that are moved by either

human or mechanical means. The prohibited flashing signs include any signs with intermittent electrical pulsations. Exceptions shall include time and temperature signs and sign walkers.

B. Signs that are hazardous to traffic, imitate official government signs (i.e., Stop, Danger, Caution,

etc.), or obstruct visibility creating a hazard. C. Windblown signs, such as posters, pennants, streamers, balloons, air puppets propelled by forced

air, or other inflated objects except as provided for in Section 151.10.0045, Temporary Portable Signs. Excluded from this definition is a flag of any government or governmental agency.

D. Temporary Portable signs except as permitted in Section 151.10.0045, PortableTemporary Signs. E. All signs with more than 25-watt lamps or bulbs exposed to direct view, any reflective or power spot

bulbs, strings of light bulbs, or spotlights with the following exceptions. 1. Time-and-temperature signs can use 33-watt bulbs. 2. Holiday decorations are excluded. F. Electronic Message Centers, unless they meet the criteria in Section 151.10.0067: G. Reader Boards, except for the following: 1. One sign on the premises of a fueling station that advertises the price per gallon of fuel. 2. One movie promotion sign may be used under marquee signs in connection with a theater. The

advertising is restricted to attractions that the theater is offering or will be offering. 3. Signs on churches and religious institutions, and charter schools, when the reader board does

not exceed 25 percent of the total allowable sign area. (A commercial sign permit is required.) 4. Signs permitted through Section 151.10.011, Special Use Permit. 5. No wooden, paper, cloth, or other temporary signs shall be hung or attached to a reader board. H. Off-premise signs, including billboards, except as provided in Section 151.10.0045, Portable

SignsTemporary Signs. I. Signs or portion thereof which:

DEVELOPMENT CODE

151.10-12 Amended 05/28/15

1. Obstruct a fire exit, stairway, or standpipe; 2. Interfere with an exit to any window or any room located above the first floor of any building; 3. Obstruct any door or required exit from any building; 4. Obstruct or redirect any required light or ventilation. J. Signs erected in a residential zoning district with information other than allowed under Section

151.10.004, Portable SignsExempt Signs. K. Sandwich board signs or A-frame signs, except as permitted in Section 151.10.0045, Portable

Temporary Signs. L. Roof signs as defined in Section 151.02.004, Definitions. M. Signs less than 6 feet horizontally or 12 feet vertically away from overhead electrical conductors

energized with 440 volts or more. (Overhead electrical conductors, either bare or insulated, installed above the ground, except those enclosed in rigid iron conduit or other material of equal strength.)

N. All portable signs, except as otherwise provided in Section 151.10.005, Temporary Signs. NO. Signs on Parked Vehicles. Signs or advertising on parked vehicles or trailers are prohibited unless

the vehicles or trailers are primarily used in conducting business and the signs advertise or identify the business and the products or services offered on the premises. This paragraph shall not apply to signs affixed to vehicles or trailers used as public carriers, businesses, taxis, or vehicles when operating during the normal course of business.

OP. Obscene signs. Section 151.10.0067 Electronic Message Centers A. Number of Signs 1. Single Business

One 2-sided free-standing sign per business. Should there be more than one existing sign on

the property that conforms with the current sign height, area, and separation requirements, the electronic message centers can replace each of these signs.

DEVELOPMENT CODE

151.10-13 Amended 05/28/15

2. Multi-Tenant Building

One 2-sided free-standing sign per lot. Should there be more than one existing sign on the property that conforms with the current sign height, area, and separation requirements, the electronic message centers can replace each of these signs.

3. Shopping Center/Commercial Subdivision One 2-sided free-standing sign per access. Should there be more than one existing sign on the

property that conforms with the current sign height, area, and separation requirements, the electronic message centers can replace each of these signs.

B. Height of Signs a) The maximum height shall not exceed 15 feet when located adjacent to an arterial roadway.

b) The maximum height shall not exceed 10 feet when located adjacent to collector or local roadways.of a free-standing sign shall not exceed 10 feet from the grade of the street.

C. Area of Signs 1. Single Business The total sign area for a free-standing sign shall not exceed 32 square feet per sign face. 2. Multi-Tenant Building

The sign face area for the electronic display portion of the sign shall not exceed 32 square feet. For additional size and height standards related to free-standing signs for multi-tenant buildings, refer to Section 151.10.008C.

3. Shopping Center/Commercial Subdivision The sign face area for the electronic display shall not exceed 32 square feet. For additional

size and height standards related to free-standing signs for shopping centers/commercial subdivisions, refer to Section 151.10.008E.

D. Animation of Signs

The animation of signs which includes the blinking, scrolling, moving, and changing of brightness intensity, of either text or images is prohibited.

E. Message Transition The transition between messages shall be instantaneous.

DEVELOPMENT CODE

151.10-14 Amended 05/28/15

F. Length of Message Display The minimum length to display a message shall be 15 seconds G. Message Display

The EMC shall not display advertising for any off-site business. However, promotion of community and charity events can be displayed provided the requirements for animation, message transition, and length of message display are met.

H. Sign Brightness

1. For signs located in commercial and industrial areas the maximum lumination level from sunset to sunrise shall not exceed 100 nits. For signs located in or signs adjacent to residential zoning districts that shine directly onto residences, the maximum lumination level shall not exceed 100 nits.

2. Signs shall be required to be equipped with photo cell sensors that are factory locked to dim the

sign to an appropriate light level during daylight hours. The photo cell sensors shall also dim the sign at night to the required nit level as stated in this section. An affidavit from the manufacturer attesting to the brightness level shall be submitted with the sign permit application.

3. The electronic message center portion of the sign shall be turned off when the business

activities cease. Signs shall include timers that will automatically turn off the digital display. 4. Electronic message centers shall not have a white background. 5. Signs located within or signs adjacent to residential zoning districts that directly shine onto

residences, shall be turned off between the hours of 10:00 pm and sunrise.

I. Location. Signs shall be placed a minimum of 5 feet from any property line, be located on private property,

not project over any portion of a street, sidewalk, or other public right-of-way, and cannot conflict with any clear vision area.

JI. Non-Conforming Signs Non-conforming signs can be converted to EMC’s provided the following criteria are met:

1. The sign brightness does not exceed the sign lumination level for EMC’s as described in this

Section.

DEVELOPMENT CODE

151.10-15 Amended 05/28/15

2. The electronic or digital display portion of the sign cannot exceed 32 square feet.

3. The sign height and face area are reduced to the following ratios: Existing Height (ft.) Proposed Height Proposed Face Area (sf.) +50-30 Reduced by 50% 64 29-21 Reduced by 25% 56 20-16 Reduced by 10% 48 15-0 Reduced by 0% 32 Section 151.10.0078 Residential Zoning Districts SFR, MFR, MHR, or RV A. Subdivision Freestanding Entryway Signs in Single-Family Residential Zoning Districts. Subdivision

signs are only allowed to have the subdivision name on the sign. 1. Area. The total sign area of the a subdivision sign in residential zoning districts shall not

exceedbe 32 square feet. 2. Height and Clearance. The maximum height shall not exceed 4 feet. The maximum height of a

subdivision sign in residential zoning districts shall be 4 feet high. 3. Location. Signs shall be placed a minimum of 5 feet from any property line, be located on

private property and not project over any portion of a street, sidewalk, or other public right-of-way and cannot conflict with any clear vision area.

4. Number. Subdivision signs in residential zoning districts are lLimited to two freestanding or two

wall signs per main entrance. 5. The City shall have a copy of an acceptable agreement describing who is responsible for sign

maintenance prior to issuing a sign permit. B. Wall Signs in Single-Family Residential Zoning Districts. 1. Area The total sign area shall not exceed 4 square feet. 2. Location Located on the structure in which the business is conducted. (principal or accessory structure) 3. Number Limited to one non-illuminated sign.

DEVELOPMENT CODE

151.10-16 Amended 05/28/15

CB. Signs For Multi-Dwelling Uses in Residential Zoning Districts. Multi dwelling use signs are only

allowed to have the name of the complex on the sign. 1. Freestanding Sign for Multi Dwelling Uses in residential Zoning Districts a. Area. The total sign area of a freestanding sign for multi-dwelling uses in residential zoning

districts shall not exceed be 32 square feet or 16 square feet per display surface if the sign has two display surfaces.

b. Height and Clearance. The maximum height shall not exceed 6 feet. The maximum height

of a freestanding sign for multi-dwelling uses in residential zoning districts shall be 6 feet high when measured from the edge of the adjoining street pavement.

c. Location. Signs shall be placed a minimum of 5 feet from any property line, be located on

private property and not project over any portion of a street, sidewalk, or other public right-of-way and cannot conflict with any clear vision area.

d. Number. Freestanding signs for multi-dwelling uses in residential zoning districts shall be

limited to one freestanding sign for each access into the site. There shall be at least 100 linear feet separating each sign. e. Sign Illumination. (1) Internally illuminated signs shall not have white backgrounds. This requirement shall

apply to any sign required to obtain a sign permit. (2) Signs may have external illumination provided the lights are fully shielded and the

fixtures are aimed directly at the sign. 2. Wall Signs for Multi-Dwelling Uses in Residential Zoning Districts a. Area. The total sign area of wall signs for multi-dwelling uses in residential zoning districts

shall be 32 square feet per building frontage. b. Height and Clearance. Wall signs shall not extend above the roofline or the top of a

parapet wall. 3. The City shall have a copy of an acceptable agreement describing who is responsible for sign

maintenance prior to issuing a sign permit. D.C.Permitted Conditional Uses. Free-standing sSigns for approved conditional uses in residential

zoning districts shall have an total aggregate sign area of 324 square feet and a maximum height of 6 feet .

DEVELOPMENT CODE

151.10-17 Amended 05/28/15

Section 151.10.0089 Commercial or Industrial Zoning Districts NC, LC, OP, GC, LI, HI, IP A. Freestanding Sign for a Single Business in Commercial or Industrial Zoning Districts 1. Area. The total sign area of a freestanding sign for a single business in commercial or industrial

zoning districts shall be 32 square feet for each side of the sign. 2. Height and Clearance. a) The maximum height shall not exceed 15 feet when located adjacent to an arterial roadway. b) The maximum height shall not exceed 10 feet when located adjacent to collector or local

roadways. of a freestanding sign for a single business in commercial or industrial zoning districts shall be 10 feet high when measured from the edge of the adjoining street pavement.

The height of a sign may increase with the decrease in the number of signs as calculated in subsection 4.

3. Location. Signs shall be placed a minimum of 5 feet from any property line, be located on

private property, and not project over any portion of a street, sidewalk, or other public right-of-way, and cannot conflict with any clear vision area.

4. Number. Freestanding signs for a single business in commercial or industrial zoning districts

shall be limited to one multi-faced freestanding sign identifying the business, designating the principal goods or products, and facilities or services available on the premises.

One additional freestanding sign may be erected on a single street frontage of 450-599 linear feet, two additional signs for 600-749 linear feet, or three additional signs for 750 linear feet or greater. For a lot sharing more than one street frontage, each street frontage will be calculated separately.

There shall be at least 100 linear feet separating each sign. The property owner can choose to construct fewer signs than allowed in order to increase sign

height. Each allowed sign omitted may add 2 feet in height to another sign.

5. Sign Illumination.

a. Internally illuminated signs shall not have white backgrounds. This requirement shall apply to any sign required to obtain a sign permit.

b. Signs may have external illumination provided the lights are fully shielded and the fixtures

are aimed directly at the sign.

DEVELOPMENT CODE

151.10-18 Amended 05/28/15

c. Vacant sign faces shall have a completely dark or opaque background. 6. Pole Cover. For all new pole sign structures, the sign structure must be equipped with pole

covers or architectural embellishments that hide or conceal all structural components or braces (such as pipes, angles, irons, cables, internal back framing, bracing, etc.). Exceptions can be made if the uncovered poles are part of the overall site architecture.

7. Landscaping. All new sign structures associated with a site plan shall be constructed within a

landscaped area or island. The signs cannot be located within a clear vision area. B. Wall Signs for a Single Business in Commercial or Industrial Zoning Districts 1. Area. The total area for wall signs for a single business in commercial or industrial zoning

districts shall be 21½ square feet per linear foot of building frontage or 21½ square feet per each 5 linear feet of lot frontage. Bulletin board signs are limited to 15 square feet and do not count toward the overall allowed wall signage.

2. Height and Clearance. Signs shall not extend above the roofline or the top of a parapet wall. 3. Maximum Square Footage for Multiple Frontages. On buildings that have more than one

building frontage, each frontage can be used to calculate the overall signage square footage. 4. Transferability of Wall Signage. Wall signs for a single business in commercial or industrial

zoning districts can be transferred, in whole or in part, to any building wall provided the aggregate area does not exceed the total allowed signage area.

5. Awning or Canopy Signs. The gross surface area of an awning or canopy sign shall not exceed

50 percent of the gross surface area of the largest face of the awning or canopy to which the sign is affixed. The total area of an awning or canopy sign shall be included as part of the total wall signage.

C. Freestanding Signs for a Multi-Tenant Building in Commercial or Industrial Zoning Districts 1. Area. The total sign area of a freestanding sign for a multi-tenant building in commercial or

industrial zoning districts shall be 75 square feet of which at least 15 percent shall be dedicated to the building identification. Changeable directory panels identifying the tenants in the building can be used provided each panel is a minimum of 9 square feet. The sign shall use materials that blend architecturally with the building.

2. Height and Clearance. a) The maximum height shall not exceed 15 feet when located adjacent to an arterial roadway.

DEVELOPMENT CODE

151.10-19 Amended 05/28/15

b) The maximum height when adjacent to collector or local roadways shall not exceed 10 feet.The maximum height of a freestanding sign for a multi-tenant building in commercial or industrial zoning districts shall be 10 feet high when measured from the . edge of the adjoining street pavement.

The height of a sign may increase with the decrease in the number of signs as calculated in subsection 4.


private property, and not project over any portion of a street, sidewalk, or other public right-of-way; and cannot conflict with any clear vision area.

4. Number. Freestanding signs for a multi-tenant building in commercial or industrial zoning

districts shall be limited to one multi-faced free-standing sign identifying the businesses, designating the principal goods or products, and facilities or services available on the premises.

One additional freestanding sign may be erected on a single street frontage of 450-599 linear feet, two additional signs for 600-749 linear feet, or three additional signs for 750 linear feet or greater. For a lot sharing more than one street frontage, each street frontage will be calculated separately.

There shall be at least 100 linear feet separating each sign. The property owner can choose to construct fewer signs than allowed in order to increase sign

height. Each allowed sign omitted may add 2 feet in height to another sign.

5. Sign Illumination. a. Internally illuminated signs shall not have white backgrounds. This requirement shall apply

to any sign required to obtain a sign permit. b. Signs may have external illumination provided the lights are fully shielded and the fixtures

are aimed directly at the sign. c. Vacant tenant identification panels shall have a completely dark or opaque background. 6. Pole Cover. For all new pole sign structures, the sign structure must be equipped with pole



landscaped area or island. The signs cannot be located within a clear vision area. D. Wall Signs for a Multi-Tenant Building in Commercial or Industrial Zoning Districts

DEVELOPMENT CODE

151.10-20 Amended 05/28/15

1. Area. The total sign area of wall signs for a multi-tenant building in commercial or industrial zoning districts shall be 21½ square feet per linear foot of building frontage or 21½ square feet per each 5 linear feet of lot frontage. Bulletin board signs are limited to 15 square feet and do not count toward the overall allowed wall signage.

2. Height and Clearance. Signs shall not extend above the roofline or the top of a parapet wall. 3. Maximum Square Footage for Multiple Frontages. On buildings that have more than one

building frontage, each frontage can be used to calculate overall signage square footage. 4. Transferability of Wall Signage. Wall signs for a multi-tenant building in commercial or industrial

zoning districts can be transferred, in whole or in part, to any building wall provided the aggregate area does not exceed the total allowed signage area.



E. Freestanding Signs for a Shopping Center, Industrial Park, or Commercial or Industrial Subdivision 1. Area. The total sign area of a freestanding sign for a center, park, or commercial or industrial

subdivision shall be 75 square feet of which at least 15 percent shall be dedicated to the identification of the center or subdivision. Changeable directory panels identifying the tenants in the center or subdivision can be used provided each panel is a minimum of 9 square feet. The sign shall use materials that blend architecturally with the center, park, or subdivision.

2. Height and Clearance. a) The maximum height shall not exceed 15 feet when located adjacent to an arterial roadway. b) The maximum height when adjacent to collector or local roadways shall not exceed 10 feet.

The maximum height of a freestanding sign for a center, park, or commercial or industrial subdivision shall be 10 feet high when measured from the edge of the adjoining street pavement.


private property, and not project over any portion of a street, sidewalk, or other public right-of-way, and cannot conflict with any clear vision area.

4. Number. Freestanding signs for a center, park, or commercial or industrial subdivision shall be

limited to one freestanding sign for each access into the site. There shall be at least 100 linear feet separating each sign.

DEVELOPMENT CODE

151.10-21 Amended 05/28/15

5. Freestanding signs for a center, park, or commercial or industrial subdivision shall be prohibited

on a single lot or parcel of property.

6. Sign Illumination.

a. Internally illuminated signs shall not have white backgrounds. This requirement shall apply to any sign required to obtain a sign permit.

b. Signs may have external illumination provided the lights are fully shielded and the fixtures

are aimed directly at the sign. c. Vacant tenant identification panels shall have a completely dark or opaque background. 7. Pole Cover. For all new pole sign structures, the sign structure must be equipped with pole



landscaped area or island. The signs cannot be located within a clear vision area. F. Wall Signs for a Shopping Center, Industrial Park, or Commercial or Industrial Subdivision 1. Area. The total sign area of wall signs for tenants in a multi-tenant building in a center, park, or

commercial or industrial subdivision shall be as follows: a. Each tenant shall be allowed at least 24 square feet of total sign area. b. Each tenant shall have a total sign area of 21½ square feet per linear foot of building

frontage or 21½ square feet per each 5 linear feet of lot frontage. 2. Height and Clearance. Signs shall not extend above the roofline or the top of a parapet wall. 3. Transferability of Wall Signage. All signs for tenants in multi-tenant buildings within a center,

park, or commercial or industrial subdivision may not be transferred. Signs must be placed on the building in which the business or use is located.



G. Directional Signs.

DEVELOPMENT CODE

151.10-22 Amended 05/28/15

1. Area: The total sign area shall not exceed 3 square feet. 2. Height: The maximum height shall not exceed a maximum of 3 feet. 3. Location: The signs shall be located on private property not project over any portion of a street, sidewalk, or other public right-of-way, and cannot conflict with any clear vision area. Section 151.10.00910 Height Reduction of Legal Nonconforming Freestanding Signs The following process is provided as an incentive to reduce the height of (currently classified) legal nonconforming freestanding signs. (For a definition of legal nonconforming signs and non-legal nonconforming signs, please see Article 151.24.002E of the Development Code.) A. Incentives to Reduce the Height of Legal Nonconforming Freestanding Signs 1. The incentive to reduce the height of currently classified legal nonconforming freestanding signs

is to allow wall signage to be 2 square feet per linear foot of building frontage or 2 square feet per each 5 linear feet of lot frontage. Other than the allowances for total sign area, all other wall signage requirements are applicable. In order to receive this increase in total sign area, the following changes must be made:

a. All legal nonconforming freestanding signs on a site must be reduced to a maximum of 10

feet high. b. Freestanding signs must have pole covers attached to the bottom of the sign unless the

uncovered poles are part of the overall site architecture. B. The total sign area of a legal nonconforming freestanding sign can remain at current size. Section 151.10.0101 Non-Legal Nonconforming Freestanding Signs Current signs that are classified as non-legal nonconforming freestanding signs, as defined in Article 151.24,002E, must be brought into conformance or removed from the premises. However as an alternative to removing the sign, the total sign area can remain at its current size provided the height of the sign is reduced to a maximum of 10 feet high when measured from the adjoining street pavement. Other sign regulations (other than size and height) apply.

DEVELOPMENT CODE

151.10-23 Amended 05/28/15

Section 151.10.0112 Special Use Permits A Special Use Permit is used to request variations to this Article so that there can be increases in and a cohesive theme between all signage that are placed at a center, park, or associated subdivision. To obtain a Special Use Permit, the applicant must demonstrate the need for the additional signage and identify the architectural elements. Since the City will be making an exception to its code, it will be looking to the applicant to make the sign and building architectural elements as aesthetically pleasing as possible. A Special Use Permit can be obtained for (1) new and existing residential or commercial subdivisions or (2) new and existing shopping centers or industrial parks. Special Use Permits cannot be used for a single business on a single lot. The Special Use Permit process cannot be used to exceed the standards for the electronic or digital display portion of signs. The process for a Special Use Permit requires the Permit to be recommended by the Commission and approved by the Council. The meeting notifications are given to the community through a published notice and posting on the property 15 days before the hearing. Any appeals of the Commission or Council decision will go to the Hearing Officer under the provisions of Article 151.30, Appeals and Variances. A. Comprehensive Sign Plan. To receive a comprehensive sign plan special use permit, the applicant

must address (1) the need for additional signage and (2) how the signs will architecturally blend with the buildings. Additional information to be included in the application will be the size, location, height, lighting, construction materials, and orientation of all proposed signs in addition to any other information deemed necessary by the City. The sign areas and densities requested must conform to the intent of this Article.

B. Special Sign District. As an exception to the subdivision, center, or park special use permit

limitations, the owners of 60 percent or more of the street frontage, in linear feet, on both sides of the street in any defined area, may petition the City for the formation of a special sign district for the purpose of creating an integrated special sign theme in the area.

Section 151.10.0123 Street Address in Signs When street addresses are placed on any freestanding signs in commercial or industrial zoning districts, the numbers shall be at least 6 inches high and clearly legible from the street. Street numbers do not count towards the measurement of the sign face area.

DEVELOPMENT CODE

151.10-24 Amended 05/28/15

Section 151.10.0134 Removal of Certain Signs On or after the effective date of this code, any signs that no longer advertise a legitimate business or product sold at the location, shall be removed by the owner, agent, or person having the beneficial use of the building or property on which the signs are located. The signs shall be removed within ten days after receiving written notification from the City. If the signs are not removed within the time specified in the letter, the Director of Community Development is authorized to remove the signs at the expense of the owner of the building or property on which the signs are located.

DEVELOPMENT CODE

151.02.1 Amended on 2/25/16

Ordinance 2016-002

ARTICLE 151.02 DEFINITIONS

151.02.001 Purpose 151.02.002 Word Usage 151.02.003 For Brevity of Text 151.02.004 Definitions Section 151.02.001 Purpose It is the purpose of this article to define words, terms, and phrases contained within this Code and to provide illustrations for some of the words, terms, or phrases. Section 151.02.002 Word Usage 1. Words used or defined in one tense or form shall include other tenses and derivative forms. 2. Words in the singular number shall include the plural number, and words in the plural number

shall include the singular number. 3. The masculine gender shall include the feminine, and the feminine gender shall include the

masculine. 4. The word "shall" is mandatory. 5. The word "may" is permissive. 6. The word "person" includes individuals, firms, corporations, associations, trusts, and any other

similar entities. 7. In case of any difference of meaning or implication between the text of this Code and any

caption, illustration, or table, the text shall control. Section 151.02.003 For Brevity of Text 1. Board. The City of Sierra Vista Board of Adjustment. 2. Commission. The Sierra Vista Planning and Zoning Commission. 3. Council. The Sierra Vista City Council. 4. Committee. The Development Review Committee. 5. General Plan. The City of Sierra Vista General Development Plan, also identified as VISTA

2030.

DEVELOPMENT CODE

151.02.2 Amended on 2/25/16

Ordinance 2016-002

Section 151.02.004 Definitions When used in this ordinance, the following terms shall have the meanings herein ascribed to them: Air Puppet Any inflatable object, except for balloons, which is propelled or moved by forced air and not by atmospheric conditions. Sign Any object, device, display, or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination, or projected images. Sign, A-Frame A sign that is portable, self-supporting, and consists of a structure that resembles an "A". not supported by a structure in the ground, not attached to or erected against a structure, and capable of being moved. Sign, Abandoned. Any sign located on a premises where the business or activity to which it relates is no longer conducted. Sign, Air Puppet Any inflatable object, except for balloons, which is propelled or moved by forced air and not by atmospheric conditions. Sign, Animated or Moving Any sign or part of a sign which changes physical position by any movement or rotation or which gives the visual impression of such movement or rotation. Sign Area The sign area is the entire face of a sign including the advertising surface and any framing, trim, or molding, but not including the supporting structure. Sign, Banner A banner is constructed a rectangular shape of fabric or other suitable material, which is attached or suspended at two ends or continuously across the long side. Detached banners are not attached to a building and are secured to a freestanding temporary support structure, uprights, stakes or poles. Attached banners are those that are affixed to a permanent structure such as a building. A banner may be attached or suspended from buildings or poles. A banner can be defined as a temporary sign.

DEVELOPMENT CODE

151.02.3 Amended on 2/25/16

Ordinance 2016-002

Sign, Billboard A sign which directs attention to a business, commodity service, or entertainment conducted, sold or offered at a location other than the premises on which the sign is located. Sign, Bulletin Board A sign announcing activities of a permitted educational, governmental, nonprofit, religious institution, or recreation area that is constructed to permit changes of copy; not including flashing, intermittent, or moving electronic message boards. The bulletin board shall be fully enclosed with a transparent cover. Sign, Business A sign that directs attention to a business or profession conducted, or to a commodity or service sold, offered or manufactured, or to an entertainment offered on the premises where the sign is located. Sign, Digital Display See Electronic Message Center Sign Sign, Construction A temporary sign erected on the premises on which construction is taking place, during the period of such construction, indicating the names of the architects, engineers, landscape architects, contractors, or similar artisans, and the owners, financial supporter, sponsors, and similar individuals or firms having a role or interest with respect to the structure or project. Sign, Directional Signs limited to directional messages, principally for pedestrian or vehicular traffic, such as one-way, entrance, and exit. Sign, Entryway A sign located at the entryway(s) of a specific geographic region, development, or subdivision and identifies the boundaries of said areas. Sign, Electronic Message Center An electronic or electronically controlled message board, or any sign, or portion of sign, that changes its text, copy, display, and/or light intensity electronically or by electronic means. Sign, Externally Illuminated A sign illuminated by an exterior light source or luminous tubing which is primarily designed to illuminate only the sign. Sign, Facade. See Sign, Wall.

DEVELOPMENT CODE

151.02.4 Amended on 2/25/16

Ordinance 2016-002

Sign Face The area or display surface used for the message. Sign, Feather Banner A banner sign that is attached to a self-supporting post. Sign, Flashing Any sign containing an intermittent or flashing light source, or which includes the illusion of intermittent or flashing light by means of animation, or an externally mounted intermittent light source. Automatic changing signs such as public service, time, temperature, and date signs or electronically controlled message centers are classed as Changing Signs, not Flashing Signs. Sign, Freestanding A sign that is erected or mounted on its own self-supporting permanent structure or base detached from any supporting elements of building.wholly supported by a sign structure in the ground. Sign, Government Signs related to public safety, traffic, municipal boundary and identification to include public buildings located on government owned property. Signs can be either portable or permanent. Sign, Ground Any sign, other than a pole sign, placed upon or supported by the ground independent of any other structure. Sign, Ground Supported Any sign that requires structural support from the ground. Sign, H-Frame Consists of either a metal framed or unframed sign that is supported by two posts inserted into the ground and one or more crossbars between the two poles to make the entire frame one single unit. Sign Height Sign Height is measured from the highest adjacent grade or the highest point of the adjacent street grade, whichever provides the greater amount of sign height.. Sign, Holiday Decoration Holiday decoration signs are classified as temporary signs that are clearly incidental to and customarily and commonly associated with any national, local, or religious holiday.

DEVELOPMENT CODE

151.02.5 Amended on 2/25/16

Ordinance 2016-002

Sign, Home Occupation A home occupation sign is one that contains only the name and occupation of a permitted home occupation. Sign, Identification A sign identifying the nature, logo, trademark, or other identifying symbols; the address; or any combination of the name, symbol, and address of a building, business, development, or establishment on the premises where it is located. Sign, Illuminated A sign lighted by or exposed to artificial lighting either by lights in the sign or directed towards the sign. Sign, Inflatable Any object used for advertising that is inflated with air through any artificial means. Sign, Internally Illuminated An internally illuminated sign is lit wholly or partially from an internal light source. Sign, Marquee A sign which is painted, inscribed, or otherwise depicted upon and consisting of any hood or awning of permanent construction attached to or supported by a building and projecting over public property. A marquee is understood to have a frame constructed of noncombustible materials and having a fixed position. Sign, Memorial A memorial sign is a table or plaque memorializing a person, event, structure, or site. Sign, Monument A monument sign is a freestanding sign that has been provided with a base of some type (a pole cover or architectural embellishment) or stands alone on its own foundation. Sign, Multi-Tenant Building A freestanding or wall sign placed upon a building or premise of a multi-tenant commercial building. Sign, Nameplate A nameplate sign is located on the premises, giving the name or address, or both, of the owner or occupant of a building or premises. Sign, Noncomplying Any sign constructed after the effective date of this Ordinance in violation of any of the provisions of this Ordinance.

DEVELOPMENT CODE

151.02.6 Amended on 2/25/16

Ordinance 2016-002

Sign, Nonconforming Any sign in existence or under construction on the effective date of this Ordinance which does not conform to the provisions of this Ordinance, but which was or is being constructed, erected, or maintained in compliance with all previous regulations. Sign, Off Premise A sign advertising a business, products, goods, services, or facilities provided elsewhere than the premises on which the sign is located. Sign, On Premise A sign advertising only the business or the goods, services, or facilities located on the premises on which the sign is located and shall also mean and include a sign advertising for sale or lease the property on which the sign is located. Sign, Pole A sign mounted on a freestanding pole or other support so that the bottom edge of the sign face is 10 feet or more above grade. Sign, Political A temporary sign announces or supports political candidates or issues in connection with any national, state, or local election. Sign, Portable A sign not permanently affixed to a building, structure, or the ground. Sign, Post and Panel A sign that is freestanding with a durable panel mounted on removable supporting posts that are embedded into the ground without the use of cement, concrete, or other permanent material. Sign, Projecting Projecting sign shall include any sign which is attached to a building and extends more than 12 inches beyond the line of the building or more than 12 inches beyond the surface of that portion of the building to which it is attached. Sign, Real Estate A sign pertaining to the sale or lease of the premises, or a portion of the premises, on which the sign is located. Sign, Reader Board A sign display surface that may be changed.

DEVELOPMENT CODE

151.02.7 Amended on 2/25/16

Ordinance 2016-002

Sign, Roof A sign that is mounted on the roof of a building or which is wholly dependent upon a building for support and which projects above the point of a building with a flat roof, the eaves line of a building with a gambrel roof, gable or hip roof, or the deck line of a building with a mansard roof. Sign, Special Event Directional A sign that directs traffic to a special event or a designated parking area for an event that occurs on a different lot than where the sign is located. Sign, Temporary Any sign regardless of construction material, which is not permanently mounted and is intended to be displayed for a limited period of time only. Sign, Time and Temperature A time and temperature sign is a sign providing only time and temperature information. Sign, Unsafe Unsafe sign is any sign determined to be a hazard to the public by the Building Official or authorized representative. Sign Walker Any person who wears, holds, or balances a sign for purposes of advertising. Sign, Wall Any sign that is directly mounted to the face of a building or wall. painted on, attached to, or erected against the wall of a building or structure with the exposed face of the sign parallel to the plane of the wall. The angle of the wall cannot exceed 30 degrees from the vertical. Wall signs may not project more than 12 inches from the wall to which they are attached. Sign, Wall Banner A sign that is painted or displayed upon cloth or other flexible material which is affixed to the wall of a building or structure. Sign, Windblown Any object used for advertising that is blown by the wind through natural means. Sign, Window A sign that is applied or attached to the exterior or interior of a window or located in such manner within a building that it can be seen from the exterior of the structure through a window. Sign, Yard

DEVELOPMENT CODE

151.02.8 Amended on 2/25/16

Ordinance 2016-002

A small portable sign typically constructed on canvas, cardboard, cloth, light fabric, paper, pliable plastic, wallboard, or other material that is affixed to a disposable stake or frame that is embedded into ground and supported.

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Jennifer Osburn

From: KEITH MULLEN <[email protected]>Sent: Wednesday, February 07, 2018 3:41 PMTo: MayorAndCouncilSubject: Height of signs in Sierra Vista

Honorable Mayor and city Council of Sierra Vista Please do not fall back into light polluted ways as were evident before the current light code was adopted, as President of the Palominas Astronomy Club I speak for most of our 50+ members when I say keep the limit at the current 10 foot limit. The businessman along Fry Blvd do not need to blast light into the night sky when their businesses are closed. Thank you Keith Mullen President Palominas Astronomy club PACaz.org 266‐4230

21 E. Wilcox Drive • Sierra Vista, Arizona 85635 • (520) 458-6940 • Fax: (520) 452-0878 www.sierravistachamber.org

February 7, 2018

Mayor Rick Mueller & Council

1011 N Coronado Dr.

Sierra Vista, AZ 85635

Re: Sign Height Code

Dear Mayor Mueller and Members of Council,

I am writing on behalf of the Business Advocacy Committee for the Sierra

Vista Area Chamber of Commerce, we wish to express our position on the

proposed sign amendment changes, extending the current sign height

limitation from 10 feet to 15 feet.

As a committee that represents more than 540 businesses and organizations,

our purpose is to advocate on behalf of the business community and promote

growth.

By increasing the height, this would offer businesses the opportunity to

increase their visibility and promote their business and products. The height

increase, would not detract from the aesthetics code already in place at the

city. It is our understanding, the proposed code does not change the size of

the sign itself, just the height at which can be displayed.

As a business friendly community, we must continue looking for ways to

support ideas and changes that elevate existing and new businesses in our

great city.

The Sierra Vista Area Chamber Business Advocacy Committee supports the

code change to allow sign height up to 15 feet.

Sincerely,

Mary Tieman

Executive Director

Executive Officers Paul Melo Chair Williams Melo PLC Brian Barkdull Past Chair American Southwest Credit Union

Sabra Albritton Chair Elect Mall at Sierra Vista Mark Schmitt Treasurer Small Business Development Center

Board Members Kate Lawley Lawley Automotive

Sara Arsenault Sierra Vista Ace Hardware, Inc.

Susan Tawney Pioneer Title Wallace Ricks ManTech International Cooperation

Adrianne Cooper Cooper's Credit Solutions

Brad Snyder Sierra Vista Realty

Jason Bowling SSVEC

Laura Jones-Martinez

Laura Martinez,

LLC

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Jennifer Osburn

From: Bill Howard <[email protected]>Sent: Wednesday, February 07, 2018 2:13 PMTo: MayorAndCouncilCc: [email protected]; [email protected]; [email protected]: Sign Height in Sierra Vista

I understand that you are considering a proposal to allow signs of up to 15 feet along Fry Blvd. I would like to voice my strong opposition to the idea as one who loves our dark skies and the astronomy opportunities that are presented here like nowhere else. There is no need to raise the height of signs in the city and doing so will only reduce the opportunities that many people see in our 'dark sky' area. Please do not allow the sign height to increase....we have fought too hard for too long to keep our beautiful night skies the natural treasure that they are today!!!

Bill Howard

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Jennifer Osburn

From: David Roemer <[email protected]>Sent: Wednesday, February 07, 2018 3:36 PMTo: MayorAndCouncilSubject: Sign heights in Sierra Vista

Mr. Mayor and Council members, You will hear a lot (I hope) about the spread of undirected, unneeded light ruining the night skies that we all cherish. So Igo another route, raising the sign heights to fifteen feet will raise the eye angles of drivers as they look for their destination. That’s eye angles that are up searching in the trees and other polls and signage and away from the street level with the cars and pedestrians that should deserve their attention. It’s not just about unwanted light and glare it is also about safety. Don’t disconnect the signs from the streets. Do not raise the signs. David Roemer President Huachuca Astronomy Club

From: Jeff PreglerTo: Maria MarshCc: Jill AdamsSubject: FW: Advertising sign heightDate: Thursday, February 08, 2018 10:03:05 AM

Hi Maria,Here is another public comment to add to the Council packet related to the sign text amendments. Thanks,

From: Jennifer Osburn Sent: Thursday, February 08, 2018 8:53 AMTo: Jeff PreglerSubject: FW: Advertising sign height

From: D ERIC ALLEN [mailto:[email protected]] Sent: Wednesday, February 07, 2018 5:29 PMTo: MayorAndCouncil <[email protected]>Subject: Advertising sign height Advertising has invaded every aspect of modern life. The last thing we need is toencourage more of it. Please do not allow increased height of billboards. Thank you.Eric Allen

mailto:/O=COSV-EXCHANGE/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=5B804B5B-AE7E10EA-725693F-6D84B0

mailto:[email protected]




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February 8, 2018 MEMO TO: Honorable Mayor and City Council THROUGH: Charles P. Potucek, City Manager Victoria Yarbrough, Assistant City Manager FROM: Matt McLachlan, AICP Community Development Director Jeff Pregler, AICP, Senior Planner SUBJECT: REQUEST FOR AGENDA ITEM PLACEMENT DECLARING A 30-DAY PUBLIC RECORD PUBLIC HEARING Resolution 2018-013 Proposed Development Code Text Amendments-Communication Towers/Amateur Radio Antennas Article 151.06-Special Regulations for Particular Uses REQUESTED ACTION: Approval of Resolution 2018-013, Declaring as Public Record text amendments to the Sierra Vista Development Code as shown on Exhibit A.

RECOMMENDATION:

The City Manager recommends approval. The Director of Community Development recommends approval. The Planning & Zoning Commission recommended approval with a vote of 5-0. APPLICANT: City of Sierra Vista SUMMARY: The City has been receiving a number of inquiries about the installation of amateur radio antennas within residential zoning districts. However, the Development Code does not currently provide clear standards for these antennas. Development Code Section 151.04.005, Exceptions to Height Limitations, provides a height exemption for "non-commercial radio or television antennas." Although this section has been used in the past to allow additional height for amateur radio antennas, the reference to non-commercial radio antennas is interpretative and no installation standards are provided. For these reasons, staff is proposing amendments that both define amateur radio antennas and provide safety and aesthetic standards. In addition, staff is also recommending a review process be established that defines permitting requirements. Specifically, a building permit

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would only be required when antennas are installed with permanent mounting or support, or have a base diameter more than 2.5 inches. Further, a Conditional Use Permit will be required when the height of the antenna exceeds 70 feet in height or the base diameter exceeds 12 inches. According to the Federal Communications Commission (FCC) Memorandum Opinion and Order in PRB-1, local jurisdictions are required to reasonably accommodate amateur radio installations. As such, City staff met with members of the Cochise Amateur Radio Association to discuss potential standards for amateur radio antennas. These standards reflect the comments from the Association in addition to standards from other jurisdictions In addition to the amendments related to amateur radio antennas, staff is also proposing clarifications to the commercial communication tower standards. Staff recently proposed City Code text amendments establishing regulations for wireless facilities within the public right-of-way which is currently being considered by the City Council (Chapter 92 in the City Code of Ordinances). As a result, the language within Section 151.06.008 needed to be amended to specify that the standards only apply to communication towers located on private and public property and not public right-of-way. A citation to Chapter 92 is also included as an amendment to this Section.


The Planning & Zoning Commission held a public hearing on the amendments on January 16, 2018. There were no public comments at the meeting. The Commission voted to unanimously approve the amendments with a vote of 5-0. Subsequent to the Planning & Zoning Commission meeting, staff met with representatives from the local amateur radio association who provided comment regarding the amendments. Based on this discussion, the amendments, specifically the permitting process, were revised to the current proposal. The Commission approval was based on the original set of amendments. PUBLIC COMMENTS The City placed an ad in the newspaper which described the amendments and provided the date and time of the public hearings. The amendments are also posted on the City website for public viewing. Staff provided a copy of the amendments to members of the local amateur radio association. Apart from the comments received from the amateur radio association, no public comments have been received regarding the amendments.

Attachments: Resolution Exhibit A, Proposed Text Amendments

RESOLUTION 2018-013

A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SIERRA VISTA, COCHISE COUNTY, ARIZONA; DECLARING A 30-DAY PUBLIC RECORD PERIOD FOR AMENDMENTS TO CHAPTER 151 OF THE CITY CODE OF ORDINANCES, THE DEVELOPMENT CODE, AS SHOWN IN EXHIBIT A, ATTACHED HERETO; AND AUTHORIZING AND DIRECTING THE CITY MANAGER, CITY CLERK, CITY ATTORNEY, OR THEIR DULY AUTHORIZED OFFICES AND AGENTS TO CARRY OUT THE PURPOSES AND INTENT OF THIS RESOLUTION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR SEVERABILITY.

WHEREAS, in accordance with established policy and development code procedures, the City of Sierra Vista has proposed text amendments to the following Development Code Section; Article 151.06 Special Regulations for Particular Uses; and

WHEREAS, Article 151.31 of the Development Code requires that the City Council review and decide on all applications for text amendments; and WHEREAS, per Article 151.31, the Planning & Zoning Commission recommended approval of the amendments to City Council; and WHEREAS, under the provisions of Section 9-802 of the Arizona Revised Statutes, the proposed amendments to the City’s Development Code shall be declared a matter of public record for a period of 30 days prior to being passed and adopted by ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SIERRA VISTA, COCHISE COUNTY, ARIZONA, AS FOLLOWS: SECTION 1 That the following goals and policies of VISTA 2030, the City of Sierra Vista General Plan are reaffirmed: Citizen Participation Goal 1-1; "increase citizen participation in the governmental decision process." SECTION 2 That the certain document entitled Exhibit A, proposed amendments to Development Code attached hereto, copies of which are on file in the office of the City Clerk, is hereby declared a 30-day public record. RESOLUTION 2018-013 PAGE ONE OF TWO

SECTION 3 That the City Manager, City Clerk, City Attorney, or their duly authorized officers and agents are hereby authorized and directed to take all steps necessary to carry out the purposes and intent of this resolution. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SIERRA VISTA, ARIZONA, THIS 8TH DAY OF FEBRUARY 2018. _______________________ FREDERICK W. MUELLER Mayor APPROVED AS TO FORM: ATTEST: ________________________ ______________________ NATHAN WILLIAMS JILL ADAMS City Attorney City Clerk PREPARED BY: Jeff Pregler, AICP Senior Planner RESOLUTION 2018-013 PAGE TWO OF TWO

DEVELOPMENT CODE

151.06-15 Approved on 4/14/16 Ordinance 2016-003

Section 151.06.008 Communications Facilities

A. Intent

1. The intent of this section is to establish general guidelines for the siting of towers and other structures used for the provision of communication services, including but not limited to wireless telecommunications and associated antenna, ground equipment, and accessory structures related to wireless telecommunications infrastructure, and to provide for the health, safety, and general welfare of the public from:

a. Potential injury to citizens and damage to property from falling towers or items falling from a tower;

b. Potential injury to people while playing around towers and their appurtenant compounds;

c. Potential aesthetic harm to residential communities; and

d. Potential negative economic impacts on the scenic tourist industry.

B. Goals

1. The goals of this Section are to encourage the location of towers in nonresidential areas and minimize the total number of towers throughout the community; strongly encourage the joint use of new and existing tower sites; encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas; establish review procedures to ensure that applications for telecommunications facilities are acted upon within a reasonable period of time; and enhance the ability of the providers of telecommunication services to provide such services to the community quickly, effectively and efficiently.

C. Definitions

1. Accessory antennas: A facility that is an accessory to an existing use or structure, and is clearly incidental to or subordinate in terms of purpose, area and extent.

2. Alternative structure: A structure that is not primarily constructed for the purpose of supporting antennas but on which one or more antennas may be mounted. Alternative structures include, but are not limited to, buildings, water tanks, light stanchions, pole signs, billboards, church steeples and electric power transmission towers.

2. 3 Amateur Radio Antenna: An arrangement of wires or metal rods used in the sending and receiving of electromagnetic waves and as authorized by the issuance of an amateur radio license by the FCC, provided that the transmission and reception of such electromagnetic waves is compliant with all FCC regulations.

DEVELOPMENT CODE


3.4. Ancillary structure: Equipment, devices and structures associated with a wireless communications facility, including but not limited to: concrete slabs on grade, guy anchors, generators, feed lines, mounting hardware, pedestals, electrical risers and transmission cable supports; however, specifically excluding fencing, equipment cabinets, towers, alternative structures, and antenna elements.

4.5. Antenna: Any exterior apparatus designed for communications through the sending and/or receiving of electromagnetic waves.

5.6. Camouflage techniques: Sometimes referred to as a concealed or stealth facility. A tower or antenna designed to unobtrusively blend into the existing surroundings, be disguised so as to not have the appearance of a communications facility, or be designed or located in such a manner that the tower or antenna is not easily discernable from surrounding properties. These types of facilities may be attached or freestanding. Attached facilities may be camouflaged through the use of paint to match the building or structure, and through the use of faux windows, dormers or other architectural features that blend in with the building or structure. Examples of freestanding facilities include the form and shape of a tree, bell tower, steeple, clock tower, light standard, flagpole and other techniques which serve to diminish the visual impact of the tower or antenna.

6.7. Co-location: The practice of installing and operating multiple antenna systems, owned or controlled by multiple wireless service providers, and/or radio common carrier licensees on the same tower, antenna support structure, or alternative structure using different and separate antenna, feed lines, equipment cabinets, generators and other radio frequency generating equipment.

7.8. Communication facilities: is the general term used to collectively describe all the various communication towers, antennas, networks, systems, arrays, equipment, devices and structures defined in this Section.

8.9. Equipment cabinet: Any structure, including: cabinets, shelters, pedestals, and other similar structures that are used exclusively or in combination with ancillary facilities, to contain radio or other equipment necessary for the transmission or reception of wireless communication signals.

9.10. Equipment compound: The fenced area surrounding the ground-based wireless communication facility that includes the following: the tower or antenna support structure’s framework and ancillary structures such as equipment necessary to operate the antenna, cabinets, shelters, pedestals, emergency generators and other similar structures.

10.11. FAA: Federal Aviation Administration.

11.12. FCC: Federal Communications Commission.

12.13. Geographic service area: An area designated by a wireless provider or operator for a new base station and antenna elements, produced in accordance with generally accepted principles of wireless engineering.

DEVELOPMENT CODE


13.14. Height: The distance measured from ground level to the ultimate highest point on the tower or other structure, even if the highest point on the tower or structure is the antenna.

14.15. Monopole tower: A style of free-standing tower consisting of a single shaft usually composed of two or more hollow sections used to conceal all feed lines that are in turn attached to a foundation. This type of tower is designed to support itself without the use of guy wires or other stabilization devices.

15.16. Primary use: The predominant use of the land or structure.

16.17. Substantial change: A modification that substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:

a. For towers other than towers in the public rights-of-way, it increases the height of the tower by more than ten (10) percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than ten (10) percent or more than ten (10) feet, whichever is greater.

b. For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty (20) feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six (6) feet;

c. For any eligible support structure, it involves installation of more than standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets, or for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten (10) percent larger in height or overall volume than any other ground cabinets associated with the structure. Please refer to Chapter 92, Wireless Facilities in Public Right-of-Way, of the City Code of Ordinances for specific development and submittal requirements for wireless facilities within the right-of-way;

d. It entails any excavation or deployment outside the current site;

e. It would defeat the concealment elements of the eligible support structure; or

f. It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds in paragraphs (a) through (d) of this definition.

DEVELOPMENT CODE


17.18. Tower: Any structure designed and constructed primarily for the purpose of supporting one (1) or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like.

C. Inventory of existing sites and geographic service area; other information required.

1. Every applicant for a telecommunications antenna and/or tower shall provide an inventory of its existing facilities within the City and within one-quarter (¼) mile beyond the City limits. This inventory shall include specific information about location, height, design and service limitation of each facility.

2. Each applicant shall also include a description of the geographic service area of the proposed facility.

3. If requested by the City, the applicant shall provide whatever technical and other information the City deems necessary to determine issues such as whether these regulations prohibit or have the effect of prohibiting service to the community or would interfere with existing service. At a minimum, this information should include a radio frequency propagation plot plan indicating the coverage of existing facilities, coverage prediction, and design radius, together with an analysis from the applicant's RF Engineer that the coverage cannot be provided by an existing telecommunications (including co-locations), structure, utility distribution tower or other site, including a review of existing structures within the proposed service area, and why they were found to be unacceptable.

D. Accessory telecommunications antenna and ancillary structure.

1. An accessory telecommunications antenna and/or ancillary structure shall be permitted by right in all zoning districts subject to the following requirements:

a. The antenna is installed as accessory to any existing tower or other alternative structure appropriate for antenna location; including, but not limited to, a multi-storied building (with the exception of any residential building containing fewer than five units), sign, light pole, water tower, steeple, or transmission tower located outside of the public right-of-way.or other public infrastructure; and

b. The antenna shall not add more than twenty (20) feet in height to the existing tower or alternative structure; and

c. Other supporting equipment used in conjunction with the antenna shall be allowed as an accessory structure provided the equipment is appropriately screened or camouflaged; and

d. The antenna and supporting equipment must be of a neutral color that is identical to, or closely compatible with the color of the supporting structure to make the facility as visually

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unobtrusive as possible. Where the antenna is attached to an existing structure other than a co-location on an existing communications or electric transmission tower, alternative materials, textures and camouflage techniques shall be utilized to conceal the facility; and

e. Artificial lighting shall not be utilized unless required by the FAA or other applicable authority. Any required lighting shall be designed to minimize disturbance to adjoining properties and views; and

f. A building permit from the City shall be required; and

g. For antenna that co-locates on existing towers or support structures, outside of the public right-of-way, a licensed professional engineer shall certify that the tower or support structure can support the number of shared users without structural or technological interference.

E. Telecommunications towers

1. Telecommunications Towers shall be permitted by right as an accessory use on non-residentially zoned or used property, including City-owned property and rights-of-way, or as a primary use on property located within the General Commercial, Light Industrial, Industrial Park and Heavy Industrial zoning districts; provided, however, any telecommunications tower located within 150 feet of a property zoned or used for residential purposes shall be subject to the conditional use review and approval procedures under Article 151.26 of this Code.

2. The minimum setback distance from the property line shall be equal to 110 percent of the height of the proposed tower; provided, however, when the subject property adjoins a property zoned or used for residential purposes, the minimum setback distance shall be equal to twice the height of the proposed tower from the residentially zoned property line, excluding the property on which the proposed tower is located. The Development Review Committee may reduce the required setback for towers that do not adjoin residentially zoned property and are constructed using breakpoint design technology as certified by a registered professional engineer which in that case the minimum setback distance shall be equal to 110 percent of the distance from the top of the structure to the breakpoint level of the structure, or the minimum side and rear yard requirements, whichever is greater.

3. Any tower proposed to exceed sixty (60) feet in height shall be subject to the conditional use review and approval procedures provided under Article 151.26 of this Code.

4. Towers shall be engineered and constructed to encourage and allow for future co-location by other service providers. All towers taller than sixty (60) feet in height shall be engineered and constructed to accommodate no less than three (3) antenna arrays.

5. Tower guys and accessory facilities must satisfy the minimum setback requirements as set forth in this Code for the particular district.

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6. Towers shall either maintain a galvanized steel finish, or subject to any standards of the FAA, and be painted a neutral color to reduce visual obtrusiveness. Camouflage techniques shall be utilized where feasible and, and if determined infeasible, the applicant shall submit a written justification as to the reason.

7. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. All lights on towers and antennas of any height shall be up-shielded.

8. Supporting equipment shall be designed to blend in with the natural setting or built environment through the use of color, screening, materials, textures or other technique.

9. Supporting equipment shall be fully concealed behind a masonry wall enclosure painted a neutral color.

10. The exterior perimeter of the masonry wall enclosure shall contain a minimum fifteen (15) foot wide landscape perimeter buffer containing at least one (1) row of large species trees with a minimum twelve (12) foot tall and two and one-half (2.5) inch diameter (caliper) and five (5) foot spread, twenty-five (25) foot on center. Shrubs capable of creating a continuous hedge and obtaining a height of at least six (6) feet shall be planted, minimum three (3) gallon and twenty-four (24) inches at the time of planting, five (5) foot on center. The City may administratively modify these requirements based on site constraints where the alternate landscape plan will fulfill the intent of this screening requirement.

11. Towers shall not be used for advertising.

12. Signage is required to be placed on the antenna support structure, equipment cabinets, or fence for the purpose of identifying the antenna support structure (either by the ASR registration number or other identifying information) as well as the party responsible for the operation and maintenance of the facility.

13. Towers shall only be permitted where the applicant has provided substantial competent evidence demonstrating that existing towers or structures cannot accommodate and provide the proposed telecommunications service for any of the following reasons:

a. No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements.

b. Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

c. Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related requirements.

d. Existing towers or structures would cause electromagnetic interference to existing or proposed antenna.

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e. The costs or contractual provisions to adapt an existing tower or structure exceed the development costs for a new tower.

f. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable or unable to provide adequate telecommunications service.

14. A visual line of site analysis, including photo-simulated post construction renderings shall be submitted to enable the City to assess the visual impact upon surrounding properties.

F. Amateur Radio Antennas

1. Amateur radio antennas and any ancillary structures shall be permitted by right as an accessory use in all Single-Family Residential Zoning Districts, provided the principal residence is a single-family detached structure.

2. Amateur radio antennas shall meet the following installation standards if they meet both of these criteria: 1) The antenna is connected to a permanent mounting or support structure; 2) The base diameter of the antenna is greater than 2.5 inches.

a. The height shall not exceed 70 feet above ground level, measured from the base of the support structure or other structure or building to which an amateur radio antenna array is attached.

b. The antennas and ancillary structures shall be located within the rear yard and must be located on the same lot as the principal structure.

c. The antenna ancillary structures shall be made of corrosion-resistant materials.

d. The antenna and ancillary structures shall be setback from a property line a distance equal to 50 percent of the antenna's height as measured in subsection 2 above.

e. A building permit shall be required containing appropriate engineering data confirming compliance with all regulations set forth in the building code in effect at the time of the application submission.

f. Any proposed antenna that exceeds the maximum height requirement as stated in subsection 2 above, shall be subject to the conditional use review and approval procedures provided under Article 151.26 of this Code.

G. Federal requirements and safety standards.

1. All towers and antennas must meet or exceed current standards and regulations of the FAA and FCC, and any other agency of the federal government with authority to regulate towers and antennas. If such standards are changed, the owners of the towers and antennas governed by

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this Code shall bring such towers and antennas into compliance with the revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute a violation of this Code.

2. If upon inspection, the City Building Official at any time finds that the structural integrity of the tower or antenna constitutes a danger to persons or property, the owner of the tower or antenna shall be given written notice of the condition and shall have fifteen (15) days to make the tower or antenna structurally sound in accordance with the standard set forth in the applicable codes.

H. Maintenance.

1. The owner of any communication facility is responsible for maintaining all required landscaping and ancillary structures in good condition and in accordance with permit conditions as determined by the City. The City will notify the owner to replace or repair any portion of the communication facility that falls in disrepair or fails to maintain the approved design aesthetic. The owner shall correct any violation under this section within 60 days. Any violation of this section shall be subject to the penalties provided under Section 151.32.004 and may result in the revocation of the original permit.

I. Removal of abandoned towers and antennas. 1. Any tower or antenna that is not operated for a continuous period of six (6) months shall be

considered abandoned, and the owner of such tower or antenna shall remove same within sixty (60) days of receipt from the City notifying the owner of such abandonment. If such tower or antenna is not removed within sixty (60) days, the facility shall be in violation of this Code. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower or antenna.

J. Variance procedures.

1. Any request to deviate from the requirements of this Section shall be processed in accordance with the requirements of Article 151.30 of this Code.

2. In addition to the standards of Section 151.30.005 of this Code, the applicant shall be required to demonstrate that the regulation prevents the applicant from providing service to the area, and that other options for providing service are not available or reasonable.

K. Approval process.

1. All applications for telecommunications antenna and towers shall be reviewed for completeness. If any item required by this Section 151.04.018, or as required elsewhere by this Code, is not provided, the application shall be deemed incomplete.

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2. Applicants shall be notified within 20 business days whether the application is complete. If the application is determined to be incomplete, the City shall identify the missing items or deficiencies that the applicant must correct and/or resubmit. After the information is resubmitted, the City shall have an additional 20 days to make a determination of completeness.

3. Once a determination has been made that an application is complete, applications for accessory telecommunications antenna shall be processed within 45 business days, and applications for telecommunications towers as a primary use shall be processed within 90 business days, unless the application is scheduled for City Council action at the regularly scheduled meeting following the 90-day period.

4. The applicant and the City may mutually agree upon a modification or waiver of these timeframes.

L. Permit Levels.

1. Level 1. The development order (building permit) issued by the City to an individual, corporation, partnership, or other entity to engage in the creation of:

a. An accessory telecommunications antenna or ancillary structure.

a.b. Amateur radio antennas installed with permanent mounting or support, or antennas that have a base diameter greater than 2.5 inches.

b.c. A modification to an existing, lawfully constructed tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:

(1) Collocation of new transmission equipment;

(2) Removal of transmission equipment; or

(3) Replacement of transmission equipment.

2. Level 2. The development order (modified site plan and/or building permit) issued by the City to an individual, corporation, partnership, or other entity to engage in the creation of:

a. A telecommunications tower that is 60 feet or less in height

3. Level 3. The conditional use permit issued by the City Council, pursuant to the public hearing process and requirements set forth in Article 151.26 of this Code, to an individual, corporation, partnership, or other entity to engage in the creation of:

a. A telecommunications tower that exceeds 60 feet in height or is located within 150 feet of a property zoned or used for residential purposes.

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a.b. Amateur radio antennas that exceed 70 feet or antennas with a base diameter that exceeds 12inches.

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Section 151.06.009 Mobile Food Vendor A. Minimum Requirements and Restrictions:

1. Mobile food vendors shall have and maintain the authority or permission to use the parcel of

private property on which the mobile vending operation is located, and shall provide, and update as necessary, written evidence to the Community Development Director of that authorization or permission.

2. The use of a portable generator or connection to a source of electricity shall comply with the minimum requirements of the National Electrical Code, as adopted under Sec. 150.01 of the City Code, or in a manner approved by the Building Official.

3. Illicit connection or discharge to any wastewater collection system is prohibited pursuant to Chapter 50 of the City Code.

4. Mobile food vending units shall not be placed or located within the clear vision area as defined

under Section 151.04.010 of this Code.

5. No mobile vending unit shall operate at any location other than that established on the plot plan submitted with the application as required by this Section.

6. Any mobile vending unit shall be removed from the site during the hours of non-operation.

7. The area within which a mobile food vendor is operating shall at all times be kept clean and free from litter, garbage, rubble, and debris.

8. A mobile food vendor shall not make use of any outdoor cooking facilities, including grills.

9. Temporary structures, such as portable tables, chairs, and awnings may be used in the conduct of operations in a safe and approved manner.

10. Advertising shall be permitted on the mobile food vending unit only to identify the name of the product or name of the vendor, and the posting of prices. No temporary signs are allowed.

B. Permit Required.

1. It shall be unlawful for any mobile food vendor, except those operating on an itinerant basis, to engage in business within the city without first obtaining a permit. In addition to the requirements of subsection (A), the Community Development Director or Fire Marshal may impose additional conditions of approval deemed necessary to protect the public interest, which shall be stated on a written permit certificate.

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2. The permit certificate shall be valid for one (1) year from the date of issuance unless sooner suspended or revoked. Failure to abide by the conditions of approval of subsection (A) and any additional conditions included in the permit by the Community Development Director shall be grounds for immediate suspension and/or revocation of the permit.

3. The permit certificate shall be attached to the mobile vending unit where it is readily visible.

4. The permit fee shall be $25.00. C. Exceptions. The provisions of this Section shall not apply to itinerant vendors, festivals, community

projects or public events which occur on a periodic basis and which are specifically approved by the City Council or City Manager and/or his or her designee.

February 8, 2018 Memorandum To: Honorable Mayor and City Council Thru: Charles P. Potucek, City Manager Victoria Yarbrough, Assistant City Manager From: Matt McLachlan, AICP

Director, Community Development Subject: REQUEST FOR AGENDA ITEM PLACEMENT Ordinance 2018-001 City-Initiated Amendments to Title IX, General Regulations, City of Sierra Vista Code of Ordinances, Amending Chapter 92 to Establish Regulations, Permit Application and Right-of-Way Use Fee for Wireless Facilities in Public Rights-of-Way STAFF RECOMMENDATION: The City Manager recommends approval. The Assistant City Manager recommends approval. The Director of Community Development recommends approval. APPLICANT: City of Sierra Vista BACKGROUND: On March 31, 2017 House Bill 2365 wireless facilities; rights-of-way was signed into law, which allows wireless providers to install and operate small cells and related equipment in city, town, and county rights-of-way and public easements. The effective date of HB 2365 is August 9, 2017. Cities and towns are required to establish and make available rates, fees and terms that are consistent with HB 2365 by February 9, 2018 or three months after receiving the first request by a wireless provider, whichever is later. Therefore, the subject Ordinance contains an emergency clause to make its provisions effective upon passage and adoption. Per A.R.S. § 19-142(B), passage of an emergency ordinance requires an affirmative vote of three-fourths of the City Council. Small cells are low-powered wireless base stations that typically provide coverage for targeted indoor or localized outdoor areas to provide better access to cell phone coverage and high speed wireless data services. Small wireless facilities are limited in size to six cubic feet for the antennas and twenty eight cubic feet for the wireless equipment that is required to send and receive radio signals at the site. HB 2365 allows local governments to develop reasonable, objective standards for the design of the small cell wireless site, however, the bill precludes cities from imposing separation standards from residential units or other small cell wireless sites.

The proposed amendments contained in Resolution 2017-106 provide for the definition of terms, application and registration requirements, objective design and construction standards, required camouflaging of equipment to blend in with the surrounding environment, permit application and right-of-way use fees by facility type, and standards of review and approval and processing timeframes for wireless facilities to be placed within public rights-of-way. Communication facilities on city owned or private property will continue to be regulated by Sections 151.08.13 and 151.06.008 of the Sierra Vista Development Code. The proposed amendments were developed in concert with City Engineering Staff, who will be chiefly responsible for administering the provisions of this chapter. PRIOR CONSIDERATION BY MAYOR AND CITY COUNCIL On December 14, 2017, the Mayor and City Council approved Resolution 2017-106 providing for a 30-day public record for review and comment on the proposed amendments. No public comment has been received to date. BUDGET IMPACT The proposed fees and charges for small wireless facilities must be proportionate to the direct and actual cost of maintaining the right-of-way. No significant budget impact is anticipated.

ORDINANCE 2018-001

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SIERRA VISTA, COCHISE COUNTY, ARIZONA, ADOPTING BY REFERENCE TEXT AMENDMENTS TO THE CITY OF SIERRA VISTA CODE OF ORDINANCES, TITLE IX, GENERAL REGULATIONS, BY AMENDING CHAPTER 92 TO ESTABLISH REGULATIONS FOR WIRELESS FACILITIES IN PUBLIC RIGHTS-OF-WAY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AUTHORIZING AND DIRECTING THE CITY MANAGER, CITY CLERK, CITY ATTORNEY, OR THEIR DULY AUTHORIZED OFFICES AND AGENTS TO CARRY OUT THE PURPOSES AND INTENT OF THIS ORDINANCE; AND DECLARING AN EMERGENCY.

WHEREAS, the City of Sierra Vista previously adopted the Sierra Vista City

Code of Ordinances which regulates authorized uses within the right of way, among other regulations; and

WHEREAS, technological advances in the wireless communications industry and in state law necessitates an amendment to the City of Sierra Vista Code of Ordinances; and

WHEREAS, as required by Arizona Revised Statute § 9-802, the proposed text amendments were declared a public hearing as Resolution 2017-106 and a thirty-day public record period was declared; and

WHEREAS, as required by Arizona Revised Statute § 9-802, three copies of the proposed text amendments were filed with the City Clerk and kept available for public use and inspection during the public record period.

WHEREAS, HB 2365, relating to wireless services, was approved by the Arizona Legislature and signed into law by Governor Ducey and became effective on August 9, 2017;

WHEREAS, HB 2365 amends Title 9, Chapter 5, Arizona Revised Statutes, by adding Article 8, Use of Public Highways by Wireless Providers;

WHEREAS, A.R.S. §§ 9-592(E) requires cities to establish and make available rates, fees and terms consistent with state law by February 9, 2018;

ORDINANCE 2018-001 PAGE ONE OF TWO

NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SIERRA VISTA, ARIZONA AS FOLLOWS: SECTION 1

That the provisions of Resolution 2017-106 which have heretofore been declared a public record pursuant to the provisions of Section 9-802 of Arizona Revised Statutes, are hereby referred to, adopted, and made a part hereof as if set forth fully herein.

SECTION 2

All other ordinances or parts of ordinances in conflict with this ordinance, to the extent of such conflict and no further, are hereby repealed. Should any section, clause or provision of this Ordinance be declared by the courts to be invalid, such invalidity shall not affect other provisions, which can be given effect without the invalid provision, and to this end, the provisions of this Ordinance are declared to be severable.

SECTION 3

That the City Manager, City Clerk, City Attorney, or their duly authorized officers and agents are hereby authorized and directed to take all steps necessary to carry out the purposes and intent of this Ordinance.

SECTION 4

That the immediate operation of the provisions of this Ordinance is necessary for the preservation of public peace, health and safety, an emergency is hereby declared to exist and this Ordinance shall be in full force and effect from and after its passage.

PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SIERRA VISTA, ARIZONA THIS 8TH DAY OF FEBRUARY, 2018.

______________________________

Frederick W. Mueller Mayor APPROVAL AS TO FORM: ATTEST: _______________________ _____________________ Nathan J. Williams Jill Adams City Attorney City Clerk

PREPARED BY: Matt McLachlan, AICP Community Development Director ORDINANCE 2018-001 PAGE TWO OF TWO

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February 8, 2018 MEMO TO: Honorable Mayor and City Council THROUGH: Charles P. Potucek, City Manager Victoria Yarbrough, Assistant City Manager FROM: Matt McLachlan, AICP Community Development Director Jeff Pregler, AICP, Senior Planner SUBJECT: REQUEST FOR AGENDA ITEM PLACEMENT Ordinance 2018-002 Proposed City Initiated Amendments to the following Development Code/City Code Sections: Water Adequacy Clarifications Article 151.19, Subdivision Regulations Manufactured Home and RV Development Standards Article 151.02, Definitions Section 151.22.006, Matrix of use Permissions by District Section 151.22.011, Manufactured Home Residential Zoning District Administrative Modifications and Fence & Wall Height Section 151.04, Supplementary District Regulations Administrative Site Plan Standards and Submittal Requirements Administrative Site Plan Standards and Submittal Requirements Article 151.18, Site Plans Increased Commercial Building Heights; Reduced Building Setbacks in Infill Incentive District Article 151.02, Definitions Section 151.22.018, General Commercial Zoning Districts Water Harvesting Section 151.04.015, Required Drainage Facilities Article 151.09, Off-Street Parking & Loading Article 151.15, Landscaping, Walls, Screening, Buffer Removal/Text Relocation of Article 151.05, Performance Standards Article 151.05, Performance Standards Article 151.08.007, Sewerage Facilities Chapter 150 of City Code, Building and Property Maintenance Code Chapter 93 of City Code, Noise Property Maintenance Enforcement Chapter 150 of City Code, Building and Property Maintenance Code

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REQUESTED ACTION: The City of Sierra Vista is requesting the approval of proposed Development Code text amendments to the Articles and Sections as described in Exhibit A.

RECOMMENDATION:

The City Manager recommends approval. The Director of Community Development recommends approval. The Planning & Zoning Commission recommended approval with a vote of 4-1. APPLICANT: City of Sierra Vista 30-DAY PUBLIC COMMENT PERIOD The Mayor and City Council adopted a 30-day public comment period for the proposed text amendments on December 14, 2017 with Resolution 2017-104. Apart from the initial written comments provided to City Council at the December 14, 2017 meeting, no additional public comments have been received. SUMMARY: The Department of Community Development regularly reviews current code provisions and procedures to identify ways in which the staff and the City can improve efficiencies, clarify requirements and help residents and business owners move through the development process more easily. As a result, the Department created a 2017/2018 work program which provided a summary of proposed Development Code Amendments that are to be completed by the end of the 2018 fiscal year. The work program was presented before the City Council at a work session on May 23, 2017 and before the Planning & Zoning Commission on June 26, 2017. After receiving positive feedback from both reviewing bodies, the Department proceeded with writing the amendments. The Department presented the draft code amendments to the Planning & Zoning Commission at their September 19, 2017 meeting and held a public hearing before the Commission on October 17, 2017. Staff has integrated the comments from the various meetings into the amendments.

The Council will be considering code amendments that relate to various development categories that encompass various Sections of the Development Code and the City Code of Ordinances. The memo will organize the amendments by category with the various applicable Code Articles, Sections, and Chapters identified. Although the proposed amendments between the Development Code and the City Code of Ordinances are interrelated, two staff memo's and two separate resolutions are required for approval because the amendments are applicable to two separate documents.

Water Adequacy Clarifications

Applicable Development Code Article: 151.19, Subdivision Regulations

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On April 18, 2008, the Cochise County Board of Supervisors adopted new county subdivision regulations that were enabled by state legislation. These regulations state that, before the county can approve a new subdivision, the State Director of Water Resources must determine that there is an adequate water supply as defined by the state. The legislation required that, when a county adopts the new regulations, all cities within that county are automatically covered by the same provisions. As such, on November 13, 2008, the City amended the subdivision regulations to reflect these new provisions. The amendments included submittal of an approved letter of water adequacy from the Director of Water Resources in conjunction with the final plat and the inclusion of a note on the final plat indicating the approval date of the water adequacy letter.

From a review of the existing water adequacy language the definition of subdivision was unclear. According to the state legislation, water adequacy is only applicable to the county definition of subdivision which includes splitting property into 6 or more lots. The municipality definition of a subdivision is the splitting of property into 4 or more lots. To avoid this confusion, an amendment was included that made reference to the Arizona Revise Statutes county definition of subdivision which helps to clarify that water adequacy is only applicable to those subdivisions meeting the county definition.

Manufactured Home and RV Development Standards

Applicable Development Code Sections: 151.02.003 Definitions; 151.22.006, Matrix of Use Permissions by District; 151.22.011, Manufactured Home Residential Zoning District

According to Development Code Section 151.22.011.(D)(2) the Manufactured Home Residential District (MHR) limits the number of lots used for travel trailer and/or recreational vehicles to 20 spaces in manufactured home parks with 199 or fewer manufactured home spaces or 10 percent of the total spaces in parks with 200 or more manufactured home spaces. To provide additional development flexibility, an amendment has been included that would permit up to 30 percent of the spaces within a manufactured home park to be dedicated to recreational vehicles. There has been a recent trend to provide various forms of land uses at manufactured home parks and this amendment reflects this market trend. Other amendments include adding a definition of Manufactured Home Park and simplifying development standards for the MHR Zoning District.

Administrative Modifications and Fences & Wall Height

Applicable Development Code Sections:151.04, Supplementary District Regulations

Development Code Section 151.04.006, currently provides for the Modification of Setback process (changed to Administrative Modification of Dimensional Standards) which allows property owners an avenue to reduce the side and rear yard building setbacks for existing homes. The first amendment, which is applicable to existing single family residences, clarifies that a building setback shall not be less than 5 feet to the rear and side property line unless abutting a platted alley or dedicated drainageway, where the setback cannot be less than one foot. The second amendment allows for additional setback flexibility for properties within the

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Infill Incentive District area by allowing setback reductions for both new and existing single family residences. In addition, a reduction to a front yard setback can be requested provided the setback is not less than 15 feet from the front property line adjoining the primary frontage or less than 10 feet from the front property line adjoining the secondary frontage. However, no reduction will be allowed for the portion of the front facade containing an enclosed garage or carport, to ensure the parking of vehicles is wholly contained on private property. Another Section to be amended is 151.04.011 which currently requires that residential walls and fences not exceed a height of 3 feet when located within the front yard setback area. The purpose of the height restriction is to allow for vehicle site visibility. However, the City has received a number requests asking for additional wall height for privacy. Therefore, one of the amendments would allow a wall height of 4 feet on property less than 10,000 square feet and 5 feet in height on property greater than 10,000 square feet. The larger lots will typically have greater street frontage and larger separation between homes, thus allowing drivers additional time to observe any conflicts.

The final amendment relates to the height of residential fences or walls located in a side and rear yard. The Development Code Section 151.04.011 currently requires that the height of fences or walls in these areas not exceed 6 feet. The City has received a number of requests to increase the height of these walls, again for increased privacy. In response, the City is proposing that requests for additional wall height be processed through an Administrative Modification. This process will be administrative and allow staff to review each request for wall height using objective criteria and standards and also allow comment by the affected property owners. The request must be certified by a registered engineer or architect that the existing wall or fence can support additional height.

Administrative Site Plan Standards and Submittal Requirements

Applicable Development Code Article: 151.18, Site Plans

The Development Code Section 151.18.005 currently allows minor commercial site development to be processed as a modified site plan, which allows for reduced submittal standards compared to the site plan review process. However, the criteria for defining a modified site plan is subjective. Therefore, staff is recommending objective criteria that would better define minor commercial development and clarifying the submittal requirements. The last amendment renames the Modified Site Plan process to the Administrative Site Plan process which better describes the review process.

Increased Commercial Building Heights; Reduced Building Setbacks in Infill Incentive District

Applicable Development Code Sections: 151.02.003, Definitions; 151.22.018, General Commercial Zoning Districts

Development Code Section 151.22.018(F)(4) requires the maximum building height for commercial buildings in the General Commercial (GC) Zoning District not exceed 30 feet with

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an allowance for a 4-foot parapet wall and 25 feet for a building located within 100 feet of a residential zoning district. In addition, there is current language that restricts any structure from intercepting a plane making an angle of 60 degrees from the horizontal toward the interior of the lot and originating at the front property line. Recently, the City has been approached by a number of developers requesting additional building height to allow for higher ceilings and additional architectural features. The City is therefore, recommending an amendment which would increase the height for commercial buildings to a maximum of 36 feet and for buildings located within 100 feet of a residential zoning district a maximum of 30 feet.

A second amendment relates to building setbacks for GC zoned property within the Infill Incentive District, which consists of all properties west of 7th Street and north of Busby Drive. As a way to encourage development, the City is recommending reducing the front yard building setbacks in the Infill Incentive District Area. The reduced setbacks will allow for flexible building and site design while allowing marketable buildings on the smaller lots. The front yard setbacks shall be reduced to the following minimums:

Standard Commercial Lot- 5 feet (Currently 40 feet)

Through Lot- 5 feet on primary frontage; 10 feet on secondary frontage (Currently 40 feet)

Corner Lot- 5 feet on primary frontage: 10 feet on secondary frontage (Currently 40 and 20 feet)

The final amendment defined Primary and Secondary frontage.

Low Impact Development

Applicable Development Code Sections: 151.04.015, Required Drainage Facilities; Article 151.09, Off-Street Parking & Loading; Article 151.18, Landscaping, Walls, Screening, and Buffer

Low Impact Development (LID) is a term used to describe a land planning, and engineering design approach to managing stormwater runoff as part of green infrastructure using natural processes. The City has recently seen a number of new commercial projects integrate (LID) strategies within their development (Southwest Gas and Salvation Army). The City supports the use of these strategies and therefore is recommending amendments that will require certain LID features for new commercial development.

One amendment would require roof and foundation drains to discharge into landscaped areas provided there was sufficient buffer from the building. A second amendment requires all rainwater to be directed toward depressed landscape areas prior to entering the detention basins. A final amendment would allow for the use of pervious or semi-pervious surfaces in the non-required parking areas of commercial parking lots. These amendments will have the effect of purifying the water before its discharged into the public right-of-way, reducing water usage, and potentially reducing the size of the detention basins.

Removal of Article 151.05, Performance Standards and Relocation of Text

Applicable Development and City Code Sections: 151.05 Performance Standards; 151.08.007, Sewerage Facilities; Chapter 150 of City Code, Building and Property Maintenance Code;

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Chapter 93 of City Code, Noise

The Development Code provides development standards for new development. The requirements in Article 151.05, Performance Standards relate to existing uses. Therefore, staff is recommending the removal of this Section and either deleting text due to duplication or relocating the text to other City approved documents.

Property Maintenance Enforcement

Applicable City Code Section: Chapter 150, Building and Property Maintenance Codes

Section 150.37 of the property maintenance code limits the authority to bring criminal misdemeanor complaints under Chapter 150 to either a Sierra Vista police officer or the city attorney. This category of complaint is reserved for repeat offenders or cases presenting egregious property maintenance violations posing a serious threat to public health and safety. Staff is recommending an amendment which would allow a Code Enforcement Officer to bring a criminal misdemeanor complaint in these cases, which will then be prosecuted by the City Attorney if contested. This will improve efficiency and allow the Police Department to focus on those criminal matters more appropriate to law enforcement.

Section 150.32 of the property maintenance code states that applicable City staff may inspect private property to ensure compliance with the code. However, inspecting buildings not readily accessible or visible from the public requires a separate process in conformance with A.R.S. 9-833. The staff amendment clarifies the distinction between the two processes.


The Planning & Zoning Commission held a public hearing on the amendments on October 17, 2017. One member from the public recommended an additional City Code amendment which would exempt certain native grasses from the property maintenance overgrowth standards. One member of the Commission indicated that additional consideration should be given to native grasses and therefore voted against the amendments. Staff is not considering an amendment to the overgrowth standards with this request. PUBLIC COMMENTS The City placed an ad in the newspaper which described the amendments and provided the date and time of the public hearings. The amendments are also posted on the City website for public viewing. The City has received five public comment letters, three related to exempting native grasses from the overgrowth regulations, one relating to the water adequacy amendments, and one relating to the water harvesting amendments. All letters were provided to City Council at the December 14, 2017 meeting. Letters are attached. Attachments: Letters from the public, Resolution, Exhibit A, Proposed Text Amendments

ORDINANCE 2018-002

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SIERRA VISTA, COCHISE COUNTY, ARIZONA; ADOPTING AMENDMENTS TO THE DEVELOPMENT CODE, BY REFERENCE, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR SEVERABILITY. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SIERRA VISTA, ARIZONA, AS FOLLOWS:

WHEREAS, the City of Sierra Vista is proposing Development Code text amendments to: Article 151.19, Subdivision Regulations; Article 151.02, Definitions; Section 151.22.006, Matrix of use Permissions by District; Section 151.22.011, Manufactured Home Residential Zoning District; Section 151.04, Supplementary District Regulations; Article 151.18, Site Plans; Section 151.22.018, General Commercial Zoning Districts; Section 151.04.015, Required Drainage Facilities; Article 151.09, Off-Street Parking & Loading; Article 151.15, Landscaping, Walls, Screening, Buffer; Article 151.05, Performance Standards; Article 151.08.007, Sewerage Facilities; and

WHEREAS, the City Manager, and Director of Community Development recommend that the amendments to the Development Code, as shown on Exhibit A, be adopted; and WHEREAS, the Planning & Zoning Commission recommended approval of the amendments to City Council;

WHEREAS, as required by Article 151.31 of the City Code, the Mayor and City Council held a public hearing on the amendments, after proper notice had been given; and WHEREAS, the amendments have gone through the 30-day public record period and all public comments have been received; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SIERRA VISTA, COCHISE COUNTY, ARIZONA, AS FOLLOWS: SECTION 1 That Resolution 2017-104 is hereby reaffirmed and that the Development Code text amendments, as shown in Exhibit A, are hereby adopted. SECTION 2 All other ordinances and parts of ordinances in conflict with the provisions of this provision are hereby repealed. RESOLUTION 2018-002 PAGE ONE OF TWO

SECTION 3 Should any section, clause or provision of this Ordinance be declared by the courts to be invalid, such invalidity shall not affect other provisions which can be given effect without the invalid provision, and to this end, the provisions of this Ordinance are declared to be severable. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SIERRA VISTA, ARIZONA, THIS 8TH DAY OF FEBRUARY 2018. _______________________ FREDERICK W. MUELLER Mayor APPROVED AS TO FORM: ATTEST: ________________________ ______________________ NATHAN WILLIAMS JILL ADAMS City Attorney City Clerk PREPARED BY: Jeff Pregler, AICP Senior Planner RESOLUTION 2018-002 PAGE TWO OF TWO

WATER ADEQUACY CLARIFICATIONS ARTICLE 151.19, SUBDIVISION REGULATIONS

jpregler

Text Box

EXHIBIT A

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ARTICLE 151.19 SUBDIVISION PLATTING PROCEDURES AND REQUIREMENTS

151.19.001 Outline of Platting Procedures A. Minor Subdivision B. Major Subdivision 151.19.002 Pre-application Stage A. Introduction B. Development Master Plan Application C. Submission, Review and Approval D. Updating of Development Master Plan 151.19.003 Preliminary Plat Stage A. Introduction B. Information Required for Preliminary Plat Submission 151.19.004 Preliminary Plat Submission Procedures A. Filing and Meeting Dates B. Preliminary Plat Review C. Notice to Property Owners D. Results of Review Process E. Committee Action F. Commission Action G. Council Action H. Significance of Approval 151.19.005 Final Plat Stage A. Introduction B. Information Required for Final Plat Submission C. Final Plat Submittal Procedures D. Final Plat Review E. Final Plat Approval and Recordation 151.19.006 Improvement Security 151.19.007 Fees

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Section 151.19.001 Outline of Platting Procedures The preparation, submission, review and official action concerning all subdivision plats, plats filed for the purpose of reverting to acreage of land previously subdivided, plats filed for the purpose of vacating streets or easements previously dedicated to the public and for plats filed for the purpose of vacating or re-describing lot or parcel boundaries previously recorded within the City shall proceed through the following progressive stages, except as provided. A. Minor Subdivision 1. Pre-application Stage 2. Final Plat Stage B. Major Subdivision. 1. Pre-application Stage 2. Preliminary Plat Stage 3. Final Plat Stage Section 151.19.002 Pre-application Stages A. Introduction. This stage affords the subdivider the opportunity of obtaining the advice and

assistance from and informally discussing the proposed subdivision with the Department of Community Development and Committee prior to the expense of a preliminary or final plat preparation. This stage of processing also affords the City and Committee the opportunity to give informal guidance at a time when potential points of conflict can be most easily resolved, subsequent relations improved, official action simplified, and undue expense and delay saved by the subdivider.

B. Development Master Plan Application. The subdivider shall confer with the City and Committee and

present the graphic depiction of his proposal on one or more sheets of 24 inch X 36 inch proportions with supporting detailed information, at an appropriate scale, including but not limited to:

1. Name.

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a. Name of subdivision if property is within an existing subdivision.

b. Proposed name if not within a previously platted subdivision. The proposed name shall not

duplicate the name of any plat previously recorded.

c. Name of property if no subdivision name has been chosen. (This is commonly the name by which the property is locally known.)

2. Ownership. a. Name and address, including telephone number, of legal owner or agent of property and

citation of last instrument conveying title to each parcel of property involved in the proposed subdivision, giving grantor, grantee, date, and land records reference. If the property is held in trust, the names of all beneficiaries of the trust shall be provided.

b. Citation of any existing legal rights-of-way or easements affecting the property. c. Existing covenants on the property, if any. d. Name and address, including telephone number, of the professional person(s) responsible

for subdivision design, for the design of public improvements and for surveys. 3. Description. Location of property by government lot, section, township, range and county,

graphic scale, north arrow, and date. 4. Features. a. Location of property lines, existing easements, burial grounds, railroad rights-of-way,

watercourses, location, width, and names of existing or platted streets or other public ways within or immediately adjacent to the tract.

b. Location, sizes, elevations, and slopes of existing sewers, water mains, culverts, and other

underground structures within the tract and immediately adjacent thereto; existing permanent building and utility poles on or immediately adjacent to the site and utility rights-of-way.

c. Approximate topography extrapolated from U.S.G.S. Quad Sheets at the same scale as the

sketch plat.

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d. The approximate location and widths of proposed streets. e. Preliminary proposals for connection with existing water supply and sanitary sewage

systems, or alternative means of providing water supply and sanitary waste treatment and disposal; preliminary provisions for collecting and discharging surface water drainage.

f. The approximate location, dimensions, and areas of all proposed or existing lots. g. The approximate location, dimensions, and area of all parcels of land proposed to be set

aside for park or playground use or other public use, or for the use of property owners in the proposed subdivision.

h. Adequate information to enable the Committee to find and appraise features of the sketch

plat in the field. i. Whenever the master plan covers only a part of an applicant's contiguous holdings, the

applicant shall submit, at an appropriate scale, a sketch of the proposed subdivision area, together with its proposed street system and an indication of the probable future street and drainage system of the remaining portion of the tract.

j. A vicinity map showing streets and other general development of the surrounding area. C. Master Plan Submission, Review and Approval. The subdivider shall prepare and submit six

copies of a Development Master Plan to the Department of Community Development.

The Department of Community Development shall review the submittal for conformance with the requirements of subsection B above. When the Department of Community Development has found the submittal to be in compliance, the Development Master Plan shall be submitted to the Committee. The Committee shall review the Development Master Plan for its general approach to area planning and capability of satisfying public objectives as contained in the General Plan and may request similar review and recommendation by school authorities and such other officials as it may consider appropriate. The Committee may find that the Development Master Plan provides an acceptable basis for preliminary platting or may require its modification prior to consideration of any preliminary plat by the Committee and the Commission.

D. Updating of Development Master Plan. An approved Development Master Plan shall be kept up-to-

date by the subdivider as plats are subsequently submitted and approved and an up-to-date copy submitted with each preliminary plat submittal. Whenever revision of an approved Development Master Plan is proposed, the subdivider shall discuss each revision with the Committee prior to preparation and submission of any subsequent plat.

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Section 151.19.003 Preliminary Plat Stage A. Introduction. This stage includes preparation, submission, review, and approval of the preliminary

plat based on the approved Development Master Plan. Processing will be expedited by submission of all information essential to determining the intended character and general acceptability of the proposal.

B. Information Required for Preliminary Plat Submission. 1. Form and Scale. Preliminary plat information shall be presented on one or more plan sheets of

24 inch X 36 inch proportions with written data entered directly thereon or contained in letters attached thereto. All mapped data for the same plat shall be drawn at the same standard engineering scale of 100 feet to the inch. A larger scale may be utilized with written permission of the Director of Community Development in situations which warrant its use as a result of a need to show detail which cannot be easily shown at a scale of 100 feet to the inch.

2. Identification Data. a. Proposed subdivision name, location by section, township and range, referenced by

dimension and bearing to a section corner or a ¼-section corner. b. Name, address and telephone number of owner. Proof of ownership shall consist of a copy

of a title report, by a title company authorized to conduct business in the State of Arizona, issued not more than 30 days prior to the date of submittal.

c. Name, address and telephone number of person preparing plat. d. Name, address and telephone number of agent. If the land is owned by a corporation, proof of agency shall consist of a Corporation

Resolution designating the individual to act as an agent. The Corporate Resolution must be certified by the Secretary of the corporation and authenticated by the corporate seal or acknowledged in the form prescribed in A.R.S. §33-506.2.

If the land is owned by a partnership, proof of agency shall consist of a written document

from the partner(s) designating an individual to act as agent. The document must be certified and acknowledged in the form prescribed by A.R.S. §33-506.3.

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If the land is owned by an individual, proof of agency shall consist of a written document

designating an individual to act as agent. The document must be certified and acknowledged in the form prescribed by A.R.S. §33-506.01.

e. Scale, north point, and date of preparation including any revision dates. f. A location map, not necessarily to scale, shall be drawn on the preliminary plat. It shall

show the street and tract lines and names and numbers of all existing subdivisions, and the outlines of acreage parcels of land adjacent to the proposed tract.

3. Existing Conditions Data. a. Topography by the contours related to a U.S.G.S. Survey datum and shown and shown on

the same street as the subdivision layout. Contour interval shall be two feet for grades up to five percent, five feet for grades five to ten percent, and ten feet for grades over ten percent.

b. Precise location of water wells, washes, and drainage ditches including direction of flow. c. Location, widths, and names of all dedicated streets, alleys, utility rights-of-way of public

record, easements of record, public areas, and permanent structures to be retained within or adjacent to the tract.

d. Name, book and page numbers of recorded plats abutting the tract or across a boundary

street. e. Legal description by metes and bounds, boundary dimensions and acreage of tract. f. The approximate boundaries of all areas subject to the 100-year flood-prone area and the

location, width and direction of flow of all water courses. g. The names of subdivisions which adjoin the proposed subdivision. 4. Proposed Conditions Data. a. Street layout including location and width of all streets, alleys, crosswalks, easements and

the proposed names of streets.

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b. Lot layout, including scale dimension of typical lots; width and depth of all corner lots and lots on street curves; each lot numbered consecutively; total number of lots; key lots/corner lots will be identified by lot number in side legend.

c. Location, width, and proposed use of easements. d. Location, extent, and proposed use of all land to be dedicated or reserved for public use. e. Location and boundary of all existing and proposed zoning districts. f. Draft of proposed deed restrictions, if proposed or applicable.

5. Proposed Utilities. All lots shall be provided public water supply and sanitary sewage. 6. Water Adequacy. Submission of a copy of the application submitted to the Arizona Department

of Water Resources (ADWR) for water adequacy determination. See Section 151.19.05, Final Plat Stage, for further information.

7. Soil Engineering Report. A soil engineering report which shall include data regarding the

nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures when necessary, and opinions and recommendations covering adequacy of site to be developed by the proposed grading. The soil engineering report will include suggestions concerning erosion control of the project site during construction as well as upon completion. The City Engineer shall review the report for accuracy and make recommendations to the Director of Community Development as to the acceptability of the report.

8. Property Addresses. The names and addresses of all property owners within 300 feet of the

exterior boundaries of the proposed subdivision. 9. Site Hydrology Report. A site hydrology report shall be provided for review and approval and

shall conform to the criteria in Section 151.08.006. The City Engineer shall review the report for accuracy and make recommendations to the Director of Community Development as to the acceptability of the report.

10. Transportation Impact Report a. Purpose. A Transportation Impact report is used to identify the transportation (traffic)

impacts and problems which are likely to be generated by a proposed use. It is also used to identify all improvements required to ensure safe ingress and egress for a proposed

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development. The maintenance of adequate street capacity and elimination of hazardous conditions are also objectives of a Transportation Impact Report. The City may conduct a Transportation Impact Analysis (TIA) if it is deemed necessary, based on a proposed development land use and anticipated impact on the City’s transportation system. If the applicant desires to conduct an independent TIA, it shall be submitted to the City.

b. Applicability. A transportation impact report shall be required in the following cases: (1) Any development which proposes to take direct access to any collector or arterial road. (2) Any residential development which proposes to have more than 25 dwelling units. (3) Any use which, according to the City, will generate in excess of either 250 trips per acre

per day or 100 trips per day. c. Contents of transportation impact report. The transportation impact report shall be

prepared by a professional traffic engineer and contain the following data and information: (1) General site description. A detailed description of the street network within one mile of

the site, a description of the proposed land uses, the anticipated stages of construction, and the anticipated completion date of the proposed land development shall be provided. This description, which may be in the form of a map, shall include the following items: (a) all major intersections, (b) all proposed and existing ingress and egress locations, (c) all existing roadway widths and rights-of-ways, (d) all existing traffic signals and traffic-control devices, (e) all existing and proposed public transportation services and facilities within a one mile radius of the site.

In addition, any changes to the street network within .5 mile of the site, proposed by

any governmental agency, shall be described. This description shall include the above items as well as any proposed construction project that would alter the width and/or alignment of the present highway.

(2) Description of existing traffic conditions. A report based on the following shall be

provided. A 24 hour traffic count shall be conducted for a period of five weekdays (Monday-

Friday) on all streets which have direct access to a proposed development site. The existing average daily traffic volume and the highest average peak hour volume for any weekday shall be recorded.

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These traffic volumes shall be averaged to determine the average hourly peak traffic volume for the five days between Monday and Friday.

(3) Transportation impact of the development. The average weekday trip generation rate

between 3 PM and 6 PM for the proposed use shall be determined from the table contained in this subsection or from figures provided by a qualified traffic engineer. A report shall be made detailing the nature and extent of the trip generation expected to result from the proposed development.

(4) Determination of roadway service level. (a) Calculate service volumes. Roadway service volumes shall be calculated at level

of service B for roads identified as collectors. Critical elements to be considered in this calculation are: lane width and number of lanes, restricted lateral clearance, the service volume/ capacity ratio, percentage of site passing distance greater than 1,500 feet, percentage of trucks, grade, and operating and average speeds. Data and procedures contained in the Highway Capacity Manual, Special Report 87, published by the Highway Research Board, shall be utilized in deriving the data required by the transportation impact report.

Service volume for the given level of service (C for arterials, D for collectors) will be

computed directly from capacity under ideal conditions using the adjustment factors for level of service and the critical elements listed above. The specific tables to be used vary, depending on whether the roadway being analyzed is a multi-lane or two-lane highway.

(b) Calculate whether the roadway is currently operating at the required level of

service. The roadway is considered to be operating at or above level of service C (inclusive of levels A and B) if the service volume computed in Subsection B is greater than the hourly peak volume for the period between 3 PM and 6 PM. All arterial roadways operating below level of service C (inclusive of levels D, E and F) shall be identified as congested locations. Similarly, the roadway is considered to be operating at or above level of service B (levels A, B and C) if the service volume computed in Subsection B is greater than the hourly peak volume for the period between 3 PM and 6 PM. All collector roadways operating below level of service B (inclusive of levels E and F) shall be identified as congested locations.

(5) Determination of Intersection Service Level.

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(a) Calculation of intersection capacity at levels of service B and C. A load-factor analysis shall be conducted for a period of five weekdays (Monday-Friday) on all intersections within 0.5 mile of a proposed site. The highest average hourly load factor between 3 PM and 6 PM shall also be recorded. A maximum load factor of 0.3 will be allowed for intersections involving two arterials or an arterial and one collector roadway. All such intersections with a load factor greater than 0.3 are operating below level of service C (inclusive of levels D, E and F) and shall be identified as congested locations.

A maximum load factor of 0.7 will be allowed for intersections involving two 151.19-

10 collector roads. All such intersections with a load factor greater than seven-tenths 0.7 are operating below level of service D (levels E and F) and shall be identified as congested locations.

This load factor will represent the highest average for the five days between

Monday and Friday. A load factor analysis is an indicator of the level of service at which an intersection is functioning. The calculation required by this section will identify intersections that are presently operating above capacity for levels of service B and C.

(b) Determine capacity of intersections within one-half mile of proposed site at levels of

service B and C. For intersections, which currently are operating with a load factor below 0.3 during the peak afternoon period, the intersection capacity for level of service C shall be determined. For intersections currently operating with a load factor below 0.7 during the peak afternoon period, the intersection capacity for level of service C shall be determined. This calculation will require that a traffic count be conducted for a five day period between Monday and Friday at all affected intersections. Peak hour volume between 3 PM and 6 PM shall also be recorded. The traffic count shall determine: (1) percentage of right-hand turns, (2) percentage of left-hand turns, (3) percentage of trucks and (4) peak hour factor.

(6) Analysis of Transportation Impact. The projected total future peak hour traffic demand

shall be calculated for all roads fronting on a proposed site and all intersections within .5 mile of the site. This demand shall consist of an assumed normal increase of traffic volume of 1 percent per year (unless traffic engineering studies indicate a different rate of increase) and the anticipated traffic that will be generated by the proposed development. An analysis shall be undertaken to determine if roadways and intersections will operate at the appropriate level of service following completion of the development given the future peak hour traffic that will be generated by the proposed development. This analysis consists of the comparison of the total future peak hour

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intersection and roadway traffic demand with the service volumes for levels C and D computed in Subsection C above. All roadways and intersections that would operate below the required level of service following completion of the development shall be considered deficient.

(7) Maintenance of levels of service B and C. Whenever level of service is determined to

be below level C in the case of arterials or below level B in the case of collectors, development is not permitted unless the developer makes the roadway or other improvements necessary to maintain level of service B or C respectively. The City, at the option of the Council, may enter into an agreement with the developer and/or potential third party to provide funds for a proportional share of improvement costs necessary to maintain Level of Service C for arterials and Level of Service B for collectors.

(8) Traffic control devices. Whenever, as the result of additional traffic generated by a

proposed development, the Manual determines the need for a traffic signal or regulator sign, the developer shall be responsible for installing all said devices and signs after approval by the City.

(9) Large developments (over 250 vehicle trips generated per one hour period between 3

PM and 6 PM). (a) The impact report for developments which will generate between 250 and 1,000

trips during the peak hour shall, pursuant to Section 3 above, involve an analysis of all arterial and collector roadways and all intersections within one mile of the proposed site.

(b) The impact report for developments which will generate over 1,000 trips during the

peak hours shall involve an analysis of all arterial and collector roadways and all intersections within 3 miles of the proposed site.

In addition to the traffic survey, an analysis of the intersection shall be undertaken.

This analysis will determine the current width of the intersection and green time to cycle time ratio (G/C ratio).

Section 151.19.004 Preliminary Plat Submission Procedures.

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A. Submission Dates. An application for plat approval, together with 20 copies of the preliminary plat; three copies of the required supporting data prepared in accordance with Section 151.19.003,B of this Article; proof of ownership; and proof of agency shall be filed with the Department of Community Development at least 25 working days prior to the regular Commission meeting at which the subdivider may be heard. The Department of Community Development shall record the date of filing.

The time of filing of the preliminary plat shall be the time at which the same, with all required

accompanying data, is received by the Department of Community Development. The Department of Community Development shall indicate the date of filing upon all copies of the preliminary plat and accompanying data. A filing fee, as established by resolution of the City Council, shall be paid at the time of filing the preliminary plat. No filing fee shall be required for additional preliminary plats covering the same tract or revisions of the initial map filed prior to the Commission action.

B. Preliminary Plat Review. The Director of Community Development shall receive, review, and

process the preliminary plat in order to determine its compliance with the provisions of this Code. The Director of Community Development shall distribute copies of the plat to the following officials:

1. Department of Community Development for review of existing and proposed conditions data

relating to streets, drainage, flood control, water supply, sewage disposal facilities, conformance to General Plan and identification data, and for review of conformance to current and proposed zoning.

2. Director of Public Works for review of maintenance or operational considerations. 3. The City Attorney for review of conformance to the Code. 4. Police Chief for review of traffic circulation pattern and potential traffic hazards. 5. Fire Chief for review of access routes. 6. Superintendent of the appropriate school district for his information. 7. Local postmaster for his information. 8. County Engineer and County Director of Planning if proposed subdivision abuts Cochise

County. 9. Others as deemed necessary by the Director of Community Development, including appropriate

utility companies.

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Each of the recipients shall, within ten working days after the plat has been transmitted, return to the

Director of Community Development a written report on their findings and recommendations on the preliminary plat.

C. Notice to Property Owners. The city shall notify all property owners within 500 feet of the exterior

boundaries of the proposed plat that it is available for review and comment. D. Results of Review Process. If the preliminary plat does not meet the requirements of this Code, the

Director of Community Development should immediately provide the subdivider or his authorized agent a written notification of all deficiencies found in the review process. Once the plat meets all of the requirements of this Code, the preliminary plat shall be transmitted to the Committee.

E. Committee Action. After meeting to review the preliminary plat, the Development Review

Committee shall prepare a written report on its findings and recommendations. This review may consider the requirements of this Code and other City ordinances, pertinent State regulations, and comments from other public and utility agencies. The report shall be submitted to the Commission with a copy to the subdivider or authorized agent.

F. Commission Action. 1. After receiving the report from the Committee, the Commission shall consider the preliminary

plat at a regular or special meeting. 2. If satisfied that all requirements and objectives of this Code have been met, the Commission

shall find preliminary approval by passing a resolution, and transmitting a copy of the resolution to the Council.

3. Approval of a preliminary plat by the Commission shall be supported by findings: a. That the design or improvement of the proposed subdivision is consistent with applicable

general and specific plans. b. That the site is physically suitable for the type of development. c. That the site is physically suitable for the proposed density of development. d. That the design of the subdivision or the proposed improvements are not likely to cause

substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

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e. That the design of the subdivision or the type of improvements are not likely to cause

serious public health problems. 4. The Commission may recommend the plat to the Council for approval, disapproval, or approval

with conditions.

G. Council Action. After the Commission has made its recommendations, the Department of Community Development shall transmit the plat, with the Commission and staff recommendations, to the Council for its review and action.

H. Significance of Approval. Approval of a preliminary plat by Council constitutes authorization for the

subdivider to proceed with the preparation of the final plat and public works improvement plans. Preliminary or conditional approval is valid for a period of 12 months from date, and may be extended once at the discretion of the Council for six months from the expiration date of the original approval upon written request of the subdivider prior to expiration of approval. If the approval expires prior to filing the final plat, improvement plans, and supporting data, the preliminary plat shall be resubmitted for approval as a new case and a new fee paid. If a Committee review of a resubmitted plat reveals no substantial change from the previously approved preliminary plat, and that conditions under which previous approval was granted have not changed, the resubmitted plat shall be scheduled for consideration by the Council at its first regular meeting thereafter.

Section 151.19.05 Final Plat Stage A. Introduction. This stage includes final design of the subdivision, engineering of public

improvements, submittal of plat and plans by the subdivider, plat review by the staff and Committee, and final approval by the Council.

B. Information Required for Final Plat Submission.

1. Preparation of Final Plat. The final plat shall conform closely to the approved preliminary plat

and be prepared in accordance with the provisions of this Code. 2. Medium of Presentation. a. The final plat shall be drawn in India ink on clear polyester film (mylar), on a sheet or sheets

of 24-inch X 36-inch proportions. All stamped or written matter, including signatures, shall be made with permanent opaque ink so that legible prints may be obtained therefrom.

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When the final plat consists of two or more sheets, one key map showing the relationship of the tract portions on the sheets shall be placed on the first sheet, and each sheet shall clearly indicate the sheet number and total number of sheets.

b. The plat shall be drawn to an accurate scale of 100 feet to 1 inch. A larger scale may be

used with the written permission of the Director of Community Development in situations which warrant its use as a result of a need to show detail which cannot be easily shown at a scale of 100 feet to 1 inch.

c. Twenty copies of the final plat shall be reproduced in the form of blueline or blackline prints

on white background. d. The subdivision developers shall provide the City with an electronic copy of the final plat for

inclusion in the City Base Map. The file shall be compatible with the release of AutoCAD currently being used by the City. The file shall include all lot lines, easement lines, right-of-way lines, tracts, alleys and other features associated with the boundaries and lot lines of the subdivision. The information contained in the file shall incorporate the horizontal and vertical datum currently adopted by the City. If the developer fails to provide the file(s), the City will duplicate the information from the plans and charge the developer for the time and materials required for the work.

3. Identification Data. a. Name of subdivision and location by section, township, range, and county. b. Name, address, and registration number or seal of the registered land surveyor preparing

the plat. c. Scale, north point, and date of plat preparation. d. Legend identifying the symbols utilized in the plat preparation; corner lots abutting a key lot

will be identified in a legend by lot number with the following notation: "Building setback exceeds standard side yard setback (see zoning requirements).”

e. Precise legal description by metes and bounds of tract boundaries. 4. Survey Data.

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a. Boundaries of the tract fully balanced and closed, showing true point of beginning and all bearings and distances determined by an accurate survey in the fields; all dimensions expressed in feet and decimals thereof.

b. Any exceptions within the plat boundaries located by bearings and distances measured in

feet and decimals thereof determined by an accurate survey. c. Location and description of cardinal points to which all dimensions, angles, bearings, and

similar data on the plat are referenced; two corners of the subdivision traverse shall be tied by course and distance to separate section corners or quarter section corners. The directional datum for all bearings shall be indicated by actual survey.

d. Location and description of all physical encroachments upon the boundaries of the tract. 5. Descriptive Data. a. Name, right-of-way lines, courses, lengths, widths of all public streets, alleys, crosswalks,

and utility easements; radii, points of tangency, and central angles of all curvilinear streets and alleys; radii of all rounded street line intersections.

b. All drainageways designated as such and dedicated to the public. c. All utility and public service easements including any limitations of easements (construction

within such easements shall be limited to utilities, landscaping; and wood, wire, or removable section type fences).

The sidelines of all existing and proposed easements shall be shown by fine dashed lines.

If any easement already on record cannot be definitely located, a statement of the existence, the nature thereof, and its recorded reference must appear on the title sheet. Distance and bearings on the sidelines of lots which are cut by an easements shall be arrowed or shown so that the map will dictate clearly the actual length of the lot lines. The widths of all easements and sufficient ties thereto be located definitely the same, with respect to the subdivision, must be shown. All easements must be clearly labeled and identified. If an easement shown on the map is already of record, its recorded reference must be given. If an easement is being dedicated on the map, it shall be set out in the owner's certificate for dedication.

d. Location and dimension of all lots. All lots numbered consecutively throughout the plat;

exceptions and tracts shall be dimensioned and identified by letter or number.

DEVELOPMENT CODE

151.19-17 Amended 11/13/08

7/2009

e. Tract boundary of the subdivision shall be clearly delineated. Location, dimension, bearings, radii, arcs, and central angles of all sites to be dedicated to the public and the use specified.

f. Location of all adjoining subdivisions with date, book, and page number of recordation

noted or, if unrecorded, so marked. g. Any private deed restrictions to be imposed upon the plat or any part(s) thereof, typewritten

and included with the plat and to each copy thereof. 6. Final Plat Certificates. The following certificates and acknowledgments shall appear on the final

plat. Such certificates shall be lettered or printed legibly with permanent opaque ink and shall be signed and dated as prescribed hereafter.

a. A certificate signed and acknowledged by all persons holding title by deed to the lands or if

lands dedicated or held in trust, the trustee shall sign the certificate, or if land is to be dedicated or mortgaged, the mortgagee shall also sign their certificate. Said certificate to indicate that it is the owner's intention to subdivide and plat the land shown and described hereon and that the public right-of-way shown hereon is hereby dedicated to the public for public use forever and that the easements shown hereon are not dedicated to the public, but the right to use said easements for the purposes indicated is perpetually reserved for the public and no permanent building or structure shall be constructed upon said easements.

b. A certificate executed by a land surveyor registered to practice in the State of Arizona under

whose direction the survey, subdivision, and plat of the land described on the said plat was made; stating that the plat is a correct representation of all the exterior boundaries of land surveyed and the subdivision of it; stating that he has prepared the description of the land shown on the plat and that he certifies to its correctness; stating that the bearings shown on the plat are expressed in relation to the true meridian or previously established meridian or bearing and that all existing monuments shown on the plat are actually located in the ground and their location, size, and material are correctly shown. The certificate shall include the registration number, seal, and signature of the registered land surveyor.

c. A certificate executed by a land surveyor registered to practice in the State of Arizona that

all monuments are set in accordance with the provisions of this Code. The certificate shall include the registration number, seal, date, and signature of the registered land surveyor.

d. A certificate to be signed by the City Clerk that the Council approved the final plat and

showing the date of approval.

DEVELOPMENT CODE

151.19-18 Amended 11/13/08

7/2009

e. A certificate to be executed by the Cochise County Recorder showing the date, time of day,

fee number, book, and page number of recordation. f. For subdivisions as defined under A.R.S. 32-2101, provide a Nnote stating: The Arizona

Department of Water Resources issued a determination of adequate water supply on (date).

7. Water Adequacy. a. Pursuant to ARS. 9-463.01 (J) and Cochise County Resolution 08-20 the Mayor and City

Council shall not approve a final plat for a subdivision, as defined under A.R.S. 32-2101, unless one of the following applies:

1. The Director of Water Resources has determined that there is an adequate water

supply for the subdivision and the subdivider has included the report with the plat. 2. The subdivider has obtained a written commitment of water service for the subdivision

from a city, town or private water company designated as having an adequate water supply by the Director of Water Resources.

C. Final Plat Submittal Procedures. 1. Pre-submission Requirements. The final plat shall meet all requirements of the zoning district in

which it is located, and any necessary zoning amendment shall have been adopted by the Council prior to filing of the final plat.

2. Submission Requirements. At least 20 working days prior to the Council meeting at which the

plat may be considered, the subdivider shall file with the Director of Community Development for review by the Committee, the following:

a. The final plat. b. Twenty copies of the final plat. c. The recordation fee as established by the County Recorder. d. Three copies of the street improvement plans.

DEVELOPMENT CODE

151.19-19 Amended 11/13/08

7/2009

e. Three copies of the sewer improvement plans. f. The final drainage reports and three copies of associated drainage improvement plans. A

grading plan with cut and fill quantities shall be included. g. Three copies of the utility plan(s); said plan(s) shall show proposed line locations and

proposed construction details to indicate the configuration and construction of any trenches, the location and outside dimensions of terminal boxes, transformers, vaults, closures, poles, telephone risers, fire hydrants, valve boxes and similar appurtenances relating to all electrical, lighting, gas, telephone, and cable television improvements/ facilities to be constructed within public rights-of-way or easements being grated for public use.

h. Letters from all affected utilities indicating concurrence with the final plat, or the utility may

send a letter directly to the Department of Community Development, which shall be construed as evidence of satisfaction of utility easement requirements.

i. One original of the project engineer's cost estimate of public improvements. j. Calculation sheets, in a form approved by the Director of Community Development, giving

coordinates of the boundary of the subdivision, blocks, and lots therein. k. Report and guarantee of clear title. The final plat shall be accompanied by a report

prepared by a duly authorized title company naming the persons whose consent is necessary to the preparation and recordation of said plat and to the dedication of the streets, alleys, and other public places shown on the map, and certifying that, as of the date of the execution of the dedications in the plat, the person(s) therein named are all the person(s) necessary to give clear title to said subdivision.

l. A filing fee, as established by resolution of the Council, shall be paid at the time of filing the

final plat. D. Final Plat Review. 1. If the Department of Community Development finds that the submittal is complete and if the

final plat substantially conforms to the approved preliminary plat, the Director of Community Development shall transmit a copy of the plat and the improvement plans to the Committee.

2. The Committee shall review the final plat for conformance with the approved preliminary plat. If

it does not conform to the approved preliminary plat, it shall be returned and the filing date shall

DEVELOPMENT CODE

151.19-20 Amended 11/13/08

7/2009

be voided. The Director of Community Development shall inform the subdivider of the problems with the final plat.

3. The Director of Community Development shall coordinate and summarize the Committee's

recommendation for presentation to the Council. If the final plat needs correction, it shall be returned to the subdivider who shall resubmit it prior to placement on the Council agenda together with a reproducible copy of the final plat which has been prepared using an archival photographic image process conforming to standards established by the American National Standards Institute, on a polyester material .004 of an inch thick with a matte finish.

E. Final Plat Approval and Recordation. 1. Upon approval of the public works improvement plans and receipt of the improvement security

provided in accordance with the provisions of Section 151.19.006, the Director of Community Development shall notify the City Clerk, and the City Clerk shall enter the final plat on the agenda of the regular Council meeting whereupon the Council shall approve or reject the plat.

2. If the Council rejects the plat for any reason whatsoever, the reasons therefore shall be

recorded in the minutes. If the Council approves the plat, the City Clerk shall execute the appropriate certificate of approval upon the plat, first making sure that the other certificates required in Section 151.19.005,B,6 of this Code have been duly executed.

3. After approval of the final plat by the Council, the Department of Community Development shall

record the plat in the Office of the Cochise County Recorder and pay the recordation fee. One copy of the recorded plat shall be retained by the Department of Community Development.

Section 151.19.006 Improvement Security Any person required to install public improvements under the provisions of this Code shall provide security by either (1) posting of a performance bond issued by a qualified surety, (2) establishing a cash trust, said funds to be deposited with the City Clerk to the credit of said person, (3) depositing with the City Clerk a certificate of deposit issued by a banking institution authorized to issue same (4) filing with the City Clerk an executed contract of guaranty between the City and a trust company, banking institution or other financial institution authorized to enter into such contracts, or (5) filing with the City Clerk a third party trust agreement executed by a trust company, banking institution or other financial institution authorized to enter into such contracts. The third party trust option shall only be allowed to cover eighty (80) percent or less of the amount of the security required for public improvements. The remaining portion of the required security shall be provided by one of the other four methods described

DEVELOPMENT CODE

151.19-21 Amended 11/13/08

7/2009

above. The third party trust shall be released prior to final release of the other provided security. The amount of said security is to be based upon the cost estimate prepared by a registered professional civil engineer in an amount to cover the completed installation of the proposed public works improvements as approved by the City Engineer. A certified letter from the utility company stating that full payment for the installation of the street lights has been received by the utility company may be submitted in lieu of other required improvement security guarantees for street light installation. A completion date for the improvements shall be declared by said person, and the security shall provide for its forfeiture to the City in the event that said improvements have not been completed or not accepted by the City by the declared completion date due to the default of said person. Where applicable, a concurrent agreement may be executed between the City and said person providing for incremental improvements in planned area developments provided, however, that each approved increment shall commensurately conform to the security requirements hereinabove specified. The Council may require of said person such further assurance of completion of improvements as they may deem necessary to the interest of the public. Section 151.19.007 Fees Subdivision fees shall be determined according to a schedule established by resolution of the Council and posted in the Office of the City Clerk.

MANUFACTURED HOME AND RV DEVELOPMENT STANDARDS

SECTION 151.02, DEFINITIONS

SECTION 151.22.006, MATRIX OF USE PERMISSIONS

BY DISTRICT

SECTION 151.22.011, MANUFACTURED HOME RESIDENCE ZONING DISTRICT

ARTICLE 151.02 DEFINITIONS

151.02.001 Purpose 151.02.002 Word Usage 151.02.003 For Brevity of Text 151.02.004 Definitions Section 151.02.004 Definitions Manufactured Home Park Real property under single ownership that is used as the location for two or more manufactured homes that are, or are intended to be, occupied as dwellings, upon lots which are not conveyable.

DEVELOPMENT CODE


ARTICLE 151.22 DISTRICT REGULATIONS

151.22.001 Establishment of Districts 151.22.002 Required Conformity to District Regulations 151.22.003 Classification of Annexed Areas 151.22.004 Classification of Vacated Streets 151.22.005 Official Zoning Map 151.22.006 Matrix of Use Permissions by Zoning District 151.22.007 Reserved 151.22.008 UR - Urban Ranch 151.22.009 SFR - Single-Family Residence 151.22.010 MFR - Multi-Family Residence 151.22.011 MHR - Manufactured Home Residence 151.22.012 RV - Recreational Vehicle Park 151.22.013 Reserved 151.22.014 Reserved 151.22.015 NC - Neighborhood Convenience 151.22.016 LC - Limited Commercial 151.22.017 OP - Office Professional 151.22.018 GC - General Commercial 151.22.019 Reserved 151.22.020 Reserved 151.22.021 Reserved 151.22.022 IP - Industrial Park 151.22.023 LI - Light Industrial 151.22.024 HI - Heavy Industrial 151.22.025 Reserved 151.22.026 SP - Specific Plan 151.22.027 OS/PF - Open Space/Public Facilities 151.22.029 FH - Flood Hazard Section 151.22.001 Establishment of Districts In order to classify, regulate, restrict, and separate the use of land, buildings, and structures, and to regulate and limit the type, height, and bulk of buildings and structures in the various districts; and to regulate the area of yards and other open areas abutting buildings and structures and to regulate the density of population, the City of Sierra Vista is hereby divided into the following districts:

DEVELOPMENT CODE


District Name District

Abbreviations A. Residential Districts Urban Ranch (minimum of 1 acre) UR Single Family Residence (minimum of 36,000 sq. ft. lot) SFR36 Single Family Residence (minimum of 18,000 sq. ft. lot) SFR18 Single Family Residence (minimum of 12,000 sq. ft. lot) SFR12 Single Family Residence (minimum of 8,000 sq. ft. lot) SFR8 Single Family Residence (minimum of 6,000 sq. ft. lot) SFR6 Multi-Family Residence (minimum of 4,500 sq. ft. lot) MFR Manufactured Home Residence MHR Recreational Vehicle RV


Abbreviations B. Commercial Districts Neighborhood Convenience NC Light Commercial LC Office Professional OP General Commercial GC


Abbreviations C. Industrial Districts Industrial Park IP Light Industry LI Heavy Industry HI


Abbreviations D. Open Space/Public Facilities OS/PF


Abbreviations E. Airport Airspace AA


Abbreviations F. Flood Hazard FH


Abbreviations G. Specific Plan SP

DEVELOPMENT CODE


Section 151.22.002 Required Conformity to District Regulations The regulations set by this Code within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided: A. No building, structure, or land shall hereafter be used or occupied, erected, constructed, reconstructed,

moved, or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.

B. No building or other structure shall hereafter be erected or altered: 1. To exceed the height or bulk; 2. To accommodate or house a greater number of families; 3. To occupy a greater percentage of lot area; 4. To have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein

required; or in any other manner contrary to the provisions of this Code. C. No part of a yard, or other open space, or off-street parking or loading space required in connection

with any building for the purpose of complying with this Code, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building, except as hereinafter provided.

D. No yard or lot existing at the time of passing of this Code shall be reduced in dimension or area below

the minimum requirements set forth herein. Yards or lots created after the effective date of this Code shall meet at least the minimum requirements established by this Code.

DEVELOPMENT CODE


Section 151.22.003 Classification of Annexed Areas All territory which may hereafter be annexed to the City of Sierra Vista shall, at the time of annexation, be assigned temporary City zoning equivalent to the County classifications as shown on the official zoning map of Cochise County. This temporary zoning shall be in effect for six months unless sooner rezoned by the Council. Six months after the annexation is final, the Council shall, after proper notice and a public hearing as required by Article 151.31 of this Code, officially zone all the annexed property with City zoning classifications. Within this six-month period, any owner of land included within the annexed area may apply for a rezoning of his property utilizing the procedures set forth in Article 151.31 of this Code. Section 151.22.004 Classification of Vacated Streets Whenever a public street or other public right-of-way is vacated by official action of the Council, the zoning districts adjoining each side of such street, alley or right-of-way shall automatically be extended to the center line thereof, and all land area thus vacated shall then and henceforth be subject to all regulations of the extended districts.

DEVELOPMENT CODE


Section 151.22.005 Official Zoning Map A. Establishment. The areas and boundaries of zoning districts are hereby established as shown on the

Official Zoning Map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be part of this Code.

B. Identification. The Official Zoning Map shall be identified by the signature of the Mayor and attested by

the City Clerk. Regardless of the existence of purported copies of the Official Zoning Map which may, from time to time be made or published, the Official Zoning Map located in the Office of the City Clerk shall be the final authority as to the current zoning status of land areas, buildings and other structures in the City.

C. Changes. If, in accordance with the provisions of this Code, changes are made in district boundaries

or in other matters portrayed on the Official Zoning Map, such changes shall be made by the Director of Community Development on the map promptly after the amendment has been approved by the City Council, together with an entry signed by the City Clerk certifying to the accuracy and date. No changes, of any nature, shall be made in the Official Zoning Map, or matter shown thereon, except in conformity with the provisions of this Code. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this Code and punishable as hereinafter provided in Article 151.32.

D. Replacement. In the event that the Official Zoning Map becomes damaged, destroyed, lost or difficult

to interpret because of the nature of the number of changes and additions, the Council may, by ordinance, adopt a new Official Zoning Map which shall supersede the prior map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior map, but no such correction shall have the effect of amending the original zoning ordinance or any subsequent amendment thereof. The new Official Zoning Map shall be identified by the signature of the Mayor, and be attested by the City Clerk, under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of map being replaced) as part of Ordinance No.____ of the City of Sierra Vista, Arizona."

E. Interpretation. Where, due to scale, lack of detail, or illegibility of the Official Zoning Map, there is an

uncertainty, contradiction or conflict as to the intended location of any district boundary shown thereof, the exact location of such boundary shall be determined by the Director of Community Development. In reaching his determination, he shall apply the following standards:

1. Zoning district boundary lines are intended to follow lot lines or be parallel or perpendicular thereto,

or along the center lines of streets, alleys or rights- of-way, unless otherwise fixed by dimensions shown on the Official Zoning Map.

DEVELOPMENT CODE


2. In subdivided property or where a zoning district boundary divides a lot, the exact location of such boundary unless same is indicated by dimensions shown on the Official Zoning Map, shall be determined by use of the map scale shown thereon.

3. If, after application of the foregoing rules, uncertainty still exists as to the exact location of a zoning

district boundary, the Zoning Administrator shall determine and fix the location of said line in accordance with the purposes and intent of this Code.

DEVELOPMENT CODE


Section 151.22.006 Matrix of Use Permissions by Zoning District A. Use Permissions by Zoning District. No building, structure or land shall be used, nor shall any use be

established unless it complies with the requirements of this Code.

1. Principal Uses (P) are those principal uses that are allowable on a property within each zoning district as provided in this Section.

2. Accessory Uses (A) are those uses which are customarily subordinate to, integrated with, and clearly incidental to a principal use on the same property as provided under this Section. The Matrix of Use Permissions identifies certain accessory uses that are allowable within certain zoning districts. Accessory uses not specifically listed, but are otherwise deemed to be compatible with the principal use of the property by the Community Development Director may be authorized in connection with a building permit.

3. Conditional Uses (C) are uses that may be appropriate in the zoning district and require individual review as to their particular characteristics, impacts, and location to determine if they require special conditions to their establishment in order to protect the health, safety and general welfare of the community in accordance with Article 151.26 of this Code.

4. Non-Conforming Uses (NC) are uses of land or of a structure which do not meet the use regulations of this Code but which lawfully existed at the time of adoption of this Code as specified under Article 151.24 of this Code.

DEVELOPMENT CODE


*Except that primitive camping may be allowed on Arizona Trust Land with a Recreation Permit from the Arizona State Land Department provided the campsite is setback at least 100 feet from a property used for residential purposes and at least 50 feet from the drainageway. **Pursuant to Sec. 94.05 of the Code of Ordinances. ***Up to 30 percent of the total spaces in manufactured home parks are permitted to have recreational vehicles.

USE CLASSIFICATIONS

ZONING DISTRICT

UR, U

rban

Ran

ch

SFR,

Sin

gle F

amily

Res

iden

ce

MFR,

Mul

tiple

Fam

ily R

esid

ence

MHR,

Man

ufac

ture

d Ho

me R

esid

entia

l

RVP,

Rec

reat

iona

l Veh

icle P

ark

NC, N

eighb

orho

od C

onve

nien

ce

LC, L

imite

d Co

mm

ercia

l

OP, O

ffice

Pro

fess

iona

l

GC, G

ener

al Co

mm

ercia

l

LI, L

ight

Ind

ustri

al

IP, In

dust

rial P

ark/L

I, Lig

ht In

dust

ry

HI, H

eavy

Indu

stria

l

OS, O

pen

Spac

e

AGRICULTURAL Agricultural Animals A NC NC NC NC NC NC NC NC NC NC NC NC Aviaries A NC NC NC NC NC NC NC NC NC NC NC NC Farming A NC NC NC NC NC NC NC NC NC NC NC NC Kennel P NC NC NC NC NC NC NC P P NC NC NC Riding Academy P NC NC NC NC NC NC NC NC NC NC NC NC Riding Stables P NC NC NC NC NC NC NC NC NC NC NC NC RESIDENTIAL Accessory Dwelling Unit C C C NC NC NC NC NC NC NC NC NC NC Accessory Use, Residential (e.g. swimming pool, garage, garden house, storage shed) A A A A A NC NC NC NC NC NC NC NC

Adult Care Home (6 or less adults) P P P NC NC C C C C NC NC NC NC Adult Care Home (7 to 15 adults) C C C NC NC C P P P NC NC NC NC Bed and Breakfast P C C NC NC NC NC NC NC NC NC NC NC Campground, Developed NC NC NC NC C NC NC NC NC NC NC NC P** Campground, Primitive NC NC NC NC NC NC NC NC NC* NC NC NC P** Congregate Care Facility C NC P NC NC C P P P NC NC NC NC Day Care Home P P P NC NC NC NC NC NC NC NC NC NC Dormitory NC NC P NC NC NC NC NC NC NC NC NC NC Dwelling, Multi-Family NC NC P NC NC NC NC NC P NC NC NC NC Dwelling, Single-Family Attached (Townhome) NC P P NC NC NC NC NC P NC NC NC NC Dwelling, Single-Family Detached P P P P A NC NC NC NC NC NC NC NC Dwelling, Single-Family Semi-Detached NC P P NC NC NC NC NC NC NC NC NC NC Dwelling, Two-Family or Duplex NC NC P NC NC NC NC NC NC NC NC NC NC Emergency Shelters NC C NC NC NC NC NC NC C NC NC NC NC Hotel/Motel NC NC NC NC NC NC P P P NC NC NC NC Nursing Home (6 or less persons) P P P NC NC NC NC NC NC NC NC NC NC Nursing Home (7 or more persons) C C C NC NC C P P P NC NC NC NC Recreational Vehicle NC NC NC NC/P*** P NC NC NC NC NC NC NC NC Residential Treatment Facilities & Recovery Homes (6 or less persons) P P P NC NC C C C C NC NC NC NC

Residential Treatment Facilities & Recovery Homes (7 or more persons) C C C NC NC C P P P NC NC NC NC

DEVELOPMENT CODE


USE CLASSIFICATIONS

ZONING DISTRICT

UR, U

rban

Ran

ch

SFR,

Sin

gle F

amily

Res

iden

ce

MFR,

Mul

tiple

Fam

ily R

esid

ence

MHR,

Man

ufac

ture

d Ho

me R

esid

entia

l

RVP,

Rec

reat

iona

l Veh

icle P

ark

NC, N

eighb

orho

od C

onve

nien

ce

LC, L

imite

d Co

mm

ercia

l

OP, O

ffice

Pro

fess

iona

l

GC, G

ener

al Co

mm

ercia

l

LI, L

ight

Indu

stry

IP, In

dust

rial P

ark

HI, H

eavy

Indu

stria

l

OS, O

pen

Spac

e

MIXED-USE Home Based Business A A A A NC NC NC NC NC NC NC NC NC Mixed-Use Building NC NC C NC NC P P P P NC NC NC NC COMMERCIAL Adult Uses NC NC NC NC NC NC NC NC P NC NC NC NC Artist Studio NC NC P(1) NC NC P P P P P P NC NC Automobile Service Station NC NC NC NC NC NC P NC P NC NC NC NC Bar/Lounge NC NC P(1) NC NC P(3) P NC P NC NC NC NC Brewpub NC NC NC NC NC NC P NC P NC NC NC NC Car Wash NC NC NC NC NC NC P NC P NC NC NC NC Commercial Parking Lot NC NC NC NC NC NC NC NC P C C NC NC Commercial Recreation, Indoor NC NC NC NC NC NC P NC P P NC NC NC Commercial Recreation, Outdoor NC NC NC NC NC NC NC NC P NC NC NC NC Conference Center NC NC NC NC NC NC NC NC P NC NC NC NC Day Care Center C C C NC(2) A(2) P P P P NC NC NC NC Eating Establishment A NC P(1) NC NC P(3) P NC P NC NC NC NC Medical Marijuana Dispensary NC NC NC NC NC NC NC NC P NC NC NC NC Mini-warehouse NC NC NC NC NC NC C NC P P C NC NC Mobile Food Vendor NC NC NC NC NC P P P P P P NC P Motion Picture Theater/Cinema NC NC NC NC NC NC NC NC P NC NC NC NC Pet Shop NC NC NC NC NC NC P NC P NC NC NC NC Plant Nursery NC NC NC NC NC NC NC NC P NC NC NC NC Retail Food Establishment NC NC P(1) NC NC P(3) P NC P NC NC NC NC Retail Sales NC NC P(1) NC(2) A(2) P(3) P P(4) P A A NC NC Vehicle Rental Establishment NC NC NC NC NC NC NC NC P NC NC NC NC Vehicle Repair, Major NC NC NC NC NC NC NC NC P P NC NC NC Vehicle Repair, Minor NC NC NC NC NC NC P NC P P NC NC NC Vehicle Sales Establishment NC NC NC NC NC NC NC NC P NC NC NC NC

(1) Limited to mixed-use buildings only. (2) Limited to component uses located entirely within a social and recreational center located no less than 100 feet from any property line of the park site in Manufactured Home Parks and RV Parks. (3)Limited to 3,000 square feet of gross floor area per use. (4)Limited to 1,000 square feet of gross floor area per use.

DEVELOPMENT CODE


USE CLASSIFICATIONS

ZONING DISTRICT

UR, U

rban

Ran

ch

SFR,

Sin

gle F

amily

Res

iden

ce

MFR,

Mul

tiple

Fam

ily R

esid

ence

MHR,

Man

ufac

ture

d Ho

me R

esid

entia

l

RVP,

Rec

reat

iona

l Veh

icle P

ark

NC, N

eighb

orho

od C

onve

nien

ce

LC, L

imite

d Co

mm

ercia

l

OP, O

ffice

Pro

fess

iona

l

GC, G

ener

al Co

mm

ercia

l

LI, L

ight

Indu

stria

l

IP, In

dust

rial P

ark

HI, H

eavy

Indu

stria

l

OS, O

pen

Spac

e

BUSINESS AND PROFESSIONAL SERVICES Animal Hospital C NC NC NC NC NC P P P C NC NC NC Business and Professional Office NC NC C(1) NC(2) A(2) NC P P P P P NC NC Business Service Establishment NC NC NC NC NC P(4) P P P P P NC NC Financial Institution NC NC NC NC NC P(4) P P P NC NC NC NC Health and Fitness Studio NC NC NC NC NC NC P P P P P NC NC Health Care Institution NC NC NC NC NC NC P(3) P P C P NC NC Hospital NC NC NC NC NC NC P(3) NC P P NC NC NC Personal Service Establishment NC NC P(1) NC NC P(4) P P P NC NC NC NC Pet Grooming Service NC NC NC NC NC P(4) P P P NC NC NC NC Research and Development NC NC NC NC NC NC P P P P P NC NC INDUSTRIAL Construction Material Establishment NC NC NC NC NC NC NC NC P P P P NC Construction Service Establishment NC NC NC NC NC NC NC NC P P P P NC Crematorium NC NC NC NC NC NC NC NC NC P NC P NC Distribution Center NC NC NC NC NC NC NC NC NC P P P NC Impound Yards NC NC NC NC NC NC NC NC P P NC P NC Industrial Workshops and Services NC NC NC NC NC NC NC NC P P P P NC Junk Yard NC NC NC NC NC NC NC NC NC NC NC P NC Landscape Service Establishments NC NC NC NC NC NC NC NC P P P P NC Manufacturing - Heavy NC NC NC NC NC NC NC NC NC NC NC P NC Manufacturing - Light NC NC NC NC NC NC NC NC P/C(5) P P P NC Medical Marijuana Cultivation/Infusion Facility NC NC NC NC NC NC NC NC NC P P P NC Microbrewery/Micro-Distillery NC NC NC NC NC NC NC NC P P P NC NC Mineral Extraction NC NC NC NC NC NC NC NC NC NC NC C NC Motor Freight Terminal NC NC NC NC NC NC NC NC NC P C P NC Motor Pool Facility NC NC NC NC NC NC NC NC NC P C P NC Outdoor Storage NC NC NC NC NC NC NC NC C A A P NC Warehouse NC NC NC NC NC NC NC NC A P P P NC Wholesale Trade NC NC NC NC NC NC NC NC P P P P NC

(1) Limited to mixed-use buildings only. (2) Limited to component uses located entirely within a social and recreational center located no less than 100 feet from any property line of the

park site in Manufactured Home Parks and RV Parks. (3)Limited to 3,000 square feet of gross floor area per use. (4)Limited to 1,000 square feet of gross floor area per use. (5) Conditional use permit is required when light industrial use fronts Fry Boulevard or when adjoining an existing residential use.

DEVELOPMENT CODE


USE CLASSIFICATIONS

ZONING DISTRICT

UR, U

rban

Ran

ch

SFR,

Sin

gle F

amily

Res

iden

ce

MFR,

Mul

tiple

Fam

ily R

esid

ence

MHR,

Man

ufac

ture

d Ho

me R

esid

ence

RVP,

Rec

reat

iona

l Veh

icle P

ark

NC, N

eighb

orho

od C

onve

nien

ce

LC, L

imite

d Co

mm

ercia

l

OP, O

ffice

Pro

fess

iona

l

GC, G

ener

al Co

mm

ercia

l

LI, L

ight

Indu

stria

l

IP, In

dust

rial P

ark

HI, H

eavy

Indu

stria

l

OS, O

pen

Spac

e

PUBLIC/SEMI-PUBLIC Accessory Telecommunications Antenna/Ancillary Structure A(7) A(7) A(7) A(7) A(7) A A A A A A A A

Airport NC NC NC NC NC NC NC NC NC NC NC NC P Alternative Energy Systems P A A A A A A A P P P P P Cemeteries NC NC NC NC NC NC NC NC NC NC NC NC

P

Columbarium C C C C C C C C C C C C C Community gardens P P P P P P P P P P P NC P Community Service Uses NC NC NC NC NC P P P P P P NC P Funeral Home/Mortuary NC NC NC NC NC P P P P NC NC NC NC Golf Courses, Public or Private P NC NC NC NC NC NC NC NC NC NC NC P Heavy Utility Service NC NC NC NC NC NC NC NC C P P P C Light Utility Service C C C C C P P P P P P P P Museums, Cultural Centers & Similar Uses P P P P P P P P P NC NC NC P Parks and Recreation Facilities A A A A A A A A A NC NC NC P Place of Worship C C C C C C C C C C C NC C Private clubs C C C NC NC P P P P C C NC NC Public education facilities & charter schools P P P P P P P P P P P P P School of general education, private C NC NC NC NC C C C C NC NC NC NC

School of special education, private C NC NC NC NC P P P P NC NC NC NC Social service agency/non-profit C C C NC NC P P P P C C NC P

Telecommunications Tower When Located on Non-Residentially Used Property

60 feet in height or less and not located within 150 feet of a property zoned or used for residential purposes

A A A A A A A A P P P P P(6)

60 feet in height or more and/or located within 150 feet of a property zoned or used for residential purposes

C C C C C C C C C C C C C(6)

When Located on Residentially Used Property NC NC NC NC NC NC NC NC NC NC NC NC NC

(6)Stand alone telecommunications towers on City-owned property with an active recreational use are not permitted. (7)Not permitted when attached to any single story building or residential building containing fewer than five dwelling units.

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151.22.011-1 Amended 4/12/07

7/2009

Section 151.22.011 MHR - Manufactured Home Residence A. Purpose: The MHR district allows single-family dwelling units, whether manufactured homes or site

built homes. The MHR district allows both subdivision and park designations. The regulations encourage the provision of open space and density comparable to multiple-family residential (MFR) zoning districts. Further, the regulations are designed to stabilize and protect the residential character of the district, to promote and encourage the family environment, and prohibit all incompatible activities.

B. Approvals Required: No structure or use shall be built or remodeled in a MHR district until all

necessary site plans and/or subdivision plat approvals have been obtained. C. Location: The following criteria shall be considered in establishing and maintaining a Manufactured

Home Residence zoning district: 1. Corresponds to appropriate designation in the General Plan, or, 2. Corresponds to an existing district or development in an area annexed into the City. D. Permitted Principal Uses:

1. Principal and accessory uses in this district shall be allowed as provided under Section 151.22.006, Matrix of Use Permissions by Zoning District.

E. Property Development Standards 1. Manufactured Home Subdivision (a) Minimum Area: 4,500 square feet per lot. (b) Maximum Density: One dwelling unit per lot. (c) Required Yards: (1) Minimum front yard - 15 feet. (2) Minimum rear yard - 15 feet. (3) Minimum side yard - 5 feet.

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7/2009

(4) Minimum street side yard - 10 feet. (d) Maximum Building Height: 28 feet. (e) Skirting: All manufactured homes shall install skirting in accordance with the Arizona Department of Housing, Manufactured Home Division, and the most recently adopted building codes. Skirting shall be maintained to its original installed condition. 2. Manufactured Home Park (a) Minimum Area: Two acres. (b) Maximum Site Density: Ten dwellings per acre. (c) Number: No more than one manufactured home or recreational vehicle shall be placed on each space. (d) Maximum Building Height: 28 feet. (e) Required Yards: (1) Minimum front yard - 10 feet from the space line. (2) Minimum rear yard - Ten feet from space line. (3) Minimum side yard -Five feet from space line. (f) Minimum Private Street Standards: See Section 151.08.004. (g) Skirting: All manufactured homes shall install skirting in accordance with the Arizona

Department of Housing, Manufactured Home Division, and the most recently adopted building codes. Skirting shall be maintained to its original installed condition.

(h) Identification: Each space shall be identified with a permanent and clearly marked

identifying marker indicating the space number. F. Non-Residential Accessory Buildings 1. Maximum Height: 15 feet above grade.

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7/2009

2. Maximum Yard Coverage: 35 percent of rear yard. 3. Location Restrictions: No accessory building shall be erected in any minimum required front or

side yard, or in front of any principal building. Detached garages and carports may be located in front of a principal building provided they meet the minimum front and side yard setbacks.

4. Setback Requirements: Accessory buildings shall be setback from the side lot line and the rear

lot line a distance not less than 3 feet, except:

(a) For a lot having its rear lot line contiguous with an alley line, no rear setback shall be required for the accessory building(s).

(b) Except for those situations addressed in paragraph 3 or in subparagraph a, accessory

buildings may be erected within three feet of the side and rear lot lines where the wall(s) closest to or on the property line have a fire resistance rating of one hour. Such buildings may be restricted by the requirements of the IBC, Section 504(b).

G. Corner Lot, Corner Lot Abutting Key Lot. On a corner lot that abuts a key lot or is separated by an

alley, any structure, other than a fence, exceeding 3 feet in height shall be setback from the side lot line not less than the minimum front yard setback required for the key lot. A 6-foot fence or wall for a corner lot may be constructed 5 feet from the property line.

H. Cul-de-sac and Eyebrow Lots. On cul-de-sac and eyebrow lots that are concave, the minimum front

yard depth may be measured from a straight line drawn between the front lot corners. In no case, however, shall the minimum required front yard be reduced in excess of 50 percent by this alternative measure.

I.E. Performance Standards: In accordance with the provisions of Article 151.05. J.F. Off-Street Parking and Loading: In accordance with the provisions of Article 151.09. K.G.Sign Regulations: In accordance with the provisions of Article 151.10. L.H.Landscaping, Screening and Buffering: In accordance with the provisions of Article 151.15. M.I. Access: In accordance with the provisions of Article 151.17.

DEVELOPMENT CODE

151.22.011-4 Amended 4/12/07

7/2009

1. Manufactured Home Subdivision. a. Permitted Accessory Uses: (1) Any use customarily incidental to a permitted principal use (a) Private garage or carport for storage of vehicles (b) Garden house, tool house, ramada, swimming pool (c) Where the keeping of horses and other livestock is lawful, structures

customarily accessory to such use. (d) Home Occupations per Article 151.29. b. Property Development Standards. (1) Minimum Area: 4,500 square feet per lot. (2) Maximum Density: One dwelling unit per lot. (3) Required Yards: (a) Minimum front yard - 15 feet. (b) Minimum rear yard - 15 feet. (c) Minimum side yard - 5 feet. (d) Minimum street side yard - 10 feet. (4) Maximum Building Height: 28 feet.. c. Non-Residential Accessory Buildings: (1) Maximum Height: 15 feet above grade.

DEVELOPMENT CODE

151.22.011-5 Amended 4/12/07

7/2009

(2) Maximum Yard Coverage: 35 percent of rear yard. (3) Location Restrictions: No accessory building shall be erected in any minimum required

front or side yard, except an accessory building may go into the required side yard if it is no more than 8 feet in height and no larger than one 100 square feet.

(4) Setback Requirements: Accessory buildings shall be setback from the side lot line and

the rear lot line a distance not less than 3 feet, except: (a) For a lot having its rear lot line contiguous with an alley line, no rear setback

shall be required for the accessory building(s). (b) Except for those situations addressed in the subparagraphs above, accessory

buildings with exterior walls having a fire resistance rating of one hour, or greater, may be erected within 3 feet of the side and rear lot lines.

d. Conditional Uses: (1) Accessory dwelling units. (2) For other uses see Article 151.26, Conditional Uses. 2. Manufactured Home Park: a. Permitted Accessory Uses: The following accessory uses, which are incidental and

subordinate to a manufactured home park, are permitted in conjunction with the park: (1) Single Family Residence: One single-family residence for the owner or manager of the

manufactured home park. The yard requirements for this residence in the park shall be the same as provided in subsection D(1)(b), above. The residence may include office space for use in connection with the park operation.

(2) Social and Recreational Center with Component Uses: Component uses will be

permitted in a recreation or social center building provided: (a) that there will be no wholesale activity; (b) that no merchandise or supplies shall be stored or displayed outside the

completely enclosed building;

DEVELOPMENT CODE

151.22.011-6 Amended 4/12/07

7/2009

(c) that there shall be no exterior advertising or sign except as permitted for

accessory uses only; (d) that the manufactured home park is large enough to accommodate at least 25

manufactured homes; (e) that component uses shall not be in a building which is less than 50 feet from any

property line of the manufactured home park or 100 feet from any public right-of-way bounding the park site;

(f) that the component uses shall not occupy more than 25 percent of the floor area in

the social and recreation center building. The component uses permitted are: Tobacco store and news stand, delicatessen,

snack bar and food store, day nurseries, and child care center. (3) Private Recreation Uses: For the use of the occupants of the manufactured home park

and their guests, such as swimming pool, golf course, putting greens, and shuffleboard courts.

(4) Model Manufactured Home Sales: Manufactured home models for sale provided they

do not occupy more than 5 percent of the total spaces in the manufactured home park. Each manufactured home shall have the same setback and spacing required for other manufactured homes. There shall be no exterior displays or advertising other than one non-illuminated sign, not to exceed 6-square feet for each model and not over 6 feet in height.

(5) Laundry: Coin-operated laundry and dry cleaning pickup provided there shall be no dry

cleaning equipment. (6) Travel Trailer and/or Recreational Vehicle Spaces. (a) In a manufactured home park containing 199 or less manufactured home

spaces, up to 20 spaces may be utilized for occupancy by travel trailers and/or recreational vehicles. For those manufactured home parks containing 200 or more spaces, up to, but not to exceed, 10 percent of the total spaces may be utilized for occupancy by travel trailers and/or recreational vehicles.

(b) All spaces used for travel trailers and/or recreational vehicles shall:

DEVELOPMENT CODE

151.22.011-7 Amended 4/12/07

7/2009

(i) Conform to the minimum development standards and yard setback

requirements contained in Section 151.22.012.G.3 through 7 of this Code; (ii) Be consolidated and located into one clearly defined area of the

manufactured home park; and (iii) Be totally contained within the exterior boundary wall or fence of the

manufactured home park as required by Section 151.15.004.A.5 of this Code. b. Property Development Standards: (1) Minimum Area: Two acres. (2) Maximum Density: Ten dwellings per acre. (3) Maximum Building Height: 28 feet. (4) Required Yards: (a) Minimum front yard - 25 feet from public right-of-way or none from private roads. (b) Minimum rear yard - Ten feet from space line or 25 feet from the exterior boundary

of the park. (c) Minimum side yard -Ten feet from space line or 25 feet from the exterior boundary

of the park. (5) Minimum Space Size: 4,000 square feet (6) Minimum Private Street Standards: See Section 151.08.003. c. Non-Residential Accessory Buildings: A non-residential structure, but not including a

detached garage, which is necessary to a dwelling, may be erected on a parcel if it meets the following requirements:

(1) Maximum Height: 15 feet above grade. (2) Maximum Yard Coverage: 35 percent of required rear yard. (3) Location Restrictions: No accessory building shall be erected in any minimum required

front or side yard, except as otherwise provided in this Code.

DEVELOPMENT CODE

151.22.011-8 Amended 4/12/07

7/2009

(4) Setback Requirements: Accessory buildings shall be setback from the side or the rear

lot lines a distance not less than 3 feet, except: (a) for a lot having its rear lot line contiguous with an alley line, no rear setback shall be required for the

accessory building(s), or (b) for a corner lot abutting a key lot and not separated there from by an alley, any

accessory building shall be setback from the rear lot line a distance not less than the width of the least required side yard applicable to the main building, or

(c) for a corner lot, the street side setback shall be the same as for the main building. (d) Except for those situations addressed in the subparagraphs above, accessory

buildings with exterior walls having a fire resistance rating of one hour, or greater, may be erected within 3 feet of the side and rear lot lines.

d. Conditional Uses: See Article 151.26, Conditional Uses. 3. Single-Family Residence a. Permitted Accessory Uses: (1) Any use customarily incidental to a permitted principal use. (a) Private garage or carport for storage of vehicles (b) Garden house, tool house, ramada, swimming pool (c) Where the keeping of horses and other livestock is lawful, structures customarily

accessory to such use. (d) Home Occupations per Article 151.29. b. Property Development Standards (1) Minimum Area: 4,500 square feet.

(2) Maximum Density: One dwelling per lot.

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151.22.011-9 Amended 4/12/07

7/2009

(3) Required Yards:

(a) Minimum front yard – 20 feet. (b) Minimum rear yard – 15 feet. (c) Minimum side yard – 5 feet. (d) Minimum street side yard – 10 feet.

(4) Maximum Building Height: 28 feet.

. c. Non-Residential Accessory Buildings: (1) Maximum Height: 15 feet above grade. (2) Maximum Yard Coverage: 35 percent of rear yard. (3) Location Restrictions: No accessory building shall be erected in any minimum required front or side yard or in front of any principal building. (4) Setback Requirements: Accessory buildings shall be setback from the side lot line and the rear lot line a distance not less than 3 feet. (a) For a lot having its rear lot line contiguous with an alley line, no rear setback shall be required for the accessory building(s). (b) Except for those situations addressed in the subparagraphs above, accessory buildings with exterior walls having a fire resistance rating of one hour, or greater, may be erected within 3 feet of the side and rear lot lines. d. Conditional Uses (1) Accessory dwelling units. (2) For other uses see Article 151.26, Conditional Uses.

DEVELOPMENT CODE

151.22.011-10 Amended 4/12/07

7/2009

4. Developmentally Disabled facilities under the provisions of Arizona Revised Statute Section 36-581 and 582.

ADMINISTRATIVE MODIFICATIONS AND FENCE & WALL HEIGHT

SECTION 151.04, SUPPLEMENTARY DISTRICT

REGULATIONS

DEVELOPMENT CODE

151.04-1 Amended on 2/25/16 Ordinance 2016-002

ARTICLE 151.04 SUPPLEMENTARY DISTRICT REGULATIONS

151.04.001 Purpose 151.04.002 Buildings Under Construction 151.04.003 Moving of Buildings 151.04.004 Dumping or Disposal of Rubbish 151.04.005 Exceptions to Height Limitations 151.04.006 Administrative Modification of Dimensional StandardsModification of Setback Requirements 151.04.007 Additional Setback Requirements for Tall Buildings 151.04.0078 Projections Into Required Yards in Residential Districts 151.04.0089 Yards and Setbacks, General Usage 151.04.0910 Clear Vision Area 151.04.0101 Fences, Walls, and Hedges 151.04.0112 Swimming Pools 151.04.0123 Unsuitable Land 151.04.0134 Grading Requirements 151.04.0145 Required Drainage Facilities 151.04.0156 Parking of Miscellaneous Vehicles and Trailers in Residential District Section 151.04.001 Purpose The provisions of this Article establish standards and regulations for on-site development of all lots within the City. Section 151.04.002 Buildings Under Construction Nothing in this Code shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of this Code and upon which actual building construction has been diligently carried forth. Actual construction is defined to include the placing of construction materials in the permanent location and fastened in permanent manner; except that where demolition or removal of an existing building has been substantially begun to prepare for rebuilding, such demolition or removal shall be deemed to be actual construction.

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Section 151.04.003 Moving of Buildings No building or structure, which has been wholly or partially erected on any premises, shall be moved to or be placed upon any other premises until a permit for the removal and relocation has been issued by the Director of Community Development. Any such building or structure shall conform to all provisions of this Code in the same manner as a new building or structure. No such building or structure shall be used or occupied until a Certificate of Occupancy has been issued, as provided in Article 151.02.003 of this Code. Section 151.04.004 Dumping or Disposal of Rubbish The use of land for the dumping or disposal of scrap iron, junk, garbage, rubbish or other refuse, or industrial wastes or by-products, shall be prohibited in every district except as provided herein. Section 151.04.005 Exceptions to Height Limitations Height regulations established elsewhere in this Code shall not apply to the following: A. In any zoning district - church spires, belfries, cupolas, and domes that are not built for human

occupancy; monuments; water towers; flagpoles; non-commercial radio or television antennas; and star watch equipment;

B. In commercial or industrial zoning districts - parapet walls extending not more than 4 feet above the

height of the building and any elevator housings; C. In industrial districts - chimneys, smokestacks, derricks, and conveyors; to grain elevators or similar

structures used in the industrial processes.

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Section 151.04.006 Administrative Modification of Dimensional StandardsModification of Setback Requirements A. Applicability.

1. In accordance with the provisions of this Section, Staff may modify a required building setback in

cases where the following conditions apply:

a. For properties located outside the Infill Incentive District Area: i. The subject property contains an existing single-family dwelling unit; and ii. The modified setback results in a building setback of no less than five feet from a rear or

side property line unless the subject property abuts a platted alleyway or dedicated drainageway in which case a modified setback shall provide no less than one-foot of building setback from a rear or side property line that abuts a platted alleyway or dedicated drainageway.

b. For properties located inside of an Infill Incentive District Area: i. The subject property is used or proposed to be used for residential purposes; and

ii. The modified setback results in a building setback of no less than five feet from a rear or side property line unless the subject property abuts a platted alleyway or dedicated drainageway in which case a modified setback shall provide no less than one-foot of building setback from a rear or side property line that abuts a platted alleyway or dedicated drainageway. iii. The modified setback results in a building setback of no less than fifteen feet from a front lot

line adjoining the primary frontage or no less than ten feet from a front lot line adjoining the secondary frontage (on corner lots); provided, however, no setback modification shall be granted for that portion of a front facade containing an enclosed garage or carport.

2. In accordance with the provisions of this Section, Staff may modify the maximum fence or wall height

on properties used for residential purposes, provided however, any existing wall proposed to be elevated shall be certified by a professional engineer or architect registered in the State of Arizona as being able to support the modification in accordance with local building codes.

Rear and side yard setbacks, for existing single-family homes, may be modified in accordance with the

provisions of this Section. A modification of setback request only applies to individual properties. A modification of a setback will not be granted if the modification conflicts with the building and fire codes.

B. Application. Requests for modification of setback requirements shall be made on application forms

provided by the Department of Community Development. C. The City shall notify, by mail, the property owner(s) most affected by the proposed request.setback

modification. The notice shall include a sketch plan of the site.

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D. Standards. The City shall grant a modification of the setback after these following standards have been

met: 1. The requestduced setback shall not substantially reduce the amount of privacy that would otherwise

be enjoyed by nearby residents. This is determined by the responses from adjacent property owners and staff observations.

2. Significant views of prominent land forms or parks from nearby properties will not be obstructed any

more than would occur if the request was granted setback was not modified. 3. Traffic visibility on adjoining streets will not be adversely affected; 4. Drainage from proposed buildings and structures will not adversely affect adjoining properties and

public rights-of-way; 5. The location of proposed buildings and structures, and the activities to be conducted therein, will not

impose objectionable noise levels or odors on adjoining properties. 6. The proposal will not interfere with the daily living activities or injure the rights of adjacent property

owners. This is determined by the responses from the adjacent property owners and staff observations.

E. Determination by the City. 1. The City shall review all the submitted information and provide a written response to the petitioner of

the action. 2. The City shall approve the application if all the setback modification standards as stated in

151.04.006D are met. Once granted, the building permit may be issued. The permit must be issued within 120 days of the granting of the requestmodification. Approval of the modification of setback request does not set precedent; each request is reviewed on an individual basis.

3. The request shall be denied if the setback modification standards as stated in 151.04.006D are not

met. The decision shall indicate the reasons why the request was denied. F. Fees. Setback modification fFees for administrative modifications shall be determined according to a

schedule established by the CouncilCity.

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G. Appeals to the Hearing Officer. Any aggrieved person may appeal the decision of the City to the Hearing Officer, which will be heard in accordance with Article 151.30.008. Upon filing an appeal, the applicant shall pay a filing fee established by the CouncilCity.

Section 151.04.007 Additional Setback Requirements for Tall Buildings In addition to height limits established for each district, no structure shall intercept a plane making an angle of 60 degrees from the horizontal toward the interior of the lot and originating at the front property line.

DEVELOPMENT CODE


Section 151.04.0078 Projections into Required Yards in Residential Districts A. Ground-mounted, suspended- or window-type air conditioning units, evaporative coolers, or forced-air

furnaces and swimming pools, spa or hot tub equipment, or other similar equipment may project over or onto any required side or required rear yard provided that they are not closer than 2 feet to any lot line when installed.

B. Awnings, open fire balconies, and fire escape stairs may project not more than 5 feet over any required yard provided that they are not closer than 2 feet to any lot line when installed.

C. Cornices and eaves may project not more than 3 feet over any required yard provided that they are no

closer than 2 feet to any lot line. D. Sills, leaders, belt courses, and similar ornamental features may not project more than 6 inches over or

into any required yard. A chimney or pilaster may project not more than 18 inches into any required yard provided that it is not more than 8 feet in width.

E. Bay or greenhouse windows, whether supported on their own foundations or not, may project not more

than 2 feet over or into any required yard provided that they are not more than 8 feet in width on the outside plane of the bay.

F. Unroofed terraces, patios, steps, or similar features may not extend over 3 feet above grade when

projecting into any required yard. Section 151.04.0089 Yards and Setbacks, General Usage A. Except as provided elsewhere in this Code, no compressor unit, condensing unit, cooling tower,

evaporative condenser, or similar device located on the ground shall be located closer to any interior lot line than the minimum setback required for the main building. All such devices shall discharge air in a direction other than toward any lot line within 25 feet of such device.

B. Where future street lines have been officially established by the Council, all required setbacks shall be

measured from future property lines. C. Satellite antennas shall not be erected in the required front or side yards.

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A 20’

C B

Clear Vision Area

A = 20’ from the back of curb or pavement edge A-B = Clear Vision Line A-C = Clear Vision Line

Section 151.04.0910 Clear-Vision Area A. Clear Vision Areas at Street Intersections. Development shall be setback or restricted near certain street

intersections in order to provide a minimum clear-vision area. Clear-vision areas shall be determined for each controlled street intersecting a thru or uncontrolled street. The determination of the clear-vision area for each controlled street shall be made according to Diagram 1 using the minimum corner sight distance listed in Table A.

TABLE A

MINIMUM CORNER SIGHT DISTANCE BY TYPE OF STREET OR DESIGN SPEED

Type of Through Street Design Speed A-B, A-C Distance

in Feet

Principal Arterial 55 mph 550 Major Arterial 45 mph 450 Minor Arterial 40 mph 400 Collector 30 mph 300 Local 25 mph 250 Note: To determine corner sight distance for speeds not included in this table, multiply the speed by 10 to calculate the distance.

B. Clear Vision Areas at Driveways. Clear-vision areas at driveways, including private driveways to public

streets in residential, commercial, or industrial districts shall have a minimum clear-vision area as determined by Diagram 1 and Table A. For driveways, point A shall be no closer than 10 feet behind the curb of the public street being accessed.

The clear-vision area for each driveway shall be illustrated on every site plan submitted to the City for approval.

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C. Obstructions in the Clear Vision Area. There shall be no fence, structure, wall, or sign, higher than 3 feet and no landscaping between a height of 3 feet and 8 feet within the Clear Vision Area for driveways, alleys, and street intersections. Obstructions in the Clear Vision Area for residential driveways shall not be regulated. The height shall be measured from the top of the curb, or where no curb exists, from the established street centerline grade.

D. The preceding provisions shall not apply to the following: 1. A public utility structure; 2. A supporting member or appurtenance to a permanent building lawfully existing on the date this

standard becomes effective and permitted as a non-conforming structure as provided by Section 151.24.002,G;

3. An official warning sign or signal; 4. A place where the natural contour of the ground is such that there can be no cross-visibility at the

intersection

DEVELOPMENT CODE


Section 151.04.01011 Fences and Walls A. A fence or wall may be erected in any residential zoning district if it meets the following requirements: 1. Maximum height and setback requirements: (measured from highest grade on either side of the

fence): a. In a side and rear yard setback, the maximum height of a fence or wall shall not exceed 6 feet

except for the following : (1) A fence or wall can be constructed 8 feet above grade within the buildable area of the

principal structure as long as all requirements of the International Building Code are met. (2) Medical Marijuana Cultivation Facility walls shall be constructed 10 feet above grade within

the buildable area of the principal structure as long as all appropriate requirements of the International Building Code and the Arizona Department of Health Services are met.

b. Additional height can be requested by applying for the Administrative Modification process as

described in Section 151.04.006, Administrative Modification a. c. In a front yard setback, the maximum height of an opaque fence or wall shall not exceed 4 feet

on properties less than 10,000 square feet or shall not exceed 5 feet on properties larger than 10,000 square feet. Any fence or wall constructed higher than 3 feet above grade shall be setback 20 feet from the front property line. If the fence or wall is less than 3 feet above grade, it can be constructed at the property line;

b. Fences and walls, up to 6-feet high, can be located in any required rear or required side yard; dc. No opaque fence or wall exceeding 3 feet high shall be erected in the clear-vision area of a

driveway, alley, or intersection; d. A fence or wall can be constructed 8 feet above grade within the buildable area of the principal

structure as long as all requirements of the International Building Code are met. Medical Marijuana Cultivation Facility walls shall be constructed 10 feet above grade within the buildable area of the principal structure as long as all appropriate requirements of the International Building Code and the Arizona Department of Health Services are met.

ee. All fences and walls are to be constructed on private property and out of any public right-of-way,

public drainageways, and publically dedicated easements.

DEVELOPMENT CODE


B. No fence on the exterior of the property shall contain barbed wire, razor ribbon, electrical current or charge of electricity, broken glass, or similar hazardous materials or devices. However, fences in commercial or industrial districts which enclose storage areas, transformers, antennae, or other high value or dangerous installation areas may have barbed wire or razor ribbon connected so long as they are located more than 6 feet above grade. Where the keeping of livestock is permitted, barbed wire is allowed.

C. Every fence shall be maintained in a condition of reasonable repair and shall not be allowed to become

and remain in a condition of disrepair. Any fence that is or has become dangerous to public safety, health, or welfare shall be considered a violation of this Code.

DEVELOPMENT CODE


Section 151.04.0112 Swimming Pools A. No swimming pool or other body of water intended for bathing 2 feet or greater in depth and longer than

4 feet in the largest linear dimension shall be located in any required front or side yard nor shall any such pool or body of water intended for bathing be closer than 4 feet to any lot line.

B. Whether it is accessory to a residential or a business use, every swimming pool or body of water

intended for bathing 2 feet or greater in depth and longer than 4 feet in the largest linear dimension shall be enclosed by a fence, wall, or other structure in conformance with the provisions of the International Building Code.

C. Under no circumstances shall a pool intended for bathing be drained into an alley or other public right-of-

way except that draining to a street or alley capable of carrying the run-off may be authorized by permit from the City. The Director of Community Development may permit the use of an on-site dry well for pool drainage. Any such dry well shall be subject to the requirements of A.R.S. §49-331 through 336, which requires a permit from the ADHS (Arizona Department of Health Services) and any provisions contained in Section 151.22.029, Flood Hazard.

D. Any structure built over a swimming pool or body of water intended for bathing, whether rigid, semi-rigid

or inflatable is considered to be an accessory building as defined in Section 115.02.004 and must meet the requirements of the adopted International Building Codes. Plans must be submitted to the Department of Community Development for approval prior to commencement of initial construction.

E. New swimming pools, spas, and hot tubs shall be required to have a cover. The permit application shall

note the type of cover proposed. Covers shall be of a solid (not mesh) design.

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Section 151.04.0123 Unsuitable Land Property may not be developed if, in the opinion of the City, based on the written recommendation of the Director of Community Development, the land is unsuitable for the proposed use by reason of adverse topography, adverse soils, earth surface subsidence, high water table, periodic flooding, lack of water, or other natural or man-made hazards to life. However, the City may approve development of such land upon receipt of evidence from the developer's professional engineer’s justification acceptable to the Director of Public Works that the construction of specific improvements can be expected to render the land usable, in which case, construction upon such land shall be prohibited until the specified public improvements have been designed by the developer's professional engineer, approved by the City Engineer, and construction has been guaranteed.

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Section 151.04.0134 Grading Requirements A. Cuts. Cut slopes shall not exceed in steepness a 3:1 (horizontal to vertical) ratio unless recommended

by a certified soils engineer and approved by the City Engineer. Slopes between 3:1 and 4:1 ratio shall receive an approved slope treatment such as dumped rip rap, grouted rip rap, or concrete. Slopes flatter than 4:1 may require a slope treatment such as hydroseeding, decomposed granite, or as determined by the City Engineer. Slopes flatter than 4:1 and located in the public right-of-way shall require a slope treatment such as hydroseeding, decomposed granite, or as determined by the City Engineer.

B. Fill. Fill slopes shall not exceed in steepness a 4:1 (horizontal to vertical) ratio. All fills shall receive an

approved slope treatment such as hydroseeding, decomposed granite, or as determined by the City Engineer.

1. Ground Preparations. The ground surface shall be prepared to receive fill by removing vegetation,

noncomplying fill, top soil and other unsuitable materials; scarify to provide a bond with new fill and where slopes are steeper than 15 percent and the height is greater than 5 feet, by benching into a competent material as determined by a certified soils engineering report and approved by the City Engineer.

2. Structural Fill Material. Detrimental amounts of organic material shall not be permitted in structural

fills. Burial of tree stumps will not be allowed on any site other than an approved solid waste disposal site. No rock or similar material greater than 6 inches in diameter shall be placed in a structural fill. The City Engineer may permit placement of larger rock if the soils engineering report devises a method to continuously inspect placement and certify stability of rock disposal areas having no overlapping with physical improvements, and is a minimum of 5 feet below grade measured vertically.

3. Structural Fill Compaction. Structural fill will be compacted to a minimum of 95 percent of maximum

density. The soils engineer shall certify all structural fills as meeting minimum bearing capacity for the intended use and meeting minimum compacted density of 95 percent.

4. Non-Structural Fills. Fill materials and landscape berms will be compacted to at least 90 percent

maximum density by reasonable mechanical means.

ADMINISTRATIVE SITE PLAN STANDARDS AND SUBMITTAL REQUIREMENTS

SECTION 151.18, SITE PLANS

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151.18-1 Amended May 8, 2008

7/2009

ARTICLE 151.18 SITE PLAN

151.18.001 Purpose 151.18.002 Site Plan Required 151.18.003 Exemptions 151.18.004 Presubmittal Meeting 151.18.005 Modified Administrative Site Plans 151.18.006 Site Plans 151.18.007 Parking Lot Plans 151.18.0078 Significance of Approval 151.18.0089 Completion of Project Documents 151.18.9010 Fees Section 151.18.001 Purpose The purpose of this Article is to address the submittal process for commercial, industrial, and multi-family residential developments. Section 151.18.002 Site Plan Required Site plans or modified administrative site plans are required, except when exempted per Section 151.18.003, for any building construction, use, or new parking lots. All site plan forms and checklists can be found on the City website or in the Department of Community Development. Section 151.18.003 Exemptions Developments meeting the following criteria shall be exempt from the requirements to submit a site plan. A. Single-family residences and accessory buildings constructed in an approved subdivision in a Single-

Family Residence (SFR) or Multi-Family Residence, (MFR) district.

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B. Manufactured home residences and accessory buildings placed on lots in established mobile or manufactured home parks or approved subdivisions in a Manufactured Home Residence (MHR) and Recreational Vehicle Park (RV) districts.

C. Multi-family residences consisting of four or fewer units per lot. D. When determined by the City, modifications to an existing structure. Section 151.18.004 Presubmittal Meeting A. A presubmittal meeting is required prior to submitting the formal site plan application. B. A presubmittal application is required to request the presubmittal meeting C. The City will provide the applicant with general written information regarding the proposed development

at or after the meeting. Section 151.18.005 Administrative Site Plan Review ProcessModified Site Plan Process The Administrative Site Plan review process provides for administrative review and approval of developments that meet the following criteria: A. Construction of a building addition that does not to exceed 2,500 square feet and limited to a one time increase. B. The construction of new accessory buildings. C. Construction of new impervious surface does not exceed 10 percent of existing impervious surface or 5,000 square feet, whichever is less, and limited to a one-time increase. D. When the existing site meets the minimum parking requirements as stated in Development Code Section 151.09, Off-Street Parking & Loading. Modified site plans apply to modifications and additions to an existing site or use, new sites that do not require the construction of buildings, and any other uses when determined by the City. The modified site

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151.18-3 Amended May 8, 2008

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plans must meet the minimum site criteria, as applicable, identified in Section 151.18.005 A and B. The number of copies of site plan documents submitted shall be indicated on the application form. A. Submittal Process

Modified site plan The Administrative Site Plan submittals shall consist of the following information, as applicable:

1. A modified site plan The Administrative Site Plan application form. 2. A site drawing, scaled at an appropriate size, (generally, 20 or 30 scale is appropriate), providing

the following information: a. All property lines. b. Building setbacks as required by Development Code Article 151.22, Establishment of Zoning

Districts. c. Current zoning of the site and all adjacent zoning. d. Dimensions of all buildings. e. Parking and circulation as required by Development Code Article 151.09, Off-Street Parking

and Loading. f. Buffering and landscaping as required by Development Code Article 151.15, Landscaping,

Walls, Screening and Buffering, or as determined by the City. g. Utility tie-ins including existing utilities adjacent to the site. h. Americans with Disabilities Act accessibility as required by ADAAG. i. Locations of all existing and proposed access points as required by Development Code Article

151.17, Access Standards. j. Site visibility as required by Development Code Section 151.04.010, Clear Vision Area, if

applicable. k. Locations, dimensions, and descriptions of all existing or proposed easements.

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151.18-4 Amended May 8, 2008

7/2009

l. Drainage patterns on the site indicated with flow arrows. m. Location of all adjacent right-of-ways and existing public improvements. n. Public improvements, if any proposed.

o. Any other information the City may deem necessary. 3. Clearly readable catalog cutsheets and a luminare schedule for any new proposed exterior lighting,

as required by Development Code Article 151.11 Outdoor Lighting. 4. Proof of Ownership and/or Proof of Agency as required by this Article. 5. Drainage mitigation per either a grading plan or drainage statement.

5.6. Any other information the City may deem necessary. B. Application Process 1. The application and supplemental information shall be submitted to the City for distribution to all

applicable City departments and utility companies for their reviews. 2. After staff completes the review, comments will be sent to the applicant. The applicant will be

required to revise and resubmit the plans. 3. City staff grants the final approval. Conditions may be applied. 4. After final approval, the applicant shall submit two plan sets of documents for stamped approval. of

vellums and an electronic copy of the stamped approved plans. approved modified site plan. Section 151.18.006 Site Plan Process Developments or uses proposed on vacant or unimproved sites or developments on sites where proposed improvements would not be classified as a modified site plan, as determined by the City, are required to submit a site plan. Site plans must meet the minimum site criteria, as applicable, identified in Section 151.18.006A and B. The number of copies of the site plan documents submitted shall be indicated on the application form.

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151.18-5 Amended May 8, 2008

7/2009

A. Submittal Process. Site plan submittals shall consist of the following information, as applicable: 1. A site plan application form. 2. A site drawing, scaled at an appropriate size, (generally, 20 or 30 scale is appropriate) providing

the following information (multiple sheets may be required to provide information): a. A vicinity map showing lot location and major cross streets. b. A legend. c. A north arrow. d. Current zoning of the site and all adjacent zoning. e. Grading on the site, as required by Development Code Section 151.04.014, General

Regulations, that includes: (1) Topography (2) Contour lines for existing and proposed elevations at 1-foot intervals (3) Drainage and proposed drainage flows (indicated with flow arrows) (4) Finished floor elevations (5) All slopes identified using percentages (6) All depressed and mounded areas identified with general contour lines and/or proposed

elevations (7) Any areas to be used for stormwater detention

f. A legal description of the site.

g. All property lines.

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h. Building setbacks as required by Development Code Article 151.22; Establishment of Zoning Districts.

i. Buffering and screening as required by Development Code Article 151.15, Landscaping, Walls,

Screening, and Buffering. j. The location of all existing and proposed structures, including distances from all structures to

all lot lines. k. Dimensions of all buildings. l. Percentage breakdown of the site covered by structures, concrete, asphalt, and

landscaping/pervious surfaces. m. Right-of-ways dimensions of all abutting streets, whether public or private, and access to the

site. n. Parking and circulation as required by Development Code Article 151.09 Off-Street Parking

and Loading. o. Americans with Disabilities Act accessibility as required by ADAAG. p. Locations of all existing and proposed access points as required by Development Code Article

151.17, Access Standards. q. Locations, dimensions, and descriptions of all existing or proposed easements. r. Location of the pedestrian route as required by Development Code Article 151.09. Off-Street

Parking and Loading. s. Outdoor recreation and amenity areas. t. Service areas such as mail, delivery, and loading zones. u. Trash disposal method and location. Include the dumpster enclosure detail if appropriate.

Show trash compactor(s) if proposed. v. Utility tie-ins including existing utilities adjacent to the site. w. The location of the nearest existing and future fire hydrant(s).

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x. Street or alley right-of-ways to be dedicated and/or improved pursuant to the requirements of

Development Code Article 151.08.0021.IJ, Dedication and Improvement. y. Sidewalks, building entrances, open spaces, and plazas. z. Site Visibility as required by Development Code Section 151.04.010, Clear Vision Area, if

applicable. aa. Landscaping and irrigation design as required by Development Code Article 151.15.

Landscaping, Walls, Screening, and Buffering and Article 151.16 Water Conservation. bb. Traffic Control Devices as required by Development Code Article 151.08, Public Facilities

Standards.

cc. Oil and grease separator locations as required by Development Code Article 151.09, Off-Street Parking and Loading.

dd. Bike racks as required by Development Code Article 151.09, Off-Street Parking and Loading. ee. Proposed free-standing sign locations as required by Development Code Article 151.10, Sign

Regulations. ff. Street light locations as required by Development Code Section 151.08.008, Electrical Service

Design and Construction. gg. Any other information the City may deem necessary. 3. Building Elevations Drawings. Provide color elevations of all principal and accessory buildings.

The drawings need to reflect the standards described in the Architectural and Design Guidelines and include indications as to how rooftop mechanical equipment is screened.

4. Clearly readable catalog cutsheets and a luminare schedule for any proposed exterior lighting as

required by Development Code Article 151.11, Outdoor Light Control. 5. A Geotechnical Report is required, when determined by the City, for all new buildings. The

Developer can submit a Geotechnical Report for the entire site with appropriate information for each building pad or submit a report for each individual development on the site. An Arizona registered civil engineer is required to prepare the Report. The report shall meet the requirements of Development Code Article 151.04.014, Grading Requirements.

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151.18-8 Amended May 8, 2008

7/2009

6. A Site Hydrology Report. A site hydrology report shall be prepared by an Arizona registered civil

engineer. The Site Hydrology Report should conform to the requirements criteria in Development Code Section 151.08.0086, Surface Drainage and Storm Sewer Systems. The City will review the report for accuracy.

7. A Traffic Impact Report. The City may request that the Developer and/or other responsible parties

submit a transportation impact report as per Development Code Section 151.19.003, Subdivision Procedures and Requirements, Preliminary Plat Stage.

8. A Native Plant Salvage application (for undisturbed sites that are 1 acre or greater), per

Development Code Article 151.15, Walls, Landscaping, Screening and Buffering. 8. Community Development and Engineering Site Plan Checklists. 9. Proof of Ownership and/or Proof of Agency. a. A title report issued not more than 30 days prior to the date of the Site Plan submittal.

(1) If the land is owned by a corporation, a corporate resolution is required designating the individual to act as the agent. The Corporate Resolution must be certified with the Corporate seal.

(2) If the land is owned by a partnership, a written document, signed by all partners,

designating the individual to act as the agent is required.

(3) If the land is owned by an individual, a written document, signed by the owner designating the individual to act as the agent is required.

10. Development Phasing. For any development proposed to be constructed in phases, the Developer

must first submit a master plan for the entire site for approval by the Committee and then submit a site plan for the individual pads.

11. Any other information that the City may deem necessary. B. Application Process 1. The application and supplemental information shall be submitted to the City for distribution to all

applicable City departments and utility companies for their reviews. The Developer is encouraged to contact applicable utility companies either prior or during the review process.

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151.18-9 Amended May 8, 2008

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2. After staff completes the review, comments will be sent to the applicant. The applicant will be

required to revise and resubmit the plans. 3. All final site plans are presented to the Committee for final approval. The Committee shall

determine approval based on consideration of all applicable code requirements. Any aggrieved person can appeal the Committee’s decision per Development Code Article 151.03.006, Administration and Enforcement.

4. After final approval, the applicant shall submit two plan sets of documents for stamped approval.

and an electronic copy of the stamped approved plans.After final approval the Developer is required to submit two sets of vellums and an electronic copy of the approved site plan.

Section 151.18.007 Parking Lot Plans Parking lot plans apply to existing parking lots that are to be either restriped or resealed. A. Submittal Requirements

1. Parking lot plan submittals shall consist of the following information, as applicable:

a. An 11 X 17 striping plan showing dimensions of all access aisles and parking stalls.

b. Handicapped accessibility as required by ADAAG. B. Application Requirements. 1. The parking lot plan shall be submitted to the City for distribution to all applicable City departments. 2. After staff completes the review, comments will be sent to the applicant. The applicant will be

required to revise and resubmit the plans. 3. City staff grants the final approval. Conditions may be applied. Section 151.18.0078 Significance of Approval

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151.18-10 Amended May 8, 2008

7/2009

Final modified site plan The approved site plan approval of a development is valid for two years from the date of approval. A. A project that has not started construction and has not been issued a building permit two years after

final approval, shall be required to revise the site plan to meet any new Development Code requirements.

B. A site plan that has started construction, and is making substantial progress, as determined by the City,

within the two-year validity period, shall be considered vested and not required to meet new Development Code requirements.

Section 151.18.0089 Completion of Project Documents A. As-built drawings will be required for storm detention basin input and output structures as determined

by the City. B. Site work that is not completed to the City’s satisfaction, will require, prior to the issuance of a final

certificate of occupancy, either a cashier’s check or a bond totaling 110 percent of the estimated cost to complete the improvement. An estimate of the remaining work shall be provided to and approved by the City.

C. Upon completion of the improvement, the City shall return the security to the Developer. Section 151.18.0910 Fees Development review fees for site plans shall be determined according to a schedule established by Resolution of the Council and posted in the Office of the City Clerk. Parking lot plans shall be exempted from development review fees.

INCREASED COMMERCIAL BUILDING HEIGHTS; REDUCED BUILDING SETBACKS IN INFILL

INCENTIVE DISTRICT

SECTION 151.02, DEFINITIONS

SECTION 151.22.018, GENERAL COMMERCIAL ZONING DISTRICTS

ARTICLE 151.02. DEFINITIONS

Section 151.02.004 Definitions Frontage, Primary. The side of the lot or parcel that abuts the more intensive functional street classification. If street classification is the same for both streets, then the street that the parcel is addressed shall be considered the primary frontage. Frontage, Secondary The side of the lot or parcel that abuts the less intensive street functional classification.

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151.22.018-1 Approved on 2/25/16 Ordinance 2016-002

Section 151.22.018 GC - General Commercial A. Purpose. This zoning district is comprised of certain lands, structures and uses which serve the

central retail marketing function of the Sierra Vista trade area. Most persons entering the district will arrive by automobile on a multi-purpose trip. The economic welfare of the retail merchandising depends upon development of comparison shopping with each establishment contributing to the variety of goods available in the entire district. The essential interdependence of activities should be given preference over the provision of direct automobile access to each establishment. Office building activities, personal and business services, and minor repair services are compatible with the primary purpose of the district so long as they contribute to the one-stop shopping objective and are essentially complimentary to the primary function of retail sales. Regulations are designed to encourage a concentrated development limited by standards to prevent traffic congestion and to protect the district from incompatible uses.

B. Approval Required. No structure or building shall be built or remodeled upon land in the General

Commercial district until all required subdivision plat and/or site plan approvals have been obtained. C. Location. The following criteria shall be considered in establishing and maintaining a GC district. 1. Corresponds to appropriate designation in the City of Sierra Vista General Development Plan. 2. Corresponds to an existing district or development in an area annexed into the City. D. Permitted Uses

1. Principal and accessory uses in this district shall be allowed as provided under Section 151.22.006, Matrix of Use Permissions by Zoning District.

E. Property Development Standards (Residential Use or Mixed-Use Building)

1. In accordance with the provisions of Section 151.22.010(E), MFR District, of this Code. F. Property Development Standards (All Other Uses). 1. Required Area: No minimum area requirement. 2. Maximum Building Height. No building shall exceed 360 feet in height, except that within 100

feet of any UR, SFR, MFR, MHR or RV district, no building shall exceed 3025 feet in height. 3. Minimum Distance between Main Buildings. As prescribed by the International Building Code.

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4. Required Yards. a. Front Yard: (1) There shall be a front yard having a depth of not less than 40 feet. (2) Where a lot has double frontage on two streets, the required front yard of not less than

40 feet shall be provided on both streets. (3) Where a lot is located at the intersection of two or more streets, the required front yard

of not less than 40 feet shall be provided on one street, and a yard having a depth of not less than 20 feet shall be provided on the intersecting street.

b. Front Yard within Infill Incentive District Area. On properties located within the Infill

Incentive District Area, the following minimum yard requirements shall apply: (1) On interior lots and parcels, there shall be a front yard setback having a depth of not

less than five feet. (2) On through lots and parcels, there shall be a front yard having a depth of not less than

five feet on the primary frontage and not less than 10 feet on the secondary frontage. (3) On corner lots and parcels, there shall be a front yard having a depth of not less than

five feet on the primary frontage and not less than 10 feet on the secondary frontage. c.b. Side and Rear Yard: See Article 151.15. G. Non-Residential Accessory Buildings. 1. Maximum Height: 15 feet above grade. 2. Maximum Yard Coverage: 35 percent of the required side and rear yard. 3. Location Restrictions. No accessory building shall be erected in any minimum required front or

side yard, except as otherwise provided in this code. 4. Setback Requirements. Accessory buildings shall be setback from the side lot line and the rear

lot line a distance not less than 3 feet, except; a. for a lot having its rear lot line contiguous with an alley line, no rear setback shall be

required for the accessory building(s), or

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b. for a corner lot abutting a key lot and not separated by an alley, any accessory building

shall be setback from the rear lot line a distance not less than the width of the least required side yard applicable to the main building, or

c. for a corner lot, the street side setback shall be the same as for the main building. H. Performance Standards. In accordance with the provisions of Article 151.05. I. Off-Street Parking and Loading. In accordance with the provisions of Article 151.09. J. Sign Regulations. In accordance with the provisions of Article 151.10. K. Landscaping, Screening and Buffering. In accordance with the provisions of Article 151.15. L. Access. In accordance with the provisions of Article 151.17.

WATER HARVESTING

SECTION 151.04.015, REQUIRED DRAINAGE FACILITIES

ARTICLE 151.09, OFF-STREET PARKING & LOADING

ARTICLE 151.15, LANDSCAPING, WALLS,

SCREENING, AND BUFFER

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Section 151.04.0145 Required Drainage Facilities A. All roof and foundation drains may be discharged either to: 1. a street or an alley, or 2. a public or approved private storm drain, or 3. a natural drainageway, if adjacent to the lot, or 4. to an on-site storage facility.(i.e. rain storage tank) 5. to depressed landscaped areas with a sufficient buffer from building foundation. 6. other as approved by the City Engineer. B. The design of drainage facilities that involve discharges to a public works improvement or public property

shall be reviewed and approved by the Director of Public Works prior to issuance of a building permit by the Director of Community Development. The Director of Community Development may permit the use of an on-site detention, retention, or dry well located in the rear yard for such drainage, provided the design is reviewed and approved by the Director of Public Works. Any such dry well shall be subject to the requirements of A.R.S. §49-331 through 336 which requires a permit from the ADEQ. See Article 151.22.029, Flood Hazard, for applicable provisions when location of dry wells falls within the flood prone area.

C. Subsurface drainage facilities may be required in areas of fill if it is determined by a geologist or certified

soils engineer that there will exist a groundwater situation that could cause stabilization problems. Any subsurface natural spring or field tile shall be piped to an approved drainage facility.

Section 151.04.0156 Parking of Miscellaneous Vehicles and Trailers in Residential Zoning Districts A. In residential zoning districts, no recreational vehicles, boat trailers, horse trailers, and similar trailers

shall be parked or stored so as to interfere with the clear vision area as described by Section 151.04.009 or project into any right-of-way. No such vehicle so parked or stored shall be used for living purposes for more than 14 consecutive days.

B. No commercial or industrial type equipment to include: tractors, backhoes, bulldozers, trenchers,

cranes, or other similar equipment, may be parked in an area visible to the public for more than 48 hours in any residential zoning district except when the equipment is being used for construction purposes on the site.

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ARTICLE 151.09

OFF-STREET PARKING AND LOADING 151.09.001 Purpose 151.09.002 General Regulations 151.09.003 Computation of Off-Street Parking Requirements 151.09.004 General Parking Lot Design Requirements 151.09.005 Minimum Off-Street Parking Requirements 151.09.006 Bicycle Parking 151.09.007 Parking Credits and Flexible Parking Allocations 151.09.008 Off-Street Loading Requirements Section 151.09.001 Purpose These regulations are established in order to provide on-site parking and loading areas and access to such areas of adequate capacity, and appropriate location and design. The parking requirements are intended to provide sufficient parking in close proximity to the various uses for residents, customers, and/or employees and to maintain the traffic carrying capacity of nearby streets. Section 151.09.002 General Regulations A. Buildings and uses in existence at the effective date of this Code shall be exempt from parking

requirements hereinafter specified provided, that whenever the usable floor area of such existing building is increased or an existing use of premises is expanded, off-street parking for the increased floor area or use shall be provided in the minimum amount hereinafter specified for that kind of use.

B. The owner or occupant of any building or use, subject to off-street parking requirements under this

Code, shall not discontinue or reduce any existing required parking lot without first having established other parking space in replacement, which meets all requirements of this Code.

C. Required parking shall be available for the parking of operable automobiles for residents,

customers, and employees. A required loading space shall not be used for any other purpose than the immediate loading or unloading of goods.

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D. The owner or occupant of any building or use for which a parking area is being provided shall be responsible for the maintenance of the parking area. Failure to maintain the surface, lighting, and landscaping of the parking facility shall constitute a violation of this Code.

E. No occupancy permit shall be granted to any structure until the parking areas intended for use by

occupants of the building has been completed. F. The extension or allowance of off-street parking into public street right-of-way shall be prohibited,

except as authorized under Section 151.09.007. Section 151.09.003 Computation of Off-Street Parking Requirements A. When a principal building or use includes several different types of activities which generate

different levels of parking need, the parking spaces for each use shall be computed separately and the sum of each use shall determine the minimum number required off-street parking spaces required.

B. When used in computation of off-street parking requirements, the term "employees" shall include

proprietors and administrative personnel as well as all other personnel engaged on the premises in the use of a building, structure, or lot.

C. When computation of parking requirements results in a fractional requirement, any fraction shall be

counted as one space. D. In the case of a use not specifically mentioned, the requirements for off-street parking facilities shall

be the same as the use which, as determined by the City, is most similar to the use not specifically mentioned.

Section 151.09.004 General Parking Lot Design Requirements A. Surfacing and Drainage. Every parking lot, including display areas for vehicle parking, Required on-

site parking spaces and drive aisles shall be paved with 2 inches of asphaltic concrete over 4 inches of aggregate base course or 4 inches of Portland Cement Concrete reinforced with #8, 6-inch by 6-inch wire mesh over a sub-base compacted to 95 percent density and properly drained with a minimum grade of 0.5 percent and a maximum grade of 6 percent. Non-required parking spaces may be constructed using pervious or semi-pervious surfaces that do not cause erosion, barriers to pedestrian access, or adverse effects to abutting parcels. Required landscape areas shall be

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designed to accept stormwater runoff prior to draining to a stormwater conveyance feature when practicable. Every parking lot shall be subject to approval by the Site Plan process of Article 151.18.

B. Access: Per Article 151.17. C. Indirect Source Pollution. All parking areas, designed to contain 250 or more parking spaces, or

have two or more levels, shall be required to install oil and grease separators. D. Striping and Signage. All parking areas shall be striped and signed according to the standards

adopted by the City. E. Handicapped Parking. All parking areas and spaces shall conform to the standards specified in the

Americans with Disabilities Act Accessibility Guidelines and amendments. The handicapped parking space shall be appropriately striped, and a parking space sign meeting the City's standards shall be permanently placed in front of the space. In accordance with adopted standards, all handicapped spaces shall be located as close to the entrance as possible.

F. Cycle Parking. In all new multi-dwelling and commercial developments, there shall be sufficient

areas established to provide for parking of motorcycles and mopeds. Such areas shall be clearly defined and reserved for the exclusive use by motorcycles and mopeds.

G. Pedestrian Access. Every parking lot shall provide a clearly identified pedestrian walkway,

consisting of striping, or alternative pavement type and color, extending from the building being served to the public sidewalk or public multi-use path. Whenever possible, such access shall be protected from vehicular access.

H. Driveways and Accessory Drives. 1. In no case shall two-way driveways be less than 24-feet wide or one-way driveways less than

20-feet wide. 2. Accessory drives to service windows shall be a minimum of 12-feet wide. If accessory drives

provide access to any adjacent parking spaces, the dimensions of paragraph 1 alone shall apply.

I. Egress to Streets. Except for single-or two-dwelling structures, lots with more than three parking

spaces shall be provided with adequate aisles or turnaround areas so that all vehicles may enter the street in a forward manner.

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J. Minimum Clearance. Driveways, aisles, turnaround areas, and ramps shall have a minimum vertical clearance of 12 feet for their entire length and width, but such clearance may be reduced in parking structures.

K. Drainage. Adequate drainage shall be provided to managedispose of the run-off generated by the

impervious surface area of the parking lot in accordance with the provisions of Section 151.08.008. L. Clear Vision Area. See Section 151.04.010 for driveway clear vision area requirements. M. Connect Parking Areas. Parking areas should be designed to connect with parking areas on

adjacent sites to eliminate the necessity of using the street for cross movements when possible. N. Clusters of Parking Spaces. Parking clusters shall not exceed 100 spaces. O. Setback From a Street. Where a parking lot is located across a street from a residential district, a 3-foot-high opaque obstruction to the lights from the parked automobiles must be provided between

the parking lot and the street line. This shield may be in the form of a masonry wall, earth berm, or depressed grade, or any other method approved by the City. Regardless of the zoning district in which the parking lot is located, every part of a parking lot shall be set back a sufficient distance from every lot line to insure that no part of any parked vehicle will project over any lot line or obstruct any public or private sidewalk.

P. Lighting. Parking lots used during hours of darkness shall be lighted. Pole-mounted lighting less

than 13 1/2 feet in height shall be protected against vehicular and pedestrian traffic. See Article 151.11.

Q. Landscaping, Screening and Buffering. In accordance with the requirements of Article 151.15. R. Off-Street Parking Lot Design. All off-street parking lots shall be designed in accordance with City

Standards for stalls and aisles as set forth in the drawings, notes, and table found on the following page.

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Standard Parking Area Dimensions

A) Parking Angle B) Stall Width C) Stall Depth (with and without bumper overhang) D) Aisle Width between Stall Lines (5) E) Stall Width Parallel to Aisle F) Bumper Overhang

NOTES: 1. For one row of stalls, use "C" plus "D" as minimum width. 2. Public alley width may be included as part of dimension "D," but all stalls must be on private

property, off the public right-of-way. 3. For estimating the available parking area, use 350 square feet per vehicle for stall, aisle, and

access area. 4. The stall width for self-parking of long duration is 8.5 feet; for higher turnover self-parking is 9.0

feet; and for supermarkets and similar facilities (shoppers with packages) is 9.5-10.0 feet. 5. The minimum aisle width for two-way traffic and for emergency vehicle operations is 24 feet.

The minimum aisle width for one-way traffic and for emergency vehicle access is 20 feet. Only certain aisles may be needed for emergency vehicle access.

6. If a vehicle overhangs a private sidewalk, a minimum accessible area of 3 feet must be

maintained for pedestrian access.

A B C D E F

45° 8.5’ 9.0’ 9.5’

10.0’

17.5’ 17.5’ 17.5’ 17.5’

13.0’ 12.0’ 12.0’ 12.0’

12.0’ 12.7’ 13.4’ 14.1’

2.0’ 2.0’ 2.0’ 2.0’

60° 8.5’ 9.0’ 9.5’

10.0’

19.0’ 19.0’ 19.0’ 19.0’

18.0’ 16.0’ 15.0’ 14.0’

9.8’ 10.4’ 11.0’ 11.6’

2.5’ 2.5’ 2.5’ 2.5’

75° 8.5’ 9.0’ 9.5’

10.0’

19.5’ 19.5’ 19.5’ 19.5’

25.5’ 23.0’ 22.0’ 21.0’

8.8’ 9.3’ 9.8’

10.3’

2.5’ 2.5’ 2.5’ 2.5’

90° 8.5’ 9.0’ 9.5’

10.0’

18.5’ 18.5’ 18.5’ 18.5’

28.0’ 26.0’ 25.0’ 24.0’

8.5’ 9.0’ 9.5’

10.0’

3.0’ 3.0’ 3.0’ 3.0’

Figure 30

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S. All required off-street parking shall be located as follows: 1. On the same or contiguous lot(s) or parcel(s) of land of the use the parking is intended to serve. 2. On land in the same ownership as the use the parking is intended to serve. 3. On land which has the same zoning classification or a zoning classification which allows

Permitted or Conditional uses, as the use the parking is intended to serve. T. Alternative locations may be approved as part of the site plan review process provided the parking

provided at the alternative location is within 600 feet of the use to be served, as measured along the most direct pedestrian route from property line to property line. The pedestrian connection shall require no crossing of a collector or arterial street and shall be lighted. Further, a parking agreement, in a form approved by the City Attorney shall be recorded with the Cochise County Recorder's Office, at the owner's expense, providing that the off-premise parking area will not be disposed of except in conjunction with the sale or use of the building the parking area serves so long as the parking is required.

Section 151.09.005 Minimum Off-Street Parking Requirements A. Residential

Single family or multiplex dwelling structure 2 spaces per dwelling

Apartment spaces No. of Bedrooms in Apt Efficiency

1 2 3 4

Off-Street Parking Needed

1.5 2.0 2.0 3.0

Motel, hotel 1 space per guest room or suite plus 1 space per employee per shift

Membership organizations Spaces to meet the combined requirements of the uses being conducted such as hotel, restaurant, auditorium, etc.

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Elderly housing (under section 221,d,4 of U.S. Housing Act 1961)

1 space for every dwelling, plus 1 per employee per shift

B. Institutions

Welfare or correctional institution 1 space per 3 beds based on maximum capacity

Convalescent hospital, sanitarium, nursing homes

1 space per 3 beds based on maximum capacity, plus 1 space per 2 non-resident employees

Hospital 2 spaces per bed based on maximum capacity

C. Places of Assembly

Church, main sanctuary or largest meeting area

Total square feet divided by 50 equals number of spaces.

Church, accessory uses in main building and other structures

Total square feet divided by 140 equals number of spaces

Library, museum, art gallery 1 space per 250 square feet of floor area.

Preschool, nursery, kindergarten, daycare center

1 space per three children based on maximum capacity.

Elementary or middle school 1 space per employee, teacher, plus a bus loading area to be determined by a site plan review.

High school 1 space per employee plus one space for each three students.

College, commercial school 1 space per teacher or employee plus one space for each two students.

Meeting rooms For each five occupants based on maximum capacity as calculated under the provisions of the building code.

D. Commercial Amusements

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Stadium, arena, theater 1 space per 3 seats.

Bowling alley 5 spaces per lane plus 1 space per employee.

Skating Rink 1 space per 200 square feet of net floor area plus 1 space per employee.

Private recreational health facility The total required spaces for these uses shall be the sum of each component use calculated separately.

1. Gymnasium or exercise area 1 parking space per 200 square feet of floor area.

2. Courts, such as tennis, racquetball, etc.

3 parking spaces per court

3. Swimming pools 2 parking spaces per 100 square feet of water area.

4. Weight or machine rooms 1 parking space per 60 square feet of floor area.

5. Lounge area for food and drink 1 parking space per 100 square feet of floor area.

6. Other locker rooms, reception, sales, etc.

1 parking space per 100 square feet of floor area.

7. Golf courses Private/semi-private

4 parking spaces for each green on the golf course and 1 space for each two practice tees on the driving range.

8. Public recreation facilities Golf courses

6 parking spaces for each green on the golf course and 1 space for each practice tee on the driving range.

E. Commercial

Grocery stores and retail 1 space per 200 square feet of retail trade floor area.

Furniture or appliance 1 space per 500 square feet of store floor area for the first 5,000 square feet. 1 space per 1,000 square feet thereafter.

Auto, truck, boat, trailer, or equipment rentals or sales

1 space per 1,000 square feet of sales-display area.

Bank, office space 1 space per 150 square feet of net floor area.

Barber or beauty shop 1 space per 100 square feet of parlor floor area only.

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Medical and dental office 1 space per 200 square feet of office or clinic floor area only.

Eating or drinking establishment 1 space per 100 square feet of net floor area.

Mortuaries 1 space per 4 seats in the chapel. See 151.09.008.b for loading space.

Repair garages and gasoline service stations At least 4 parking spaces for each service stall; provided that all vehicles in the custody of the business for the purpose of service, repair, or storage shall be stored on the premises or on a separate off-street parking lot or in a building.

Private utility (gas, electric, telephone, etc.) 1 space per 150 square feet of net floor area plus 1 space per each employee on largest shift, plus one space for each vehicle stored on the site.

Shopping centers 6 spaces per 1,000 square feet of gross leasable area (GLA) for centers up to 400,000 square feet. 6 ½ spaces per 1,000 square feet of GLA for centers over 400,000 square feet.

Bed and breakfast facilities 1 space per guest room in addition to parking spaces required by permitted principal use.

F. Industrial

Manufacturing establishment Open space per 400 square feet of net floor area.

Storage, warehouse; wholesale establishment; rail or trucking, freight terminal; truck or auto storage

One space per 1,000 square feet of net floor area.

Multiple unit storage facilities One space per 150 square feet of net office floor area.

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Section 151.09.006 Bicycle Parking A. Applicability. New commercial buildings shall meet the requirements of this Section in connection

with an application for site plan (development) approval. Modifications to existing buildings are exempt.

B. Waiver. The Development Review Committee may grant a waiver to the requirements of this

Section as part of the site plan approval process based upon the applicant demonstrating that one or more of the following factors exist:

1. The property is located on a major arterial with no dedicated bicycle lane or multi-use path in

the immediate vicinity of the site or no such improvement is scheduled in the City's 5-Year Capital Improvements Plan;

2. The intended use of the building will not generate outside customer traffic;

3. The intended use of the building will not generate employee traffic requiring more than 20

vehicular parking spaces;

4. A suitable alternative for securing the required number of bicycles is provided;

5. Other special circumstance involving the specific nature of the intended use of the building or unique site condition.

C. Required Spaces. A minimum of two bicycle parking spaces or a number of bicycle rack spaces equal to 5 percent of the required number of vehicle parking spaces, whichever is greater, shall be provided.

D. Design and Installation. Racks shall be designed and installed to permit the frame and both wheels

to be secured. Each bicycle parking space shall provide a minimum of six feet by three feet of unobstructed space that shall not encroach into any sidewalk or pathway providing required pedestrian access. Racks shall be spaced at least 48 inches apart.

E. Placement. Bicycle parking shall be located within 50 feet from the main public entrance.

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Section 151.09.007 Parking Credits and Flexible Parking Allocations The City may allow the use of any combination of parking credits or allocations permitted by this Section during the permitting process.

A. Shared Parking. The use of shared parking may be allowed when the functional nature of the uses

resulting in differing peak hour demands. The number of vehicular parking spaces required shall be determined after the review of the parking study submitted by the applicant. Said study shall be based upon available traffic engineering and planning data available from sources accepted by the profession. Any such use shall also require the recording of a perpetual easement in a form acceptable to the City Attorney.

B. Parking Demand Study. The Director of Community Development may approve a reduction in the

amount of vehicle parking from that otherwise required by this Article with the submittal of a Parking Demand Study that is prepared in accordance with established professional practices.

C. Bicycle Parking. Required vehicular parking may be reduced by one parking space for each four

bicycle parking spaces installed above the minimum standard, provided however, the overall reduction shall not exceed 5 percent of the total required vehicular parking. Said bicycle parking shall be installed in compliance with the design and placement standards of Sec. 151.09.006 (C) and (D) of this Code.

D. Carpool Parking. On property zoned and used for office or industrial purposes, the number of

required vehicle parking spaces may be reduced by two parking spaces for each marked carpool parking space that is provided. Carpool parking spaces shall be situated closest to the building entrance, except for visitor or disabled parking spaces.

E. ADA Accessible Parking. The number of required standard parking spaces may be reduced by two

for each non-required accessible parking space that is provided on an existing developed site or on a one-for-one basis in connection with a site plan for new development.

F. Infill Incentive District Area. The required parking for retail, office, and service uses in the Infill

Incentive District Area may be reduced by a 1/2 parking space for every 20 contiguous feet of street frontage for which there is adjacent permitted on-street parking or by the number of designated parking spaces that are directly adjacent to the site. Credit shall not be given for a partial space.

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Section 151.09.008 Off-Street Loading Requirements A. Types of Loading Berths; Design. Required off-street loading space shall be provided in berths

which conform to the following minimum specifications. 1. Type "A" berths shall be at least 60 feet long by 12-feet wide by 15-feet high, inside dimensions

with a 60-foot radius maneuvering apron. 2. Type "B" berths shall be at least 30-feet long by 12-feet wide by 14-feet 6-inches high, inside

dimensions with 30-foot radius maneuvering apron. B. Number of Loading Spaces Required. The following numbers and types of berths shall be provided

for the specified uses. The uses specified below shall include all structures designed, intended or arranged for such use.

USE

AGGREGATE FLOOR AREA (SQ. FT.)

BERTHS REQUIRED TYPE

Freight terminals, industrial plants, manufacturing or wholesale establishments’ warehouses

12,000 – 36,000 36,001 – 60,000 60,001 – 100,000 Each additional 50,000 or fraction thereof

1 2 3

1 additional

A A A A

Motel, convention halls, multi-dwelling structures or sports arenas

25,000 – 150,000 150,001 – 400,000 Each additional 25,000 or fraction thereof

1 2

1 additional

B B B

Multi-family structures More than 25,000 Minimum 1 B

Hospital, convalescent homes and similar institutional uses

10,000 – 100,000 Over 100,000

1 2

B B

Department stores, retail establishments, restaurants, funeral homes, and commercial establishments not otherwise specified

7,000 – 24,000 24,001 – 50,000 50,001 – 100,000 Each additional 50,000 or fraction thereof

1 2 3

1 additional

B B B B

Hotels or office buildings 25,000 – 40,000 40,001 – 100,000 Each additional 100,000 or fraction thereof

1 2

1 additional

B B B

Schools Over 14,000 1 B

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Adequate loading spaces shall be provided so that a minimum of one space shall be provided to serve all dwellings within an improved walking distance of 250 feet, excluding vertical distances being served by an elevator.

C. Uses Not Specifically Mentioned. In the case of a use not specifically mentioned, the requirements

for off-street loading facilities shall be the same as the above mentioned use which, as determined by the City, is most similar to the use not specifically mentioned.

D. Concurrent Different Uses. When any proposed structure will be used concurrently for different

purposes, final determination of loading requirements will be made by the City but, in no event, shall the loading requirements be less than the total requirements for each use based upon its aggregate floor area.

E. Location of Required Loading Facilities. The off-street loading facilities required for the uses

mentioned in this Code shall be, in all cases, on the same lot or parcel of land as the structure they are intended to serve. In no case shall the required off-street loading space be part of the area used to satisfy the off-street parking requirements.

F. Manner of Using Loading Areas. No loading space shall be located so that a vehicle using the

loading space projects into a public street. Loading space should be provided with access to an alley or, if no alley adjoins the lot, with access to the street. Any required front yard may not be used for loading.

G. Loading Space for Dumpsters. A loading space for trash dumpsters shall be provided which does

not interfere with traffic circulation nor the use of parking spaces.

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151.15-1 Amended December 2010

ARTICLE 151.15 LANDSCAPING, WALLS, SCREENING AND BUFFERING

151.15.001 Purpose 151.15.002 General Regulations 151.15.003 Plant Salvage Requirements 151.15.004 Landscaping 151.15.005 Walls and Screening Devices 151.15.006 Buffering and Screening Requirements 151.15.007 Low Water Use/Drought Tolerant Plant List Section 151.15.001 Purpose The Landscaping, Plant Salvage, Walls, Screening and Buffering Article is designed to provide standards for the installation of landscaping, walls and buffer areas so as to promote the general welfare of the community. This is accomplished by encouraging the creation of an attractive appearance along public streets and by screening from view those uses that may be unattractive to the public eye. Landscaping materials, including ground cover, shrubs and trees, further promote the control of erosion and the reduction of glare and dust, as well as the visual softening of building masses. Walls and screening devices allow for the separation of clashing uses and for the buffering of intensive activities. Landscaping, walls, and screening devices help to effectuate privacy, facilitate logical development, and enhance property values. Plant salvaging promotes the conservation and use of native plants and helps maintain our sense of regional identity. Native plants, which are adapted to our climate and soils, generally become established more quickly, are hardier, and require less water than non-native plants. Section 151.15.002 General Regulations This Article shall apply to all new buildings and uses of land and to collector and minor, major, and principal arterial road right-of-ways, as defined by Article 151.08.003, adjoining residential subdivisions. It shall also apply to additions to existing buildings and uses in all zoning districts as determined by the City. This Article, with the exception of turf limitations, shall not apply to individual single family situations or uses. Developers of any residential subdivision, multi-family residential, commercial, or industrial development 1 acre or larger in size shall be required to salvage native plants.

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A. Any proposed building or use shall be shown on the site plan required by Article 151.18.003

indicating the location of existing and proposed buildings, parking areas, street improvements, locations, and types of landscaped areas, walls, and screening devices.

B. Occupancy permits may be issued prior to the complete installation of all required landscaping if

security equal to 110 percent of the cost of plant materials and labor, as verified by the City, is filed assuring such installation within six months after occupancy.

1. Security may consist of one of the following: (1) Posting of a performance bond by a qualified

surety, (2) establishing a cash trust, said fund to be deposited with the City to the credit of the developer, (3) depositing with the City a certificate of deposit issued by a banking institution authorized to issue same, or (4) filing with the City an executed contract of guarantee between the City and a trust company, banking institution, or other financial institution authorized to enter into such contracts.

2. If the installation of the landscaping is not completed within the period specified above, the

security may be used by the City to complete the installation. Upon completion of the installation, any portion of the remaining security deposited with the City shall be returned. The final landscape inspection shall be made prior to any security being returned. Any portions of the landscaping not installed, improperly installed, or not maintained shall cause the inspection to be postponed until the project is completed or cause the security to be used by the City.

Section 151.15.003 Native Plant Salvage A. Standards of Design and Development 1. Prior to site clearing or grading, developers of any residential subdivision, multi-family

residential, commercial, or industrial development 1 acre or larger in size shall be required to salvage native plants (except as identified in subsection 4 3 below). Significant native plants on the site, as determined by the City, shall be salvaged. The Plant Science Center (PSC) at the University of Arizona South Campus shall provide technical assistance to the City upon request. The developer shall be encouraged to participate in determining which plants shall be salvaged on the site.

Said plants shall be transplanted or stored on the site or relocated to another site approved by

the City. Upon completion of the project any stored plants may be transplanted on the site or

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relocated to another site approved by the City. The City will also permit donation of salvaged plants to the PSC, and the PSC may permit an exchange of salvaged plants with plants stored at the PSC, depending on availability and level of sponsorship.

2. During the site planning process, consideration shall be given to limiting disturbance to native

plants on the site to the greatest extent possible. 3. Developers of residential and commercial subdivisions may be allowed to meet the intent of this

Section through the establishment of open space to consist of a minimum of 15 percent of the site. The area shall be identified during the platting process and shall clearly be identified on the plat. Land set aside as open space in a Planned Area Development may be used to achieve both goals concurrently. Native plant salvage will not be required of commercial properties where the 15 percent open space requirement has been met.

4. The developer shall submit a written salvage plan, on forms provided by the City, outlining the

method they will use to comply with this Section. 5. The City and PSC personnel will review the proposed salvage plan during the processing of

commercial or industrial site plans, preliminary subdivision plats, or building permit applications, as applicable.

6. Depending on the size and nature of the site, the City shall either require that a professional

salvager be hired to salvage plants or allow the developer to salvage plants, or a combination of both.

7. The PSC at the University of Arizona South Campus will make every effort to contribute their

expertise to the salvage operation. If personnel are available, they will visit the site, help assess the salvage potential of the plants on the site, teach techniques, and provide consultation with the owner or developer regarding on-site care of salvaged plants. PSC personnel will also provide consultation on the re-introduction of salvaged plants to the site.

8. The City and PSC personnel will utilize the list of native plants identified in Section

151.15.003.A.11as a guideline to determining the native plants which shall be salvaged. Such factors as plant health, plant location, plant size, plant age, type of development, access requirements, grading requirements, and other considerations will be used to determine which plants will be salvaged.

9. Salvaged plants in a healthy condition, as determined by the City, may be used to meet Code

Section 151.15.004.A.6, which requires that 15 percent of commercial, multi-family residential,

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and industrial areas shall be landscaped, provided the plants are used on the site and meet the minimum size criteria for trees and shrubs as defined in this chapter. Any plant materials not surviving shall be replaced within 180 days of notice from the City to replace the plant materials.

10. Notwithstanding the requirements identified in Section 151.15.A.1 above, the following list of

native plants shall be considered for salvage: • Agaves (SPP)* • Cacti (SPP) • Yucca (SPP) • Dasylirion Wheeleri (Sotol, Desert Spoon) • Ocotillo • Nolina Micraocarpa (Beargrass) • Allium (Desert Onion) • Larrea Tridentata (Creosote) • Lycium (SPP)

• Rhus (SPP) (Sumacs) • Prosopis (SPP) (Mesquites) • Chilopsis Linearis (Desert Willow) • Native grasses (site specific) • Wildflowers (site specific) • Seed collection (site specific)

* SPP = species

Section 151.15.004 Landscaping A. Standards of Design and Development 1. All lots. Any part of the total lot area not required for buildings, structures, loading and vehicular access

ways, streets, parking and utility areas, pedestrian walks, and hard surfaced activity areas shall be landscaped with trees, shrubs, and groundcover plantings and may include other inorganic materials such as aggregate. No vehicular parking shall be permitted on landscape areas. All landscape areas and material shall be maintained in a healthy, neat, clean, weed-free condition. Dead plant material on commercial sites shall be replaced within six months after notification from the City with living plant material equal to that shown on the original site plan. Plants in right-of-ways shall be warranted as per City plant warranty requirements.

a. Irrigation. Provision shall be made for water service to all landscaped areas requiring water, including

required right-of-way landscaping adjacent to residential subdivisions. Such right-of-way landscaping shall be irrigated according to the irrigation specification standards provided by the City. Landscaped areas receiving stormwater runoff may have only a temporary irrigation system installed for plant establishment (first 2-3 years).

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b. Irrigation Site Plan. A diagrammatic irrigation site plan shall be submitted indicating the locations of main

and lateral irrigation lines and any necessary sleeving. c. Irrigation Compatibility. The City shall require that irrigation system installation in the public right-of-way

is compatible with and is planned for future extensions and expansions of irrigation systems that will be interconnected. Compatible fixtures shall include, but not be limited to meters, controllers, valves, piping, and electrical service and metering.

d. Shrubs. All shrubs shall be a minimum of 5 gallon size. e. Plant Materials. Plant material composition shall be as per the list in Section 151.15.007 or other plant

list provided by the City. f. Turf Limitations. Turf includes lawns and grassy areas which are kept mowed. The following restrictions

apply: (1) The use of turf is prohibited in governmental, commercial, and industrial development, except for

specific circumstances as allowed by the City. (2) Use of turf in multi-family residential development is limited to 10 percent of the landscape area. (3) Use of turf may be authorized as an element of a Planned Area Development or Specific Plan but

shall not exceed 10 percent of the landscape area (excluding open space areas). (4) The use of turf is limited to areas that benefit the residents, e.g., park-like areas. 2. Use of turf in new single-family residential development shall be limited to rear yard areas only. 3. Turf type used shall be limited to low-water-use species only (See Section 151.15.007 Low Water Use,

Drought Tolerant Plant List or see other plant list provided by the City), except as exempted in Section 151.16.003.A.1.

4. Street frontages. Landscaping shall be established along the street frontages in the area lying between the

public sidewalk and any buildings, parking areas, loading areas, or actual storage areas on the property except for necessary driveways. Landscaping shall also be established in the right-of-way adjacent to collector and minor, major and principal streets adjoining residential subdivisions.

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a. An area that averages 10 feet of landscaping shall be located between the back of sidewalk or curb line and any parking area.

b. Street Trees -- Commercial. Landscaping in front and exterior side yards shall include trees at a rate not

less than one tree for each 50 feet of street frontage. Trees may be clustered, if appropriate to the site and to the landscape plan proposed. Any lot with less than 50 feet of frontage shall provide one tree. These trees are to be located outside of the street right-of-way except in cases where there is a designated planting strip between the back of the curb and the sidewalk in the right-of-way, and spaced as specified in subparagraph 3e below. This requirement shall also apply to private streets within commercial zoning districts. Landscaping may extend into the street right-of-way provided a written agreement has been recorded between the City and the developer stating that the owner is responsible for all maintenance in perpetuity and that the City is held harmless.

c. Street Trees – Residential. Street trees are required on the exterior boundaries of residential

subdivisions along collector and arterial roadways. An average of one tree per 50 feet of frontage is required unless site conditions make this standard infeasible. Additional landscape requirements shall be as defined by the City and shall be based on the nature of the site, to include available right-of-way width and slope considerations, sidewalk location, utility locations, and the extent of existing native vegetation.

5. Trees. Street trees shall be required along all arterial and collector streets in accordance with the following

standards: a. Minimum Size. Street trees shall be a minimum of 15 gallon size, and, for right-of-way areas, shall meet

Arizona Nursery Association Average Tree Specifications. b. Planting Detail. All trees shall be planted and staked in accordance with best management practices and

the provisions of the City. c. Recommended Lists. Street trees to be planted may be chosen from the recommended list of trees in

Section 151.15.007 or other plant list provided by the City. Approval for the planting of alternate species may be given by the City upon demonstration that the plant is low-water use and drought tolerant.

d. Spacing. All street tree spacing shall be made subject to the following provisions or as limited by the

clear vision area requirements of Section 151.04.009. (1) Trees shall not be planted closer than 25 feet from the curb line of any intersection of streets or

alleys, or closer than 5 feet from private driveways, fire hydrants, or utility poles and must be located outside of clear vision areas as defined by Section 151.04.009.

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(2) Street tree canopy s shall not be planted closer than 20 feet to any interfere with required lighting. Street trees may be pruned to avoid conflict as needed. standards.

(3) Street trees shall not be planted closer than 5 feet from the face of the curb. (4) Where there are overhead power lines, street tree species are to be chosen that will not interfere

with those lines. (5) Street trees shall not be planted within 5 feet of any permanent hard surface paving or walkway.

Space between the tree and such hard surface may be covered by non-permanent hard surfaces such as grates, bricks or sand, paver blocks, cobblestones, etc.

(6) Commercial and industrial site street trees, as they mature, shall be gradually pruned to provide at

least 8 feet of clearance above sidewalks and 12 feet above street roadway surfaces. 6. Multi-Family Areas. Common area landscaping and amenities shall be installed prior to issuance of any

occupancy permits in a MFR, MHP, or RV Residential District, or as provided in Section 151.15.002,B. 7. Residential Subdivisions. Landscaping shall be established in the right-of-way adjacent to collector and

minor, major, and principal arterial streets adjoining residential subdivisions. Such landscaping shall meet the requirements of this Section and other specifications of the City for spacing, size, and type.

8. Commercial, Multi-Family Residential and Industrial Areas. a. In commercial, multi-family residential, and industrial districts, there shall be required a minimum 15

percent of the lot area to be landscaped with a variety of plant types and sizes and other features. This shall be in addition to the required street trees.

b. Street frontage landscaping (151.15.004,A,4) and curbed planters in parking lot interiors (151.15.004.A)

are still required, but can be counted as part of the15 percent landscaped area. c. All landscaping shall consist of low-water use, drought-tolerant, plants. Plants chosen from the list in

Section 151.15.007 will satisfy the drought tolerant requirement. Alternative plant species will be considered during the site plan review process and may be utilized if approved by the City.

d. In lieu of these standards, and at owner’s option, the owner may prepare a detailed plan and

specifications for landscaping and other features. Such plan and specifications shall be submitted to the Committee for review.

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Maximum Bay Sizes. Parking areas shall be divided into bays of not more than 12 parking spaces. Between or at the end of each parking bay there shall be curbed planters of at least 10 feet by 17 feet in length. Each planter shall contain one major tree, at a minimum size of 15 gallons, and ground cover. Stormwater shall flow into the depressed planter to assist in irrigating the trees and plants when practicable.

e. The front of a vehicle may encroach upon any interior landscaped area when said area is at least 3½

feet in depth per abutting parking space and protected by wheel stops or curbing. Two feet of said landscaped area may be part of the required depth of each abutting parking space.

B. Plant Material Composition. Plant material (trees and shrubbery) composition shall not exceed 20 percent of the same genus/species as a

percent of the total number of trees and shrubbery indicated on the site plan, with the exception of street right-of-way plantings as approved by the City. The composition totals for trees and shrubbery shall be considered separately. The 20 percent genus/species limitation may be exceeded if the species is represented by different subspecies. Modification to this limitation may be addressed during the site plan review process.

C. Maintenance. 1. Landscaped areas on private property shall be reasonably maintained by the owner or the lessee of the

property as to pruning, trimming, watering, or other requirements to create an attractive and safe appearance for the development. Landscaping on public right-of-ways adjacent to residential subdivisions will be maintained by the City upon acceptance of all off-site improvements.

2. Any plant materials not surviving shall be replaced within 180 days of notice from the City to replace the plant

materials. 3. Lack of maintenance shall constitute a violation of the Development Code. 4. This maintenance requirement shall extend to the planter strip adjacent to the project for commercial

development, but not to any median. Section 151.15.005 Walls and Screening Devices A. Standards of Design and Development.

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1. All outdoor permanent storage areas located in a side or rear yard for materials, trash, mechanical equipment, vehicles, or other similar items shall be screened from view from the public street by a minimum 6-foot high wall constructed of or finished with materials which meet the approval of the City.

2. Roof mounted mechanical equipment shall be screened by parapet walls or other screening devices to be no

lower in height than 6 inches below the height of the mechanical equipment on side, front, or real walls, whichever area is adjacent to a public street, residential district, or use.

a. Industrial lots not adjacent to an arterial street shall be screened by the use of walls, berms, landscaping

or any combination of the three. b. All other areas shall be screened by the use of walls, berms, or a combination of the two. Such

screening may be supplemented by up to 25 percent intermittent landscaping. 3. A brick, slump block, or masonry wall with stucco or mortar wash finish, or compatible alternatives approved

by the City, shall be constructed on a site used for multi-family, commercial, or industrial use along any lot lines in common with, or separated only by, an alley from:

a. A single-family residence, except a non-conforming single-family residence located in a commercial or

industrial zoning district. b. A single-family residential zoning district. c. A multi-family residential development, except a non-conforming multi-family development, located in a

commercial or industrial zoning district. d. A multi-family residential zoning district. e. Any building operated by federal, state, county or city government and not situated in either a

commercial or industrial zoning district. f. Any school building and playground, except those located in either a commercial or industrial zoning

district. Such walls shall be 6 feet in height, except that the first 25 feet in from the street and property lines will

be stepped down to a maximum height of 3 feet. 4. Walls shall be required along the rear of reverse frontage lots with a height of 6 feet. Such walls shall be of

slump block or masonry construction with stucco or mortar wash finish, or compatible alternatives approved by the City. Street trees and landscaping materials shall be required between the wall and curb.

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5. Exterior boundaries of mobile home and trailer parks shall be provided with a masonry or wooden wall having

a height of 6 feet and designed to create an attractive border. 6. Any permanent type improvements, with the exception of landscaping, within the public right-of-way, will

require a right-of-way permit and City approval before installation. No walls of any type or height will be allowed in a public right-of-way, except retaining walls as determined necessary and approved by the City,

Section 151.15.006 Buffering and Screening Requirements A. General Provisions. To reduce the impacts on adjacent uses which are different type buffers and screening will

be required. The property owner is responsible for the establishment and maintenance of screening in accordance with the requirements of this Section unless the abutting use has already provided said buffering in compliance with the standards of this Section.

B. Buffering/Screening Requirements. 1. In lieu of the shown standards, and at the owner’s option, the owner may prepare a detailed plan and

specifications for landscaping and screening including plantings, fences, walls, walks, and other features designed to afford the degree of desired buffering. Such plan and specifications shall be submitted to the City for review.

2. A buffer consists of a horizontal distance from the main building(s) of proposed use to the property line of an

adjacent district which may be occupied by screening, utilities, and landscaping materials. The required buffering distance between various land uses and adjacent districts is identified in Table 151.15-5.

3. The yard setback requirements of each district may be included in the buffer distance. 4. Within the buffer areas, screening may be required and may consist of any of the following: At least one row of deciduous or evergreen trees or a mixture of each and spaced between 15 and 20 feet

(on center), dependent on species, and at least one row of evergreen shrubs spaced not more than 4 feet apart (on center) which will grow to form a continuous hedge at least 5 feet in height within three years of planting. The balance of the buffer area shall consist of low growing evergreen shrubs, evergreen ground cove,r or vegetable or rock mulch.

5. For those buffer distances which are 40 feet or greater, 25 percent of the required distance immediately

adjacent to the affected use shall be landscaped and screened as herein provided. The remainder of the

DEVELOPMENT CODE


buffer distances may be occupied by additional landscaping or screening, utilities, and parking facilities, but not by main or accessory buildings, except that carports may occupy a portion of this buffer distance. In no case shall the carports be located closer than 20 feet from the adjacent use.

C. The planting of plant types which are considered allergenic is discouraged.

DEVELOPMENT CODE


Table 151.15-5 MINIMUM BUFFER DISTANCES1

(The more intense use provides the buffer)

Abutting Zoning District or Conforming Use Right-of-Way Zoning District of Proposed Use

OS/PF UR-SFR

MFR-1 MHR RV NC LC OP GC IP AI LI HI Arterial Collector Street Street

Open Space and Public Facilities (OS/PF)

0 60 60 60 60 ----3

----3

----3

----3

----3

----3

----3

----3 40 40

Single Family Residential (UR-SFR)

04 0 0

0

0

0 0 0 0 100 ----3 100

300

30 25

Mobile Home Residential Subdivision (MHR)

04

25 0 0 0 0 0

0

0 100 ----3 100

300

30 25

Multi-Family Residential (MFR)

04

252 0 25

0

0 0 0 0 0 ----3 0

0

30 25

Recreational Vehicle or Mobile Home Park(RV)

04

40

40 40 0 0

0

0

0 0 ----3 0

0

30 25

Neighborhood Convenience (NC)

604 40 40 40 40 ----3

----3

----3

----3

----3

----3

----3

----3

0

0

Limited Commercial (LC) 604 40 40 40 40 ----3

----3

----3

----3

----3

----3

----3

----3

0

0

Office Professional (OP)

604 40 40 40 40 ----3 ----3 ----3 ----3 ----3 ----3 ----3 ----3 0 0

General Commercial (GC) 604 60 60 60 60 ----3 ----3 ----3 ----3 ----3 ----3 ----3 ----3 0

0

Industrial Park (IP) 604 100 100 100 100 ----3 ----3 ----3 ----3 ----3 ----3 ----3 ----3 30

20

Airport Industrial (AI) 1004 ----3 ----3 ----3 ----3 ----3 ----3 ----3 ----3 ----3 ----3 ----3 ----3 30

20

Light Industrial (LI) 1004 100 ----3 ----3 ----3 ----3 ----3 ----3 ----3 ----3 ----3 ----3 ----3 30

20

Heavy Industrial (HI) 1004

300 ----3 ----3 ----3 ----3 ----3 ----3 ----3 ----3 ----3 ----3 ----3

30

20

1 All distances are given in feet and are measured from the main building of a proposed use to the property line of the adjacent district. The distances are the minimum required and a greater distance may be required by the pertinent section of the code. 2 The MFR-2 proposed development is to be setback 40 feet from any SFR zoning district. 3 Buffer to be determined based on Council Approved Agreement with the developer. 4 Buffer adjacent to wash will be based on the Surface Water Plan and floodplain considerations.

DEVELOPMENT CODE


Section 151.15.007 Recommended Plant List for the City of Sierra Vista Reference the City of Sierra Vista website at www.SierraVistaAz.gov (found in Government/Community Development/Planning).


REMOVAL/TEXT RELOCATION OF ARTICLE 151.05, PERFROMANCE STANDARDS

ARTICLE 151.05, PERFORMANCE STANDARDS

ARTICLE 151.08.007

DEVELOPMENT CODE

151.05-1 Approved on 2/25/16

Ordinance 2016-002

ARTICLE 151.05 PERFORMANCE STANDARDS

151.05.001 Purpose 151.05.002 Performance Standards 151.05.003 Administration and Enforcement of Performance Standards 151.05.004 {Reserved} 151.05.005 Vibration Standards 151.05.006 Air Quality 151.05.007 Odors 151.05.008 Water Quality 151.05.009 Toxic and Hazardous Materials 151.05.010 Explosives 151.05.011 Flammable and Combustible Liquids 151.05.012 Liquids and Solid Waste 151.05.013 Glare or Heat 151.05.014 Radioactive Materials Prohibited: Exceptions Section 151.05.001 (Removed) Purpose This Article establishes standards applicable to the continuous operation and conduct of land uses after their establishment. These standards are established to protect residents from the adverse effects of excessive or objectionable emissions of noise or air contaminants that may be generated by individual land uses, activities, processes or equipment. The purpose of this article is also to identify acceptable levels of noise and other emissions in various land use categories.

DEVELOPMENT CODE

151.05-2 Approved on 2/25/16

Ordinance 2016-002

Section 151.05.002 (Removed) Performance Standards After the effective date of this Code: A. Any use established or changed to, and any building, structure, or land developed, constructed or

used for any permitted principal use, or any use permissible as a special exception, or any accessory use, shall comply with all of the performance standards herein set forth for the district involved.

B. If any existing use or building or other structure is extended, enlarged, or reconstructed, the

performance standards for the district involved shall apply with respect to such extended, enlarged, or reconstructed portion or portions of such use, building, or other structure.

C. Within one year after annexation, all uses of lands, buildings, or other structures should comply with

the performance standards for the districts involved.

DEVELOPMENT CODE

151.05-3 Approved on 2/25/16

Ordinance 2016-002

Section 151.05.003 (Removed) Administration and Enforcement of Performance Standards A. Intent concerning determinations involved in administration and enforcement of performance

standards. Determinations necessary for administration and enforcement of performance standards range from those which can be made with satisfactory accuracy by a reasonable person using normal senses and no mechanical equipment to those requiring great technical competence and complex equipment for precise measurement. It is the intent of this section that:

1. Where determinations can be made by using equipment, normally available to the City or

obtainable without extraordinary expense, such determinations shall be made before notice of violation is issued.

B. Performance standards relating to emission of smoke, fire, and explosive hazards where flash point

of flammable materials is known, humidity, heat, glare, and electromagnetic interference. If the Director of Community Development finds, after making determinations in the manner set forth in this Article, that there is violation of performance standards relating to emission of smoke, fire, and explosive hazards where flash point of flammable materials is known, humidity, heat, glare, or electromagnetic interference, the City shall take or cause to be taken lawful action to cause correction to within the limits set by such performance standards. Failure to obey lawful orders concerning such correction shall be punishable as provided in Article 151.32, Violations and Penalties.

C. Performance standards relating to measurement of particulate matter, vibration, noise, fire, and

explosive hazards where flash point of flammable materials is not known, toxic of noxious matter, odorous matter, and radiation hazards. If, in the judgment of the administrative official, there is a probable violation of the performance standards as set forth in this Article concerning emission of particulate matter, vibration, noise, fire, and explosive hazards where flash point of flammable materials is not known, toxic or noxious matter, odorous matter, or radiation hazards, the following procedures shall be followed in the case where there is no threat to life or health:

1. The Director of Community Development shall give written notice by certified mail, return

receipt requested, to the person(s) responsible for the alleged violation(s). The notice shall contain the following:

a. Details and particulars of alleged violation(s); b. The official's justification regarding why occurrence is a violation;

c. A time limit for either correction of alleged violation or other such response. 2. The notice shall further state that, upon request of those to whom it is direction, technical

determinations as described in this Article will be made; and that if violations as alleged are found, costs of such determinations shall be charged against those responsible for the violation

DEVELOPMENT CODE

151.05-4 Approved on 2/25/16

Ordinance 2016-002

in additional to such other penalties as may be appropriate; but that if it is determined that no violation exists, the cost of the determination will be paid by the City.

3. If there is no reply within the time limit set but the alleged violation is corrected to the

satisfaction of the Director of Community Development, he shall note "violation corrected" on his copy of the notice, and shall retain it among his official records, taking such other action as may be warranted.

4. If there is no reply within the time limit set and the alleged violation is not corrected to the

satisfaction of the Director of Community Development within the time limit set, he shall proceed to take or cause to be taken such action as is warranted by continuation of a violation after notice to cease.

5. If reply is received within the time limit set indicating that the alleged violation will be corrected

to the satisfaction of the administrative official, but requesting additional time, the Director of Community Development may grant an extension if he deems it warranted in the circumstances of the case and if the extension will not, in his opinion, cause imminent peril to life, health, or property.

6. If reply is received within the time limit set requesting technical determination as provided in this Code, and if the alleged violations continue, the Director of Community Development may call in properly qualified experts to make the determinations. If expert findings indicate violation of the performance standards, the costs of the determinations shall be assessed against the properties or persons responsible for the violation, in addition to such penalties as may be appropriate under the terms of Article 151.32, Violations and Penalties. If no violation is found, the costs of the determinations shall be paid by the City without assessment against the properties or persons involved.

Section 151.05.004 (Removed) {Reserved}

DEVELOPMENT CODE

151.05-5 Approved on 2/25/16

Ordinance 2016-002

Section 151.05.005 (Moved to Chapter 93.03, Vibrations, in the City Code) Vibration Standards A. No person shall cause or permit ground vibration into the property of another person that exceeds

the limits set forth below in this section. 1. Ground vibration as measured at the boundary of a residential planning district and an

industrial planning district shall not exceed 0.01 inches per second (0.00025 meters per second) RMS velocity.

2. Ground vibration as measured at a common property boundary of any two properties within any

industrial planning district shall not exceed 0.1 inches per second (0.00025 meters per second) RMS velocity.

B. Method of measurement: Vibration measurement procedures shall conform to the methods

described in this section or to procedures approved by the Arizona Department of Environmental Quality.

1. Instrumentation shall be capable of measuring RMS value of the vibration velocity over the

frequency range of 10 to 1,000 Hz. 2. Measurement values shall be recorded for a sufficient period of observation to provide a

representative sample. 3. Attachment of the vibration transducer to the ground shall be by magnetic or screw attachment

to a steel bar of a minimum of 9 inches (22.9 cm.) in length, driven flush with the ground surface.

C. Exemptions: The rules of this section shall not apply: 1. Vibration resulting from the operation of any equipment or facility of a surface carrier engaged

in interstate commerce by railroad. 2. Vibration resulting from the operation of any road vehicle. 3. Vibration resulting from construction activities and equipment, between 6 a.m. and 8 p.m. 4. Vibration resulting from roadway maintenance and repair equipment.

DEVELOPMENT CODE

151.05-6 Approved on 2/25/16

Ordinance 2016-002

Section 151.05.006 Air Quality (Moved to Chapter 150.02, Definitions and 151.23, Nuisances in the City Code) Any land use shall be operated so that air quality conforms to all applicable state or federal regulations. A. Smoke. No emission of smoke from any source shall be permitted to exceed a greater density than

the density described as No. 1 on the Ringleman Chart. However, smoke may be emitted, which is equal to but not darker than No. 2 on the Ringleman Chart, for not more than four minutes in any eight hour period. For the purpose of grading the density of smoke, the Ringleman Chart, as published by the U.S. Bureau of Mines shall be the standard. All measurements shall be taken at the point of emissions of the smoke.

B. Fly ash, dust, fumes, vapors, gases and other forms of Air Pollution. No emission shall be

permitted which can cause damage to health, to animals, or vegetation, or other forms of property, or which can cause any excessive soiling.

DEVELOPMENT CODE

151.05-7 Approved on 2/25/16

Ordinance 2016-002

Section 151.05.007 (Removed) Odors Any land use shall not emit noxious odors which are perceptible at the points of determination identified in the following table:

Land Use Category In Which Odor-Producing Use Is Located Point of Determination

Residential / Commercial At or beyond any lot line of the lot containing the use

Industrial At or beyond the boundary of the lot containing the use

Section 151.05.008 (Removed. Already addressed by Chapter 95, Stormwater Pollution

Prevention, in the City Code) Water Quality Any land use shall be operated so that water quality effected by the use shall be in conformance with all applicable state or federal regulations. Section 151.05.009 (Moved to Section 150.25, Care of Premises, in the City Code) Toxic and Hazardous Materials The storage and use of poisonous, corrosive, explosive and other materials hazardous to life or

property shall conform to all applicable portions of the current editions of the International Building Code and the Uniform Fire Code. These standards are in addition to all applicable state and federal regulations.

Section 151.05.010 (Moved to Section 150.25, Care of Premises, in the City Code) Explosives The storage and use of explosives shall conform to all applicable portions of the current edition of the International Building Code and the Uniform Fire Code. These standards are in addition to all applicable state and federal regulations.

DEVELOPMENT CODE

151.05-8 Approved on 2/25/16

Ordinance 2016-002

Section 151.05.011 (Moved to Section 151.25, Care of Premises, in the City Code) Flammable and Combustible Liquids The storage and use of flammable and combustible liquids shall conform to all applicable portions of the current edition of the International Building Code and the Uniform Fire Code. These standards are in addition to all applicable state and federal regulations.

DEVELOPMENT CODE

151.05-9 Approved on 2/25/16

Ordinance 2016-002

Section 151.05.012 (Removed. Already addressed by Chapter 50 in the City Code) Liquids and Solid Waste No wastes shall be discharged in the streets, drainageways, or any property which is dangerous to public health and safety. No waste shall be discharged in the public sewage systems which endangers the normal operation of the public sewage system as follows: A. Use of Public Sewers 1. No person shall discharge or cause to be discharged any private swimming pool water, storm water, surface water, groundwater, roof runoff, subsurface drainage, cooling water, or industrial process waters into any sanitary sewer. Public and semi-public swimming pool water may be discharged into the sanitary sewer. 2. Industrial cooling water or unpolluted process waters may be discharged, on approval of the Director of Public Works, to a storm sewer or natural outlet. 3. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers: a. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas. b. Any water or wastes containing toxic or poisonous solids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process; constitute a hazard to humans or animals; create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of two mg/1 as CN in the wastes as discharged to the public sewer. c. Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the wastewater treatment plant. d. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the wastewater treatment plant such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, un-ground garbage, whole blood, paunch manure, hair and fleshings, manure, entrails, and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders. Incidental residential uses are exempt from this paragraph. 4. No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if wastes can harm sewers, sewage treatment process, or equipment, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, Director of Public Works will give consideration to such factors as the

DEVELOPMENT CODE

151.05-10 Approved on 2/25/16

Ordinance 2016-002

quantities of subject wastes in relation to flows and velocities in the treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are: a. Water discharging into a sewer system and service connections from such sources as, but not limited to, roof leaders, cellar, yard, and area drains, foundation drains, cooling water discharges, drains from springs and swampy areas, manhole covers, cross connections from storm sewers and combined sewers, catch basins, storm waters, surface run-off, street wash water or drainage. b. Any water entering a service connection, building drain, and building sewer from the ground, through such means as, but not limited to, defective pipe, pipe joints, connections, or structure walls. c. Any liquid or vapor having a temperature higher than 150°F. or 65°C. d. Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of 25 mg/1 containing substances which may solidify or become viscous at temperatures between 32° and 150°F. and 0° and 65°C. e. Any waters or wastes containing strong acid iron, pickling wastes, or concentrated planting solutions whether neutralized or not. f. Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Arizona Department of Health Services or the United States Environmental Protection Agency for such materials. g. Any waters or wastes containing phenols or other taste or odor-producing substances, in such concentrations exceeding limits which may be established by the Arizona Department of Health Services or the United States Environmental Protection Agency as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal, or other public agencies of jurisdiction for such discharge to the receiving waters. h. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the State and Federal regulation. i. Materials which exert or cause: (1) Unusual concentrations of inert, suspended solids (such as, but not limited to, fuller's earth, lime sluries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).

DEVELOPMENT CODE

151.05-11 Approved on 2/25/16

Ordinance 2016-002

(2) Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions). (3) Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works. (4) Unusual volume of flow or concentration of wastes constituting "slugs". j. Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters. 5. If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Section 151.05.012 of this Article and which, in the judgment of the Director of Public Works, may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Director of Public Works may: a. Reject the wastes, b. Require pre-treatment to an acceptable condition for discharge to the public sewers, c. Require control over the quantities and rates of discharge, and/or d. Require payment to cover the added cost of handling and treating the wastes not covered by existing sewer charges under the provisions of Section 151.08.006 of the City Code. e. In the case of waters possessing the characteristics described in subparagraphs (a) and (b) of Section 151.05.012, the Director of Public Works shall, upon verification of the infiltration and in flow of such waters into the City Sewer System, notify by certified mail the owner of the property on which the infiltration and/or flow originates to: 1) eliminate the cause of waters within 30 days of notice date, 2) show cause within 30 days why the elimination should not be required, or 3) be subject to penalty. If the Director of Public Works permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the City and subject to the requirements of all applicable codes, ordinances and laws. (Removed already addressed by Section 1003 of the International Plumbing Code and

Development Code Section 151.08.007(4)(h)6. Grease, oil, and sand interceptors shall be provided for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients. All interceptors shall be of a type and capacity approved by the Uniform Plumbing Code and shall be located as to be readily and easily accessible for cleaning and inspection.

DEVELOPMENT CODE

151.05-12 Approved on 2/25/16

Ordinance 2016-002

(Relocated to Development Code Section 151.08.007(4)(h)7. Where preliminary treatment or flow-

equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his/her expense.

(Relocated to Development Code Section 151.08.007(4)(h)8. When required by the Director of

Public Works, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Director of Community Development. The manhole shall be installed by the owner at his/her expense and shall be maintained by him/her so as to be safe and accessible at all times.

(Removed. Already addressed in Chapter 50 of the City Code)9. All measurements, tests, and

analysis of the characteristics of waters and wastes to which reference is made in this ordinance shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Waste Water,” published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property.

10. No statement contained in this article shall be construed as preventing any special agreement

or arrangement between the City and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City for treatment, subject to payment therefore, by the industrial concern.

B. Admission and Control of Industrial Wastes into Public Sewers 1. This Article shall apply to industrial wastes as previously defined, and further to wastes from

industries which exhibit strengths or characteristics of BOD in excess of or equal to 200 milligrams per liter (mg/1) or suspended solids in excess of or equal to 150 mg/1 based upon a composite sample of the waste.

2. Review and acceptance of the City shall be obtained prior to the discharge into the public

sewers of any waste having a BOD greater than 200 milligrams per liter or suspended solids content greater than 150 milligrams per liter.

3. Where required, in the opinion of the Director of Public Works to modify or eliminate wastes

that are harmful to the structures, processes, or operation of the sewage treatment works, the

DEVELOPMENT CODE

151.05-13 Approved on 2/25/16

Ordinance 2016-002

person shall provide, at his expense, such preliminary treatment or processing facilities as may be determined necessary to render his waste acceptable for admission to the public sewers.

4. Any industry discharging wastes from canning, freezing, or food-packing operation shall provide

pre-treatment to include, but not limited to, vibrating or rotary screens to remove any particle larger than 20.

5. The volume of flow used for computing industrial waste charges shall be the metered water

consumption of the person as shown in the records of meter readings. If the person discharging industrial wastes into the public sewers procures any part, or all, of his water from sources other than the City, all or a part of which is discharged into the public sewers, the person shall install and maintain, at his expense, water meters of a type approved by the Director of Public Works for the purposes of determining the volume of water obtained from these other sources.

6. Devices for measuring the volume of waste discharged may be installed, owner and operated

by the person following approval of the Director of Public Works. 7. Industrial wastes discharged into the public sewers shall be subject to periodic inspection and a

determination of character and concentration of said wastes. The determinations shall be made as often as may be deemed necessary by the Director of Public Works. The samples collected shall be representative, and collected either manually or by the use of mechanical equipment acceptable to the Director of Public Works.

Access to the sampling locations shall be granted to the Director of Public Works, or his duly

authorized representatives, at all times. All required tests shall be run by the Owner or his duly authorized representatives, and copies of the test results provided to the Director of Public Works.

8. If, in the opinion of the Director of Public Works, tests taken of industrial wastes show the

character or concentration of these wastes to be in excess of those limits acceptable in the treatment facilities or, if indications that wastes discharged from a new industrial applicant's process may exceed the allowable limits established by the Arizona Department of Health Services and the United States Environmental Protection Agency, the City shall have the authority to request negotiations with representatives of the industry concerned to arrive at any special agreements concerning pretreatment and/or payment of any surcharge or additional service charges necessary for additional City Facilities.

The amount of any surcharge or additional service charge shall reflect the cost incurred by the

City in removing the excess BOD and suspended solids or other waste characteristics should an industrial user exceed the acceptable limits as set by the City.

DEVELOPMENT CODE

151.05-14 Approved on 2/25/16

Ordinance 2016-002

Section 151.05.013 (Glare portion removed and is currently addressed in Section 150.23, Nuisances, in the City Code and Section 151.11, Outdoor Light Control, in the Development Code. Heat portion moved to Section 150.23, Nuisances, in the City Code.

Glare or Heat Any activity producing intense glare or heat shall be performed within a completely enclosed building in such a manner as not to create a nuisance or hazard beyond lot lines. Section 151.05.014 (Moved to Section 150.25, Care of Premises, in the City Code) Radioactive Materials Prohibited: Exceptions Any other provisions of this Code, notwithstanding manufacturing activities involving the use, storage or disposal of radioactive material, are expressly prohibited. The foregoing is not intended to prohibit manufacturing activities involving the use, storage or disposal of radioactive material, which radioactive material does not become an integral part of the manufactured product or is exempt from the licensing requirements of or permitted under a general license issued by the Arizona Atomic Energy Commission or its legally established successor. Nor is the foregoing intended to prohibit the use of radioactive material in medical diagnosis and therapy, or in medical, educational or industrial research and development. For the purposes of this subsection, "research and development" means either (1) theoretical analysis, exploration or experimentation, or (2) the extension of investigative findings and theories of a scientific or technical nature into practical application for experimental and demonstration purposes, including experimental production and testing of models, devices, equipment, materials and processes.

DEVELOPMENT CODE

151.08-36 Amended 06-28-12

Section 151.08.007 Sewerage Facilities A. General Provisions 1. Purpose The purpose of this section is to provide for the orderly development of an area-wide Water

Reclamation System which will collect, treat, and reuse the public's sewerage in a manner that will protect the public health, safety and welfare, be compatible with the environment, and minimize the economic impact on the users of the Water Reclamation System. Its purpose is also to manage and control the use of the Water Reclamation System in accordance with all Federal, State, and local laws, rules, and regulations.

2. Administration and Enforcement The administration and enforcement of this section shall be the responsibility of the City

Engineer, unless otherwise specifically assigned herein or elsewhere in the City Code or Development Code. The City Clerk is responsible for the collection and the Finance Manager is responsible for the accounting of all revenues, reserves, and expenditures as provided by this section.

3. Application Unless otherwise specifically provided herein, the provisions of this section shall apply to any

development within the area assigned by the Arizona Department of Environmental Quality (ADEQ) or other appropriate authority of the State of Arizona to the City of Sierra Vista, as Wastewater Manager, and to any sewer user connected to the wastewater system owned and operated by the City of Sierra Vista. The provisions of this section are not intended to conflict, nor shall they supersede, any Federal or State law to the contrary. Any provisions herein which may conflict with Federal or State Law shall be resolved in favor of the controlling or applicable Federal or State provision.

4. Fees The fees and charges provided in this section are in addition to any fees, charges, or

assessments required by Article 151.08.007(F), any plumbing permit fees, any building permit fees, or to any other fees, charges, assessments or taxes that may be legally due and owing to the City.

B. Definitions 1. Sewage is any liquid lawfully discharged into the City's sewer system and becomes the

property of the City upon entrance to any sewage collection pipe owned by the City. 2. Sewer System/Water Reclamation System is used interchangeably to describe all the sewage

collection, treatment, and disposal facilities owned by the City.

DEVELOPMENT CODE

151.08-37 Amended 06-28-12

C. Ownership of Sewerage Facilities 1. Public Ownership The City shall own and have exclusive control of all sewer facilities installed pursuant to this

Code upon completion of construction in conformity with plans and specifications approved by the City and upon acceptance by the City of the sewerage facilities for maintenance, except as provided in paragraph 2., "Private Ownership," below. The City Sewer Enterprise will operate and maintain all sewerage facilities owned by the City that are located within a public right-of-way or easement.

2. Private Ownership Sewage and plumbing facilities intended for the private use of an individual owner upstream

from the point of connection to the public sewer system, as determined by the City, shall be owned, operated, and maintained by the property owner in accordance with all applicable laws, rules and regulations. Such private sewage and plumbing facilities shall include: House service connection lines, building sewers, pre-treatment facilities, septic tanks, leach fields, plumbing and fixtures inside a building and other similar facilities located upstream from the point of connection to the public sewer system. For private ownership to occur for facilities larger than 4-inch house connect services, it shall be demonstrated that the responsible party has capabilities or can obtain the means to properly service the system for scheduled and emergency repair and maintenance

3. Right-of-way Required Any person constructing or causing the construction of any sewerage facilities to be owned by

the City, shall obtain and dedicate to the public any right-of-way or public easements determined by the City to be necessary for the construction, operation, and maintenance of such sewer facilities. All required dedications shall be made prior to the connection of any sewer facilities to the City Water Reclamation System. A minimum 20-foot sewer easement shall be provided to the City. Easements for sewer facilities shall not be part of any private lot where a manhole is required within the lot. Sewer facilities in easements across private property shall be avoided.

4. Ownership Condition of Service Provision of right-of-way or easements and City ownership of sewer facilities as required

above is a condition forconnecting to, or using, the City Water Reclamation System, to the provision of sewer service and to approving any reimbursement agreement. Connection to, or causing the connection to, the City Water Reclamation System shall be considered a transfer of ownership as required above, and an acceptance by the property owners and any subsequent user of the system of the obligations and requirements of this section of the Code.

DEVELOPMENT CODE

151.08-38 Amended 06-28-12

D. Sewer Facilities Required 1. Connection to Public System Required The owner of any property where sewage is generated shall be connected to a public sewer

system approved by ADEQ, unless specifically allowed by this section to be connected to a private sewer system (septic tank) approved by the County. Connection to a public sewer system shall be made at the nearest usable sewer as determined by the City Engineer and at the owners' sole expense. The property owner shall pay all assessments and charges due and owing, and shall enter into a contract provided by the City for service, before connecting to, or using, the City Water Reclamation System.

The "nearest usable City sewer," as used in this section, shall mean a sewer which has

sufficient capacity, for the sewer's full length to an adequate treatment facility, to accept the sewerage projected by the most current City Sewer Master Plan to be generated from the sewer's service area under full build out (saturation) conditions.

2. Temporary Connection to Private System Allowed Property may be allowed by the City Engineer to connect to a private sewer system (septic

tank) approved by the County where the following situations exist: a. Property where all buildings were constructed and allowed to connect to a private sewer

system by the City or County under the authority of previously adopted laws, rules, or regulations, unless a change in use has occurred which results in a total average daily sewerage flow greater than 200 gallons per day, or the sewerage is characterized as having a strength greater than "domestic" sewage as determined by the City, or unless the health official appointed by the County has determined that the existing private sewerage system is, or has the potential to create, a health hazard.

b. Property outside the City which has been exempted from the requirement to connect to a

public sewer system by the health official appointed by the County. c. The service connection fee is more than $6,000 for a dwelling or $10 times the daily

design flow in gallons for a source other than a dwelling and the cost of constructing the sewer from the wastewater source to the service connection is more than $3,000 for a dwelling or $5 times the daily design flow in gallons for a source other than a dwelling.

E. Design and Construction of Sewerage Facilities 1. Design Documents All sewerage facilities to be connected to, and to become a part of, the City Water reclamation

System shall be designed and constructed in conformance with the following documents as they may exist in the Section 208 area plan, or may be amended in the future.

a. The Waste Water Management and Sewerage Master Plan adopted by the City Council.

DEVELOPMENT CODE

151.08-39 Amended 06-28-12

b. Engineering Bulletin 11 and all other applicable laws, rules, and regulations of the Arizona

Department of Environmental Quality. c. Uniform Standard Specification for Public Works Construction and the Uniform Standard

Details for Public Works Construction as compiled by the Maricopa Association of Governments.

d. City of Sierra Vista, Public Works Engineering Design Standards and Drawings as compiled

by the City Engineer. 2. Document Conflict In case of conflict between the referenced documents, the City Engineer shall determine the

applicable design or construction requirement. In general, the more stringent or conservative requirement will be applied.

3. Engineer Required Any person desiring to construct public sewerage facilities and connect to the City Water

Reclamation System must employ a Professional Engineer registered by the State of Arizona to perform sewer design and construction services. The professional Engineer must prepare plans and specifications for the construction of the sewerage facilities and submit them through the Director of Community Development for approval by the City Engineer. Construction of sewerage facilities cannot begin until the plans and specifications have been approved by the City Engineer and Arizona Department of Environmental Quality and a Sewer Extension Agreement provided by the City has been executed by the property owner constructing the sewerage facilities and the City.

The Professional Engineer must perform construction engineering services to assure the sewer

facilities are constructed in accordance with the approved plans and specifications. Construction engineering services include field surveillance of the contractors activity and inspection and testing of construction procedures and materials. All construction engineering services are subject to review and approval by the City Engineer. The Professional Engineer shall submit to the City Engineer copies of all materials testing reports and weekly inspection reports during the progress of the work.

Upon completion of the work, the Professional Engineer shall submit to the City Engineer "as-

built" plans depicting the sewer facilities as they were constructed, and a certification that the sewer facilities have been constructed in substantial conformity with the plans and specifications. Upon receipt of such plans and certifications and a determination that the sewer facilities have been properly constructed, the City Engineer shall notify the Department of Public Works that the sewer facilities can be accepted for maintenance. Upon completion of the work, the contractor performing the work, and the person causing the work to be done, shall submit to the Director of Community Development satisfactory assurance that the sewer facilities are free of any liens or encumbrances and are guaranteed against any defects in materials or workmanship for a period of two years. All submittals must be made and

DEVELOPMENT CODE

151.08-40 Amended 06-28-12

approved by the Director of Community Development and all required right-of-way or easements must be provided to the Director of Community Development before the sewer facilities can be accepted for maintenance by the City or used by any property owner.

4. Special Provisions a. A separate, private sewer connection to a public sewer shall be provided for each building

and for each separate ownership within a building. Ownership of a building by a condominium association will be considered a single ownership for the purposes of this provision. In a commercial or mixed-use development, combined private connection may occur if an approved maintenance agreement is put into effect where all possible parties are obligated to participate and funding of maintenance improvements is included.

b. No private sewer connection will be permitted to a public sewer larger than 10 inches in

diameter without a manhole, unless approved by the City Engineer.

c. All private sewer connections shall be constructed with a clean-out and a serviceable back flow prevention valve per the Sierra Vista Engineering Design and Construction Standards.

d. In conformance with ARS 40-360.22 all lateral sewer lines, in the City right-of-way, shall

be identified by installing a 14 AWG copper wire with green type UF insulation, the full length of the lateral, secured every 10-feet, and terminated at a clean-out riser and meter box at finish grade.

e. Sewer backflow devices shall be located where they will be accessible for inspection and

repair at all times and, unless continuously exposed, shall be enclosed in a below ground pit fitted with an adequately sized removable cover. The backflow device shall be located at the connection of the building drain and the house connect service sewer line. A clean-out shall be located on each side of, directed away from, the backflow device.

f. On residential installations, the backflow devicepit may be omitted provided the top of the

backflow device is not deeper than four feet below grade, the ground above the device can be readily excavated, and a clean out cover identifies the device location.

g. No private sewer connection lines will be constructed parallel to any public right-of-way or

easement lines, or otherwise be designed in an effort to avoid a property owner's obligation to construct the minimum sewer facility to serve the owners property.

h. Any user connected to the City wastewater system that discharges grease or any other

substance that causes or is likely to cause sewer stoppages, as determined by the City, shall install and properly maintain a grease interceptor or other approved pre-treatment method to prevent such occurrences in accordance with Chapter 50 of the City Code of Ordinances and the Public Works Engineering Standards.

i. Where preliminary treatment or flow-equalizing facilities are provided for any waters or

wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his/her expense.

DEVELOPMENT CODE

151.08-41 Amended 06-28-12

j. When required by the Director of Public Works, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Director of Community Development. The manhole shall be installed by the owner at his/her expense and shall be maintained by him/her so as to be safe and accessible at all times.

F. Financing Sewer Facilities - General 1. Financial Responsibilities The City Water Reclamation System is a user-financed, publicly owned and operated

municipal utility system called a Sewer Enterprise. A user of the Water Reclamation System is the owner of any property where sewage is generated, and who is required to connect to the City Water Reclamation System in accordance with the provisions of Chapter 50, Sewers, of the City’s Code of Ordinances. Each user is responsible for funding an equitable share of the capital assets of the system, of the operating and maintenance costs of the system, and of any other costs or liabilities of the system that may be incurred in the process of collecting, transporting, treating and reusing sewage in accordance with this code.

a. Sewer Facilities to extend the collection and transportation system are financed and

constructed solely by a property owner and are considered to only benefit the property owner constructing the sewer facility. No costs for constructing Sewer Facilities are recovered because they are considered part of the property owners' equitable share contribution to the capital assets of the Sewer Enterprise.

b. Replacement & Augmentation Sewer Facilities intended to replace worn out or poorly

designed or constructed portions of the existing collection and transportation system are financed and constructed by the Sewer Enterprise and are considered to indirectly benefit all users of the City Water Reclamation System. All costs for constructing Replacement Sewer Facilities are accumulated and/or recovered from all property owners/users as monthly Capital Service Charges. The Sewer Enterprise is required to develop a financial plan and assess charges to fund Replacement Facilities for the collection and transportation system.

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February 8, 2018 MEMO TO: Honorable Mayor and City Council THROUGH: Charles P. Potucek, City Manager Victoria Yarbrough, Assistant City Manager FROM: Matt McLachlan, AICP Community Development Director Jeff Pregler, AICP, Senior Planner SUBJECT: REQUEST FOR AGENDA ITEM PLACEMENT Ordinance 2018-003 Proposed City Initiated Amendments to the following Development Code/City Code Sections: Water Adequacy Clarifications Article 151.19, Subdivision Regulations Manufactured Home and RV Development Standards Article 151.02, Definitions Section 151.22.006, Matrix of use Permissions by District Section 151.22.011, Manufactured Home Residential Zoning District Administrative Modifications and Fence & Wall Height Section 151.04, Supplementary District Regulations Administrative Site Plan Standards and Submittal Requirements Administrative Site Plan Standards and Submittal Requirements Article 151.18, Site Plans Increased Commercial Building Heights; Reduced Building Setbacks in Infill Incentive District Article 151.02, Definitions Section 151.22.018, General Commercial Zoning Districts Water Harvesting Section 151.04.015, Required Drainage Facilities Article 151.09, Off-Street Parking & Loading Article 151.15, Landscaping, Walls, Screening, Buffer Removal/Text Relocation of Article 151.05, Performance Standards Article 151.05, Performance Standards Article 151.08.007, Sewerage Facilities Chapter 150 of City Code, Building and Property Maintenance Code Chapter 93 of City Code, Noise Property Maintenance Enforcement Chapter 150 of City Code, Building and Property Maintenance Code

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REQUESTED ACTION: The City of Sierra Vista is requesting the approval of proposed Development Code text amendments to the Articles and Sections as described in Exhibit A.

RECOMMENDATION:

The City Manager recommends approval. The Director of Community Development recommends approval. The Planning & Zoning Commission recommended approval with a vote of 4-1. APPLICANT: City of Sierra Vista 30-DAY PUBLIC COMMENT PERIOD The Mayor and City Council adopted a 30-day public comment period for the proposed text amendments on December 14, 2017 with Resolution 2017-104. Apart from the initial written comments provided to City Council at the December 14, 2017 meeting, no additional public comments have been received. SUMMARY: The Department of Community Development regularly reviews current code provisions and procedures to identify ways in which the staff and the City can improve efficiencies, clarify requirements and help residents and business owners move through the development process more easily. As a result, the Department created a 2017/2018 work program which provided a summary of proposed Development Code Amendments that are to be completed by the end of the 2018 fiscal year. The work program was presented before the City Council at a work session on May 23, 2017 and before the Planning & Zoning Commission on June 26, 2017. After receiving positive feedback from both reviewing bodies, the Department proceeded with writing the amendments. The Department presented the draft code amendments to the Planning & Zoning Commission at their September 19, 2017 meeting and held a public hearing before the Commission on October 17, 2017. Staff has integrated the comments from the various meetings into the amendments.

The Council will be considering code amendments that relate to various development categories that encompass various Sections of the Development Code and the City Code of Ordinances. The memo will organize the amendments by category with the various applicable Code Articles, Sections, and Chapters identified. Although the proposed amendments between the Development Code and the City Code of Ordinances are interrelated, two staff memo's and two separate resolutions are required for approval because the amendments are applicable to two separate documents.

Water Adequacy Clarifications

Applicable Development Code Article: 151.19, Subdivision Regulations

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On April 18, 2008, the Cochise County Board of Supervisors adopted new county subdivision regulations that were enabled by state legislation. These regulations state that, before the county can approve a new subdivision, the State Director of Water Resources must determine that there is an adequate water supply as defined by the state. The legislation required that, when a county adopts the new regulations, all cities within that county are automatically covered by the same provisions. As such, on November 13, 2008, the City amended the subdivision regulations to reflect these new provisions. The amendments included submittal of an approved letter of water adequacy from the Director of Water Resources in conjunction with the final plat and the inclusion of a note on the final plat indicating the approval date of the water adequacy letter.

From a review of the existing water adequacy language the definition of subdivision was unclear. According to the state legislation, water adequacy is only applicable to the county definition of subdivision which includes splitting property into 6 or more lots. The municipality definition of a subdivision is the splitting of property into 4 or more lots. To avoid this confusion, an amendment was included that made reference to the Arizona Revise Statutes county definition of subdivision which helps to clarify that water adequacy is only applicable to those subdivisions meeting the county definition.

Manufactured Home and RV Development Standards

Applicable Development Code Sections: 151.02.003 Definitions; 151.22.006, Matrix of Use Permissions by District; 151.22.011, Manufactured Home Residential Zoning District

According to Development Code Section 151.22.011.(D)(2) the Manufactured Home Residential District (MHR) limits the number of lots used for travel trailer and/or recreational vehicles to 20 spaces in manufactured home parks with 199 or fewer manufactured home spaces or 10 percent of the total spaces in parks with 200 or more manufactured home spaces. To provide additional development flexibility, an amendment has been included that would permit up to 30 percent of the spaces within a manufactured home park to be dedicated to recreational vehicles. There has been a recent trend to provide various forms of land uses at manufactured home parks and this amendment reflects this market trend. Other amendments include adding a definition of Manufactured Home Park and simplifying development standards for the MHR Zoning District.

Administrative Modifications and Fences & Wall Height

Applicable Development Code Sections:151.04, Supplementary District Regulations

Development Code Section 151.04.006, currently provides for the Modification of Setback process (changed to Administrative Modification of Dimensional Standards) which allows property owners an avenue to reduce the side and rear yard building setbacks for existing homes. The first amendment, which is applicable to existing single family residences, clarifies that a building setback shall not be less than 5 feet to the rear and side property line unless abutting a platted alley or dedicated drainageway, where the setback cannot be less than one foot. The second amendment allows for additional setback flexibility for properties within the

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Infill Incentive District area by allowing setback reductions for both new and existing single family residences. In addition, a reduction to a front yard setback can be requested provided the setback is not less than 15 feet from the front property line adjoining the primary frontage or less than 10 feet from the front property line adjoining the secondary frontage. However, no reduction will be allowed for the portion of the front facade containing an enclosed garage or carport, to ensure the parking of vehicles is wholly contained on private property. Another Section to be amended is 151.04.011 which currently requires that residential walls and fences not exceed a height of 3 feet when located within the front yard setback area. The purpose of the height restriction is to allow for vehicle site visibility. However, the City has received a number requests asking for additional wall height for privacy. Therefore, one of the amendments would allow a wall height of 4 feet on property less than 10,000 square feet and 5 feet in height on property greater than 10,000 square feet. The larger lots will typically have greater street frontage and larger separation between homes, thus allowing drivers additional time to observe any conflicts.

The final amendment relates to the height of residential fences or walls located in a side and rear yard. The Development Code Section 151.04.011 currently requires that the height of fences or walls in these areas not exceed 6 feet. The City has received a number of requests to increase the height of these walls, again for increased privacy. In response, the City is proposing that requests for additional wall height be processed through an Administrative Modification. This process will be administrative and allow staff to review each request for wall height using objective criteria and standards and also allow comment by the affected property owners. The request must be certified by a registered engineer or architect that the existing wall or fence can support additional height.

Administrative Site Plan Standards and Submittal Requirements

Applicable Development Code Article: 151.18, Site Plans

The Development Code Section 151.18.005 currently allows minor commercial site development to be processed as a modified site plan, which allows for reduced submittal standards compared to the site plan review process. However, the criteria for defining a modified site plan is subjective. Therefore, staff is recommending objective criteria that would better define minor commercial development and clarifying the submittal requirements. The last amendment renames the Modified Site Plan process to the Administrative Site Plan process which better describes the review process.

Increased Commercial Building Heights; Reduced Building Setbacks in Infill Incentive District

Applicable Development Code Sections: 151.02.003, Definitions; 151.22.018, General Commercial Zoning Districts

Development Code Section 151.22.018(F)(4) requires the maximum building height for commercial buildings in the General Commercial (GC) Zoning District not exceed 30 feet with

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an allowance for a 4-foot parapet wall and 25 feet for a building located within 100 feet of a residential zoning district. In addition, there is current language that restricts any structure from intercepting a plane making an angle of 60 degrees from the horizontal toward the interior of the lot and originating at the front property line. Recently, the City has been approached by a number of developers requesting additional building height to allow for higher ceilings and additional architectural features. The City is therefore, recommending an amendment which would increase the height for commercial buildings to a maximum of 36 feet and for buildings located within 100 feet of a residential zoning district a maximum of 30 feet.

A second amendment relates to building setbacks for GC zoned property within the Infill Incentive District, which consists of all properties west of 7th Street and north of Busby Drive. As a way to encourage development, the City is recommending reducing the front yard building setbacks in the Infill Incentive District Area. The reduced setbacks will allow for flexible building and site design while allowing marketable buildings on the smaller lots. The front yard setbacks shall be reduced to the following minimums:

Standard Commercial Lot- 5 feet (Currently 40 feet)

Through Lot- 5 feet on primary frontage; 10 feet on secondary frontage (Currently 40 feet)

Corner Lot- 5 feet on primary frontage: 10 feet on secondary frontage (Currently 40 and 20 feet)

The final amendment defined Primary and Secondary frontage.

Low Impact Development

Applicable Development Code Sections: 151.04.015, Required Drainage Facilities; Article 151.09, Off-Street Parking & Loading; Article 151.18, Landscaping, Walls, Screening, and Buffer

Low Impact Development (LID) is a term used to describe a land planning, and engineering design approach to managing stormwater runoff as part of green infrastructure using natural processes. The City has recently seen a number of new commercial projects integrate (LID) strategies within their development (Southwest Gas and Salvation Army). The City supports the use of these strategies and therefore is recommending amendments that will require certain LID features for new commercial development.

One amendment would require roof and foundation drains to discharge into landscaped areas provided there was sufficient buffer from the building. A second amendment requires all rainwater to be directed toward depressed landscape areas prior to entering the detention basins. A final amendment would allow for the use of pervious or semi-pervious surfaces in the non-required parking areas of commercial parking lots. These amendments will have the effect of purifying the water before its discharged into the public right-of-way, reducing water usage, and potentially reducing the size of the detention basins.

Removal of Article 151.05, Performance Standards and Relocation of Text

Applicable Development and City Code Sections: 151.05 Performance Standards; 151.08.007, Sewerage Facilities; Chapter 150 of City Code, Building and Property Maintenance Code;

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Chapter 93 of City Code, Noise

The Development Code provides development standards for new development. The requirements in Article 151.05, Performance Standards relate to existing uses. Therefore, staff is recommending the removal of this Section and either deleting text due to duplication or relocating the text to other City approved documents.

Property Maintenance Enforcement

Applicable City Code Section: Chapter 150, Building and Property Maintenance Codes

Section 150.37 of the property maintenance code limits the authority to bring criminal misdemeanor complaints under Chapter 150 to either a Sierra Vista police officer or the city attorney. This category of complaint is reserved for repeat offenders or cases presenting egregious property maintenance violations posing a serious threat to public health and safety. Staff is recommending an amendment which would allow a Code Enforcement Officer to bring a criminal misdemeanor complaint in these cases, which will then be prosecuted by the City Attorney if contested. This will improve efficiency and allow the Police Department to focus on those criminal matters more appropriate to law enforcement.

Section 150.32 of the property maintenance code states that applicable City staff may inspect private property to ensure compliance with the code. However, inspecting buildings not readily accessible or visible from the public requires a separate process in conformance with A.R.S. 9-833. The staff amendment clarifies the distinction between the two processes.


The Planning & Zoning Commission held a public hearing on the amendments on October 17, 2017. One member from the public recommended an additional City Code amendment which would exempt certain native grasses from the property maintenance overgrowth standards. One member of the Commission indicated that additional consideration should be given to native grasses and therefore voted against the amendments. Staff is not considering an amendment to the overgrowth standards with this request. PUBLIC COMMENTS The City placed an ad in the newspaper which described the amendments and provided the date and time of the public hearings. The amendments are also posted on the City website for public viewing. The City has received five public comment letters, three related to exempting native grasses from the overgrowth regulations, one relating to the water adequacy amendments, and one relating to the water harvesting amendments. All letters were provided to City Council at the December 14, 2017 meeting. Letters are attached. Attachments: Letters from the public, Resolution, Exhibit A, Proposed Text Amendments

ORDINANCE 2018-003

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SIERRA VISTA, COCHISE COUNTY, ARIZONA; ADOPTING AMENDMENTS TO THE CITY CODE OF ORDINANCES, BY REFERENCE, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR SEVERABILITY. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SIERRA VISTA, ARIZONA, AS FOLLOWS:

WHEREAS, the City of Sierra Vista is proposing text amendments to the following Code of Ordinances Sections: Chapter 150, Building and Property Maintenance Code and Chapter 93, Noise; and

WHEREAS, the City Manager, and Director of Community Development recommend that the amendments to the Code of Ordinances, as shown on Exhibit A, be adopted; and WHEREAS, the Planning & Zoning Commission recommended approval of the amendments to City Council;

WHEREAS, as required by Article 151.31 of the City Code, the Mayor and City Council held a public hearing on the amendments, after proper notice had been given; and WHEREAS, the amendments have gone through the 30-day public record period and all public comments have been received; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SIERRA VISTA, COCHISE COUNTY, ARIZONA, AS FOLLOWS: SECTION 1 That Resolution 2017-105 is hereby reaffirmed and that the City Code of Ordinances text amendments, as shown in Exhibit A, are hereby adopted. SECTION 2 All other ordinances and parts of ordinances in conflict with the provisions of this provision are hereby repealed. RESOLUTION 2018-003 PAGE ONE OF TWO

SECTION 3 Should any section, clause or provision of this Ordinance be declared by the courts to be invalid, such invalidity shall not affect other provisions which can be given effect without the invalid provision, and to this end, the provisions of this Ordinance are declared to be severable. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SIERRA VISTA, ARIZONA, THIS 8TH DAY OF FEBRUARY 2018. _______________________ FREDERICK W. MUELLER Mayor APPROVED AS TO FORM: ATTEST: ________________________ ______________________ NATHAN WILLIAMS JILL ADAMS City Attorney City Clerk PREPARED BY: Jeff Pregler, AICP Senior Planner RESOLUTION 2018-003 PAGE TWO OF TWO

PROPERTY MAINTENANCE ENFORCEMENT

CHAPTER 150 OF CITY CODE, BUILDING AND PROPERTY MAINTENANCE

jpregler

Text Box

EXHIBIT A

CHAPTER 150: BUILDING AND PROPERTY MAINTENANCE CODE Section

Building and Property Maintenance Codes 150.01 Adoption 150.02 Definitions

Building Maintenance 150.03 In general 150.04 Applicability 150.05 Handrails and guardrails 150.06 Light, ventilation, and occupancy limitations 150.07 Plumbing facilities and fixture requirements 150.08 Toilet rooms 150.09 Plumbing systems and fixtures 150.10 Water system 150.11 Sanitary drainage system 150.12 Storm drainage 150.13 Mechanical and electrical requirements 150.14 Fire safety requirements 150.15 Exterior structure maintenance 150.16 Interior structure maintenance 150.17 Vacant structures

Unsafe Structures and Equipment

150.18 Unsafe structures and equipment abatement 150.19 Emergency measures 150.20 Demolition Public Nuisances 150.21 Findings of fact 150.22 Nuisances prohibited 150.23 Nuisances Property Maintenance 150.24 Litter control 150.25 Care of premises Additional Violations 150.26 Additional violations 150.27 Each day a separate violation Enforcement 150.28 Authority to enforce

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150.29 Presumptions 150.30 Enforcement options 150.31 Misdemeanor violations 150.32 Inspections 150.33 Voluntary compliance 150.34 Administrative consent orders 150.35 Civil complaints 150.36 Civil complaints—Court appearance or failure to appear 150.37 Authority to issue criminal complaints 150.38 Jurisdiction and procedure of municipal court 150.39 Procedure for abatement petitions filed in municipal court 150.40 Procedure for emergency abatement petitions filed in municipal court 150.41 Civil penalties 150.42 Criminal penalties 150.43 Restitution 150.44 Notice to abate 150.45 Service of notice to abate 150.46 Effect of notice to abate 150.47 City may abate 150.48 City assessment for abatement 150.49 Assessment lien 150.50 Emergency abatement 150.51 Notice to abate; abatement regarding criminal activity 150.52 City may abate or bring action; abatement regarding criminal activity 150.53 City recordation of action 150.54 Assessment for abatement regarding criminal activity 150.55 Notice of designation of slum property 150.56 Service of notice to designate slum property 150.57 Declaration of structure unfit for human habitation Appeals 150.58 Administrative hearing officer—Authority and filing 150.59 Administrative hearing officer—Hearing procedure 150.60 Administrative hearing officer—Time extensions 150.61 Appeal from decision of the administrative hearing officer

Public Works Construction 150.62 Adoption of Uniform Standard Specifications Dedication and Improvement 150.63 Definitions Statutory reference: Authority to regulate building construction, see A.R.S. § 9-276(A)(14)

§ 150.01 ADOPTION. (a) The 2015 editions of the International Building Code, International Existing Building Code, International Residential Code, International Mechanical Code, International Plumbing Code, International Fuel Gas Code, and the International Swimming Pool and Spa Code, all as




































amended by Resolution 2015-48 are hereby adopted by this reference and made a part as if fully set forth in this code as being the minimum code of the city. (b) The 2012 edition of the International Energy Code for commercial development as amended by Resolution 2015-048, is hereby adopted by this reference and made a part as if fully set forth in this code as being the minimum code of the City. (c) Chapter 11 of the 2006 edition of the International Residential Code as amended by Resolution 2015-048 is hereby adopted by this reference and made a part as if fully set forth in this code as being the minimum code of the City. (d) The 1997 Uniform Code for the Abatement of Dangerous Buildings is hereby adopted by this reference and made a part as if fully set forth in this code as being the minimum code of the City. (e) The 2014 edition of the National Electrical Code as amended by Resolution 2014-070 is hereby adopted by reference and made a part hereof as if fully set forth in this code as being the minimum code of the City. (f) ANSI A117.1 (2009), Standard for Accessible and Usable Buildings and Facilities, is hereby adopted by this reference and made a part as if fully set forth in this code as being the minimum code of the City. ('76 Code, § 7-1-1) (Ord. 659, passed 1-12-84; Am. Ord. 887, passed 9-12-91; Am. Ord. 922, passed 7-29-93; Am. Ord. 979, passed 6-22-95; Am. Ord. 1084, passed 1-14-99; Am. Ord. 1130, passed 5-24-01; Am. Ord. 1154, passed 11-14-02; Am. Ord. 2004-005, passed 5-13-04; Am. Ord. 2005-005, passed 2-24-05; Am. Ord. 2006-022, passed 9-14-06; Am. Ord. 2012-006, passed 10-25-12; Am. Ord. 2015-005, passed 7-21-15; Am. Ord. 2015-009, passed 12-17-15) Penalty, see § 10.99

§ 150.02 DEFINITIONS. For purposes of this chapter, the following terms shall have the definitions provided below, provided, however, where terms are not defined in this code and are defined in the International Building Code, International Fire Code, International Pluming Code, International Mechanical Code, or NFPA 70, such terms shall have the meanings ascribed to them as stated in those codes: Abandoned property. The word “abandoned” is hereby defined as voluntarily relinquished by the owner for an apparently indefinite period of time. As applied to motor vehicles or other articles of property, the term includes, but is not limited to, any motor vehicle or other article of personal property which is left upon the public or private property without the consent of the public entity, owner, lessee, or occupant thereof for longer than two (2) hours. Abandoned structure. An “abandoned structure” is hereby defined as any structure that is in a partially dismantled state, and which remains uninhabitable for more than twelve (12) consecutive months and there is no active building permit for work to the structure or which remains uninhabitable for more than thirty (30) months, even if there is an active building permit for work to the structure; and one of the following conditions exists:


a. The structure’s roof or any part thereof is missing, or b. Any outside wall of the structure or portion thereof is missing, including any windows that are missing, or the structure is not dried-in. Abate. Correct, including, but not limited to, repair, rehabilitate, demolish, or remove. Accessory improvements. Improvements to land other than buildings, including, but not limited to, driveways, parking areas, pools, bridges, monuments, signs, sidewalks, walkways, exterior steps, railings, fences, screening walls, and retaining walls. Acceptable indoor air quality. Air in which there are no known contaminants at harmful concentrations. Addition. An extension or increase to floor area or height of a building or structure. Aggregate Material. Any rock fragments, pebbles, sand, gravel, cobbles, crushed base, asphalt, dirt or similar material. Air Pollution. No emission shall be permitted which can cause damage to health, animals, vegetation, or other forms of property, or which can cause any excessive soiling. Alter or alteration. Any change in construction or a change in occupancy. Where the term of alteration is applied to a change of construction, it is intended to apply to any change, addition, or modification in construction. When the term is used in connection with a change of occupancy, it is intended to apply to changes of occupancy from one trade or use to another. Attractive Nuisance. The maintaining of a condition, instrumentality, machine, or other agency that is dangerous to young children because of a child's ability to appreciate peril and which may be reasonably expected to attract them. Bathroom. A room containing plumbing fixtures including a bathtub or shower. Bedroom. Any room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit. Blight or Blighted. Unsightly, unsafe, or unsanitary conditions including, but not limited to, the accumulation of litter or debris; fences, buildings or other structures that have holes, breaks, rot, crumbling, cracking, peeling, or rusting; landscaping that is dead, damaged, or has uncontrolled growth or lack of maintenance; any other similar conditions of neglect, excessive use, decay, degeneration, infestation, disrepair and deterioration that contribute to the depreciation of neighborhood property values or affect the health, safety, economic, aesthetic, or general welfare of citizens.

Building. Any structure, either temporary or permanent, having a roof, supported by columns or walls, and use or built for the shelter or enclosure of persons, animals, chattels, or property of any kind. This shall include tents, awnings, or vehicles situated on private property and used for the purposes of building. Closed container. A container designed for transporting loose material such as garbage, refuse, or aggregate material with sides, top, and bottom made of solid and durable material such as metal or plastic, which will resist normal wear and tear and without any holes, cracks, or openings through which materials containing therein may escape, regardless of the degree to which the container is filled. Compliance order. An order notifying the recipient that he or she is subject to civil or criminal prosecution for a violation of this chapter unless the violation is corrected. Debris. Junk, including, but not limited to, lumber, furniture, furniture parts, stoves, sinks, cabinets, household fixtures, refrigerators, car parts, equipment that is abandoned, broken, or neglected, or the scattered remains of something of little or no apparent economic value. Designee. A person authorized in writing by the City Manager to carry out specific actions to enforce this chapter. Deteriorated or Deterioration. A lowering in quality in the condition or appearance of a building, structure, or parts thereof. The fact or process of decay or degeneration, characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting, vermin infestation, unsafe or unsanitary conditions, or any other evidence of physical decay or neglect. Dwelling unit. An enclosed space of one or more rooms providing for complete independent living facilities for one family including permanent provisions for living, sleeping, sanitation, and kitchen facilities. Exterior surface. Building exterior surfaces and attachments to buildings, including, but not limited to, walls, roofs, doors, windows, gutters, down spouts, antennas, fixtures, satellite dishes, porches, garages, patios, and chimneys. Garbage. Any spoiled or discarded animal or vegetable material resulting from the handling, preparation, cooking or consumption of food for humans or animals, as well as other organic waste material subject to rapid decomposition. Guard. A building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level. Graffiti. Any unauthorized inscription, figure, drawings or other defacement that is written, marked, scratched, carved, painted or otherwise affixed to any exterior building surface, unscreened area, accessory improvement, or vehicle in a place which can be seen by the public and that degrades the beauty and appearance of property.

Habitable space. A space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, screen enclosures, sunrooms, storage or utility space and similar areas are not considered habitable space. Hearing Officer. The administrative appeals officer appointed by the City Council. Housekeeping unit. A room or group of rooms forming a single habitable space equipped and intended to be used for living, cooking, sleeping and eating which does not contain, within such a unit, a toilet, lavatory and bathtub or shower. Imminent danger. A condition that could cause serious or life-threatening injury or death at any time. Infestation. The presence or apparent presence of insects, rodents, birds, animals, or other noxious pests of a kind or in a quantity that may have an adverse affect upon a building or structure or upon the health, safety, aesthetics, or general welfare of citizens. Inoperative vehicle. The word “inoperative” is hereby defined as not in working condition as designed, or incapable of being operated lawfully. For example, without limiting the meaning of the term, a motor vehicle designed to be operated upon the public streets shall be deemed inoperative if a tag with a current registration (also known as a license plate) of a kind required under Arizona law as a condition of operation upon the public streets is not affixed thereto, or if one (1) or more parts which are required for the operation of the vehicle are missing or not attached to the vehicle as designed; provided, however, that the following shall not be considered inoperative: a. A motor vehicle not in working condition or incapable of being operated lawfully kept on residentially zoned property or the property of a residential use for not more than thirty (30) days, unless kept in a garage or under a carport; b. A motor vehicle not in working condition or incapable of being operated lawfully, kept in a garage or under a carport; c. A motor vehicle not in working condition or incapable of being operated lawfully on residentially zoned property or the property of a residential use as long as said vehicle is covered by a cover designed and manufactured to cover said vehicle and said cover is maintained in a clean and reasonable manner; or d. A motor vehicle not in working condition or incapable of being operated lawfully kept upon nonresidential property where the owner or tenant is authorized by the city for the service or storage of motor vehicles. e. Only one (1) such vehicle, which meets the above exceptions, excluding nonresidential properties licensed for the service or storage of motor vehicles, may be permitted per address or property.

Labeled. Devices, equipment, appliances, or materials to which has been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation that’s maintains periodic inspection of the production of the above-labeled items and by whose label the manufacturer attests to compliance with applicable nationally recognized standards. Land. All land in the city whether improved or unimproved. Litter. All putrescible and nonputrescible solid waste consisting of both combustible and noncombustible wastes including, but not limited to, ashes, street cleanings, garbage, rubbish, dead animals, abandoned or junked vehicles or parts thereof, solid market and industrial waste, paper, rags, empty barrels, crates, packing cases, excelsior, packing material, wrappings, cigarettes, cardboard, cans, yard clippings, leaves, metal, mattresses, bedding, crockery, trash, boxes, bottles, glass, cartons, refuse, plaster, plastic, asphalt, tile, rock, bricks, concrete dribble, or other materials tending to create an unsightly condition and having an adverse effect upon the health, safety, economic, aesthetic, or general welfare of adjoining properties or occupants thereof. Notice to Abate. A notice issued to a property owner concerning violation of this chapter. Noxious Weed. Any species of plant which is, or is liable to be, detrimental or destructive and difficult to control or eradicate and shall include any species that the Arizona Department of Agriculture, after investigation and hearing, determines to be a noxious weed. Nuisance. Any person doing an unlawful act, or omitting to perform a duty, or suffering or permitting any condition or thing to be or exist, which act, omission, condition or thing either: a. Injures or endangers the comfort, repose, health or safety of others; b. Unlawfully interferes with, obstructs or tends to obstruct or renders dangerous for passage any public or private street, highway, sidewalk, stream, ditch or drainage; c. In any way renders other persons insecure in life or the use of property; or d. Essentially interferes with the comfortable enjoyment of life and property, or tends to depreciate the value of the property of others. Occupancy. The purpose for which a building, or part thereof, is used or intended to be used. Occupant. An occupant is the individual or individuals in actual possession of the premises. Any person, permittee, licensee, or franchisee that places or maintains facilities in the city streets and public ways. Openable area.That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors. Operator. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.

Owner. The owner of fee title to the property in question. Person. Any person, firm, partnership, association, social or fraternal organization, corporate, estate, trust, receiver, syndicate, branch of government, or any other group or combination of acting as a unit. Polluted. A condition that exists in the water and is characterized by bacterial growth, algae, insect infestation, the remains of litter, debris, garbage, or any other foreign matter of which because of its nature or location, constitutes an unhealthy, unsafe, or unsightly condition. Pool. A constructed or excavated exterior area designed to contain a regular supply of water. Premises. A lot, plot or parcel of land, easement or public way, including any structures thereon. Private property. Any real property not owned by the federal government, state, county, city, or political subdivision of the state. Public way. Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use. Refuse. Solid waste, including garbage. Rooming house. A building arranged or occupied for lodging with or without meals, for compensation and not occupied as a one- or two-family dwelling. Rooming unit. Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes. Sleeping unit. A room or space in which people sleep which can also include permanent provisions for living, eating and either sanitation or kitchen facilities, but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units. Slum property. Residential rental property that has deteriorated or is in a state of disrepair and that manifests one (1) or more of the following conditions that are a danger to the health or safety of the public: (a) Structurally unsound surfaces, roof, walls, doors, floors, stairs, stairwells, porches or railings. (b) Lack of potable water, adequate sanitation facilities, adequate water or waste pipe connections. (c) Hazardous electrical system or gas connections.

(d) Lack of safe, rapid egress. (e) Accumulation of human or animal waste, medical or biological waste, gaseous or combustible materials, dangerous or corrosive liquids, flammable or explosive materials or drug paraphernalia. Smoke. No emission of smoke from any source shall be permitted to exceed a greater density than the density described as No. 1 on the Ringleman Chart. However, smoke may be emitted, which is equal to but not darker than No. 2 on the Ringleman Chart, for not more than four minutes in any eight hour period. For the purpose of grading the density of smoke, the Ringleman Chart, as published by the U.S. Bureau of Mines shall be the standard. All measurements shall be taken at the point of emissions of the smoke. Store. The parking, leaving, locating, keeping, maintaining, depositing, remaining, or having a physical presence. Structure. A combination of materials to form a construction for use, occupancy, or ornamentation whether installed on, above, or below the surface of land or water. Tenant. A person who rents, leases or subleases, through either a written or oral agreement, real property from another for a fixed time. Toilet room. A room containing a water closet or urinal but not a bathtub or shower. Vegetation. Plant growth, whether living or dead, characterized by grass, weeds, bushes, cactus, or trees. Vehicle. Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracts. Ventilation. The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from any space. (Ord. 2015-009, passed 12-17-15)

§ 150.03 IN GENERAL. (a) Scope. The provisions of this article shall apply to all existing residential and nonresidential structures and constitute minimum requirements and standards for structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; and for the occupancy of existing structures and premises. (b) Intent. This article shall be constructed to secure its expressed intent, which is to ensure public health, safety, and welfare in so far as they are affected by continued occupancy and

maintenance of structures. Existing structures that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein. (Ord. 2015-009, passed 12-17-15)

§ 150.04 APPLICABILITY. (a) General. The provisions of this article shall apply to all matters affecting or relating to structures as set forth in section 150.02 of this Chapter. Where, in a specific case, different sections of this article specify different requirements, the most restrictive shall govern. (b) Maintenance. Equipment, systems, devices and safeguards required by this article, or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. No owner, operator or occupant shall cause any service, facility, equipment or utility which is required under this section to be removed from or shut off from or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or abrogation of fire protection and safety systems and devices in existing structures. (c) Applicability of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Building Code as established in section 150.01 of this Chapter and applicable sections of the City of Sierra Vista Development Code. (d) Historic buildings. The provisions of this chapter shall not be mandatory for existing buildings or structures designated as historic buildings when such buildings or structures are judged by the building official to be safe. (e) Requirements not covered. Requirements necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, for the public safety, health and general welfare, not specifically covered by the requirements of this article, shall be determined by the building official. (Ord. 2015-009, passed 12-17-15)

§ 150.05 HANDRAILS AND GUARDRAILS. (a) General. Every exterior and interior flight of stairs having more than four (4) risers shall have a handrail on one side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than thirty (30) inches above the floor or grade below shall have guards. Handrails shall not be less than thirty-four (34) inches high or more than thirty-eight (38) inches high measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall not be less than thirty-six (36) inches high for residential and forty-two (42) inches high for commercial for landings, balconies, porches, decks or ramps or other walking surfaces. Balusters shall not be spaced more than four (4) inches apart. (Ord. 2015-009, passed 12-17-15)



§ 150.06 LIGHT, VENTILATION, AND OCCUPANCY LIMITATIONS. (a) Scope. The provisions of this section shall govern the minimum conditions and standards for light, ventilation and space for occupying a structure. (b) Responsibility. The owner of a structure shall provide and maintain light, ventilation and space conditions in compliance with these requirements. A person shall not occupy as owner-occupant, or permit another person to occupy, any premises that do not comply with the requirements of this chapter. (c) Light standards. (1) Habitable spaces. Every habitable space shall have at least one (1) window facing directly to the outdoors or to a court. The minimum total glazed area for every habitable space shall be eight (8) percent of the floor area of such room. Whenever walls or other portions of a structure face a window of any room and such obstructions are located less than three (3) feet from the window and extend to a level above that of the ceiling of the room, such windows shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the room. Provided, however, where natural light for rooms or spaces without exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be at least eight (8) percent of the floor area of the interior room or space, but not less than twenty-five (25) square feet. The exterior glazing area shall be based on the total floor area being served. (2) Common halls and stairways. Every common hall and stairway in residential occupancies, other than one- and two-family dwellings, shall be lighted at all times. In other than residential occupancies, means of egress, including exterior means of egress, and stairways shall be illuminated at floors and landings at all times that the building space served by the means of egress is occupied. (3) Other spaces. All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures as determined by the building official. (d) Ventilation standards. (1) Habitable spaces. Every habitable space shall have at least one (1) openable window. The total openable area of the window in every room shall be equal to at least forty-five (45) percent of the minimum glazed area required in subsection 150.06(c)(1) of this Chapter. Provided, however, where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be at least eight (8) percent of the floor area of the interior room or space, but not less than twenty-five (25) square feet. The ventilation openings to the outdoors shall be based on a total floor area being ventilated. (2) Bathrooms and toilet rooms. Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as required by subsection 150.06(d)(1) of this



Chapter, except that a window shall not be required in such spaces equipped with a mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom or toilet room shall discharge to the outdoors and shall not be recirculated. (3) Cooking facilities. Unless approved through the certificate of occupancy, cooking shall not be permitted in any rooming unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be present in the rooming unit or dormitory unit. Provided, however, devices such as coffee pots and microwave ovens shall not be considered cooking appliances. (4) Process ventilation. Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent of the source. Air shall be exhausted to the exterior and not be recirculated to any space. (5) Clothes dryer exhaust. Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted in accordance with the manufacturer’s instructions. (e) Occupancy limitations. (1) Minimum room widths. A habitable room, other than a kitchen, shall not be less than seven (7) feet in any plan dimension. Kitchens shall have a clear passageway of not less than three (3) feet between counter fronts and appliances or counter fronts and walls. (2) Minimum ceiling heights. Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling height of not less than seven (7) feet, except: a. In one- and two-family dwellings, beams or girders spaced not less than four (4) feet on center and projecting not more than six (6) inches below the required ceiling height of seven (7) feet are permitted. b. In basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or recreation purposes, a ceiling height of not less than six (6) feet, eight (8) inches with not less than six (6) feet, four (4) inches of clear height under beams, girders, ducts and similar obstructions shall be permitted. c. Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a clear ceiling height of at least seven (7) feet over not less than one-third of the required minimum floor area, shall be permitted. In calculating the floor area of such rooms, only those portions of the floor area with a clear ceiling height of five (5) feet or more shall be included. (3) Bedroom and living room requirements. Every bedroom and living room shall comply with the following requirements: a. Room area. Every bedroom shall contain at least seventy (70) square feet.

b. Access from bedrooms. Bedrooms shall not constitute the only means of access to other bedrooms or habitable space and shall not serve as the only means of egress from other habitable spaces. c. Water closet accessibility. Every bedroom shall have access to at least one (1) water closet and one (1) lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to at least one (1) water closet and lavatory located in the same story as the bedroom or an adjacent story. d. Prohibited occupancy. Kitchens and non-habitable spaces shall not be used for sleeping purposes. e. Other requirements. Bedrooms shall comply with the applicable provisions of this chapter including, but not limited to, light, ventilation, room area, ceiling height and room width; plumbing facilities and water-heating facilities; heating facilities and electrical receptacles requirements; smoke detector and emergency escape requirements. (4) Overcrowding. The number of persons occupying a dwelling unit shall not create conditions that, in the opinion of the building official, endangers the life, health, safety or welfare of the occupants. (5) Efficiency unit. Nothing in this section shall prohibit an efficiency living unit from meeting the following requirements. a. A unit occupied by not more than two (2) occupants shall have a clear floor area of not less than two hundred twenty (220) square feet. A unit occupied by three (3) occupants shall have a clear floor area of not less than three hundred twenty (320) square feet. These required areas shall be exclusive of the areas required by subsections b. and c. below. b. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than thirty (30) inches in front. Light and ventilation conforming to this section shall be provided. c. The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower. d. The maximum number of occupants shall be three (3). (6) Food preparation. All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage. (Ord. 2015-009, passed 12-17-15)

§ 150.07 PLUMBING FACILITIES AND FIXTURE REQUIREMENTS.

(a) Scope. The provisions of this section shall govern the minimum plumbing systems, facilities and plumbing fixtures to be provided. (b) Responsibility. The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any structure or premises which does not comply with the requirements of this section. (c) Dwelling units. Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink which shall be maintained in a sanitary and safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for the required lavatory. (d) Rooming houses. At least one (1) water closet, lavatory and bathtub or shower shall be supplied for each four (4) rooming units. (e) Hotels. Where private water closets, lavatories and baths are not provided, one (1) water closet, one (1) lavatory and one (1) bathtub or shower having access from a public hallway shall be provided for each ten (10) occupants. (f) Employee’s facilities. A minimum of one (1) water closet, one (1) lavatory and one (1) drinking facility shall be available to employees. (g) Drinking facilities. Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler or disposable cups next to a sink or water dispenser. Drinking facilities shall not be located in toilet rooms or bathrooms. (Ord. 2015-009, passed 12-17-15)

§ 150.08 TOILET ROOMS. (a) Privacy. Toilet rooms and bathrooms shall provide privacy. A door and interior locking device shall be provided for all common or shared bathrooms and toilet rooms in a multiple dwelling. (b) Location. Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units or housekeeping units shall have access by traversing not more than one (1) flight of stairs and shall have access from a common hall or passageway. (c) Location of employee toilet facilities. Toilet facilities shall have access from within the employee’s working area. The required toilet facilities shall be located no more than one (1) story above or below the employee’s working area and the path of travel to such facilities shall not exceed a distance of five hundred (500) feet. Employee facilities shall either be separate facilities or combined employee and public facilities. Provided, however, facilities that are required for employees in storage structures or kiosks, which are located in adjacent structures

under the same ownership, lease or control, shall not exceed a travel distance of five hundred (500) feet from the employee’s regular working area to the facilities. (d) Floor surface. In other than dwelling units, every toilet room floor shall be maintained to be a smooth, hard, nonabsorbent surface to permit such floor to be easily kept in a clean and sanitary condition. (Ord. 2015-009, passed 12-17-15)

§ 150.09 PLUMBING SYSTEMS AND FIXTURES. (a) General. All plumbing fixtures shall be properly installed and maintained in working order and shall be kept free from obstructions, leaks, defects and be capable of performing the function for which such plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition. (b) Fixture clearances. Plumbing fixtures shall have adequate clearances for usage and cleaning. (c) Plumbing system hazards. Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, inadequate venting, cross connection, back-siphonage, improper installation, deterioration or damage or for similar reasons, the building official shall require the defects to be corrected to eliminate the hazard. (Ord. 2015-009, passed 12-17-15)

§ 150.10 WATER SYSTEM. (a) General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water. (b) Contamination. The water supply shall be maintained free from contamination and all water inlets for plumbing fixtures shall be located above the flood-level rim of the fixture. Shampoo basin faucets, janitor sink faucets and other hose bibs or faucets to which hoses are attached and left in place, shall be protected by an approved atmospheric-type vacuum breaker or an approved permanently attached hose connection vacuum breaker. (c) Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks. (d) Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of hot and cold water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature of not less than one hundred

ten (110) degrees. A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination temperature and pressure relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters. (Ord. 2015-009, passed 12-17-15)

§ 150.11 SANITARY DRAINAGE SYSTEM. (a) General. All plumbing fixtures shall be properly connected to either a public sewer system or to an approved private sewer disposal system. (b) Maintenance. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects. (Ord. 2015-009, passed 12-17-15)

§ 150.12 STORM DRAINAGE. (a) General. Drainage of roofs and paved areas, yards and courts and other open areas on the premises shall not be discharged in a manner that adversely impacts neighboring property. (Ord. 2015-009, passed 12-17-15)

§ 150.13 MECHANICAL AND ELECTRICAL REQUIREMENTS. (a) Scope. The provisions of this section shall govern the minimum mechanical and electrical facilities and equipment to be provided by existing buildings. (b) Responsibility. The owner of the structure shall provide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises which does not comply with the requirements of this chapter. The owner and/or operator shall not for any reason remove any mechanical and electrical facilities and equipment which has been supplied by the owner and/or operator except for replacement or repair. (c) Heating facilities. (1) Facilities required. Heating facilities shall be provided in structures as required by this section. (2) Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of sixty-eight (68) degrees in all habitable rooms, bathrooms and toilet rooms. Cooking appliances shall not be used to provide space heating to meet the requirements of this section. (3) Heat supply. Every owner and operator of any building who rents, leases, or lets one (1) or more dwelling units or sleeping units, shall supply heat to the occupants and maintain a

temperature of not less than sixty-eight (68) degrees in all habitable rooms, bathrooms and toilet rooms during the period from November 1 to April 1. (4) Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat and maintain a temperature of not less than sixty-eight (68) degrees during the period from November 1 to April 1. (5) Processing, storage and operation areas that require cooling or special temperature conditions are exempt from the provisions of this subsection. (d) Mechanical equipment. (1) Mechanical appliances. All mechanical equipment furnished by the owner or operator including, but not limited to, fireplaces, dishwashers, garbage disposals, cooking appliances, air conditioning and heating systems and water heating appliances shall be properly installed and maintained in a safe working condition and shall be capable of performing the intended function. Adequate maintenance shall be provided on all mechanical equipment, including ductwork which is supplied by the owner and/or operator. (2) Removal of combustion products. All fuel burning equipment and appliances shall be connected to an approved chimney or vent. Provided, however, that fuel burning equipment and appliances which are labeled for unvented operation, shall not be required to be connected to an approved chimney or vent. (3) Clearances. All required clearances to combustible materials shall comply with the applicable Florida codes. (4) Safety controls. All safety controls for fuel-burning equipment shall be maintained in effective operation. (5) Combustion air. A supply of air for complete combustion of the fuel and for ventilation of the space containing the fuel-burning equipment shall be provided for the fuel-burning equipment. (6) Energy conservation devices. Devices intended to reduce fuel consumption by attachment to a fuel-burning appliance, to the fuel supply line thereto, or to the vent outside or vent piping therefrom, shall not be installed unless labeled for such purpose and the installation is specifically approved by the building official. (7) General. Duct systems shall be maintained free of obstructions and shall be capable of performing the required function. (e) Electrical facilities.

(1) Facilities required. Every occupied building shall be provided with an electrical system in compliance with the requirements of this section and subsection 150.13(f) of this Chapter. (2) Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the building code established under section 150.01 of this Chapter. Dwelling units shall be served by a three-wire, 120/240 volt, single phase electrical service having a rating of not less than sixty (60) amperes. (3) Electrical system hazards. When it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the building official shall require the defects to be corrected to eliminate the hazard. (f) Electrical equipment. (1) Installation. All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner. (2) Receptacles. Every habitable space in a dwelling shall contain at least two (2) separate and remote receptacle outlets. Every laundry area shall contain at least one (1) grounded-type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain at least one (1) receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection. (3) Luminaires. Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and furnace room shall contain at least one (1) electric luminaire. (g) Elevators, escalators and dumbwaiters. (1) General. Elevators, dumbwaiters and escalators shall be maintained in compliance with ASME A17.1. The most current certification of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter or the certificate shall be available for public inspection in the office of the building operator. (2) Elevators. In buildings equipped with passenger elevators, at least one (1) elevator shall be maintained in operation at all times when the building is occupied. Provided, however, buildings equipped with only one (1) elevator shall be permitted to have the elevator temporarily out of service for testing or servicing. (Ord. 2015-009, passed 12-17-15)

§ 150.14 FIRE SAFETY REQUIREMENTS. (a) Scope. The International Fire Code as adopted under section 152.01 of this Chapter shall govern the minimum conditions and standards for fire safety relating to structures and exterior premises, including fire safety facilities and equipment to be provided by existing buildings.




(b) Responsibility. The owner of the premises shall provide and maintain such fire safety facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises that do not comply with the requirements of this section. (c) Means of egress. (1) General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the International Fire Code as adopted under section 152.01 of this Chapter. (2) Aisles. The required width of aisles in accordance with the International Fire Code as adopted under section 152.01 of this Chapter shall be unobstructed. (3) Locked doors. All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys. (4) Emergency escape openings. Required emergency escape openings shall be maintained in accordance with the code in effect at the time of construction and the following requirements: a. Emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools. b. Bars, grilles, grates or similar devices are permitted to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with the code that was in effect at the time of construction and such devices shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the escape and rescue opening. (d) Fire-resistance ratings. (1) Fire-resistance-rated assemblies. The required fire-resistance rating of fire resistance-rated walls, fire stops, shaft enclosures, partitions and floors shall be maintained. (2) Opening protectives. Required opening protectives shall be maintained in an operative condition. All fire and smoke stop doors shall be maintained in an operable condition. Fire doors and smoke barrier doors shall not be blocked or obstructed or otherwise made inoperable. (e) Fire protection systems. (1) General. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in a operable condition at all times in accordance with the International Fire Code as adopted under section 152.01 of this Chapter.




(2) Smoke alarms. Single or multi-station smoke alarms shall be installed and maintained in all residential and institutional occupancies at all of the following locations: a. At the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms. b. In each room used for sleeping purposes. c. In each story within a dwelling unit but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one (1) full story below the upper level. d. Single or multiple-station smoke alarms shall be installed in other groups in accordance with the International Fire Code as adopted under section 152.01 of this Chapter. (3) Power source. In residential and institutional occupancies, single-station smoke alarms shall receive their primary power from the building wiring provided that such wiring is served from a commercial source and shall be equipped with a battery backup. Smoke alarms shall emit a signal when the batteries are low. Wiring shall be permanent and without a disconnecting switch other than is required for over-current protection. Provided, however, smoke alarms are permitted to be solely battery operated in buildings where no construction is taking place, buildings that are not served from a commercial power source and in existing areas of buildings undergoing alterations or repairs that do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available which could provide access for building wiring without the removal of interior finishes. (4) Interconnection. Where more than one (1) smoke alarm is required to be installed within an individual dwelling unit in residential occupancies or institutional occupancies, the smoke alarms shall be interconnected in such a manner that the activation of one (1) alarm will activate all of the alarms in the individual unit. The alarm shall be clearly audible in all bedrooms over background noise levels with all intervening doors closed. Provided, however, that: a. Interconnection is not required in buildings which are not undergoing alterations, repairs, or construction of any kind. b. Smoke alarms in existing areas are not required to be interconnected where alterations or repairs do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available which could provide access for interconnection without the removal of interior finishes. (Ord. 2015-009, passed 12-17-15)

§ 150.15 EXTERIOR STRUCTURE MAINTENANCE. (a) General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare.


(b) Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted when said condition is evident on fifty (50) percent or more of an exterior surface visible from a public right-of-way. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors and skylights shall be maintained weather resistant and water tight. All metal surfaces subject to rust and corrosion and all surfaces with rust and corrosion shall be stabilized and coated to inhibit future rust and corrosion. (c) Premises identification. Buildings shall have approved address numbers placed in a position to be plainly legible from the street or road fronting the property. These numbers shall contrast with their background. Numbers shall be a minimum of four (4) inches high with a minimum stroke width of one-half-inch. Multi-unit residential structures or non-residential structures containing multiple units which do not individually face the street, shall be permitted to have only one (1) number for the structure. (d) Structural members. All structural members shall be maintained free from deterioration and shall be capable of safely supporting the imposed dead and live loads. (e) Foundation walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests. (f) Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials and maintained weatherproof and properly surface coated where required to prevent deterioration. (g) Roof’s drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that adversely impacts adjacent property. (h) Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall faces and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. (i) Overhang extensions. All overhang extensions including, but not limited to, canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust.

(j) Chimneys and towers. All chimneys, cooling towers, smoke stacks and similar appurtenances shall be maintained structurally safe and sound and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. (k) Stairways, decks, porches and balconies. Every exterior stairway, porch, deck and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. (l) Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. (m) Window, skylights and door frames. Every window, skylight, and door frame shall be kept in sound condition, good repair and weather tight. (n) Glazing. All glazing materials shall be maintained free from cracks and holes. (o) Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware. (p) Insect screens. Dwelling units that are rented or leased shall have screens on all exterior openable windows and doors used or required for ventilation. Said screens shall be stretched and fitted and maintained without open rips or tears. (q) Doors. All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwellings units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with subsection 150.14 (c)(3) of this Chapter. (r) Building security. Doors and windows for dwelling units, room units or housing units shall be provided with devices designed to provide security for the occupants and property within. (s) Doors. Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a deadbolt lock designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort and shall have a lock throw of not less than one (1) inch. Such deadbolt locks shall be installed according to the manufacturer's specifications and maintained in good working order. For the purpose of this section, a sliding bolt shall not be considered an acceptable deadbolt lock. (t) Windows. Operable windows located in whole or in part within six (6) feet above ground level or a walking surface below that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a locking device. (Ord. 2015-009, passed 12-17-15)

§ 150.16 INTERIOR STRUCTURE MAINTENANCE.


(a) General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two (2) or more dwelling units or two (2) or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. (b) Structural members. All structural members shall be maintained structurally sound and be capable of supporting the imposed loads. (c) Interior surfaces. All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected. (d) Stairs and walking surfaces. Every stair, ramp, landing, balcony, deck, porch or other walking surface shall be maintained in sound condition and good repair. (e) Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. (f) Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware. (g) Extermination. All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by a licensed contractor in a manner that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation. Responsibility for complying with this provision shall be assigned as follows: (1) Owner. The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure. (2) Single occupant. The occupant of a one-family dwelling or of a single-tenant, non-residential structure shall be responsible for extermination on the premises. (3) Multiple occupancy. The owner of a structure containing two (2) or more dwelling units, a multiple occupancy, a rooming house or a non-residential structure shall be responsible for the extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant shall be responsible for extermination. (4) Occupant. The occupant of any structure shall be responsible for the continued rodent and pest-free condition of the structure. Provided, however, that where the infestations are caused by defects in the structure, the owner shall be responsible for extermination.

(Ord. 2015-009, passed 12-17-15) § 150.17 VACANT STRUCTURES.

(a) All vacant structures shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health, welfare or safety. No vacant structure may be boarded up for a period of time exceeding thirty (30) days unless the building official grants a waiver for extenuating circumstances beyond the property owner's control. The following are minimum vacant property standards to be adhered to when temporary board and seal is used. Compliance with these standards does not constitute repair of an unsafe or abandoned structure. (1) Exterior grade sheathing plywood of three-eighths of an inch thickness or greater shall be used to fully cover all windows, doors and other openings which may allow access to the interior of the building. (2) Plywood covers shall be nailed, screwed or bolted firmly over each opening. (3) Plywood covers or other protective material must be painted to match the building colors. (Ord. 2015-009, passed 12-17-15)

§ 150.18 UNSAFE STRUCTURES AND EQUIPMENT ABATEMENT. (a) General. All structures or equipment that are or hereafter become dilapidated, unsanitary, unsafe or uninhabitable shall be made safe, sanitary and/or inhabitable by corrective action, including, but not limited to, demolition, removal, or repair in accordance with this chapter or other applicable law, code, ordinance or regulations. (b) Unsafe structures. An unsafe structure is one that is found to be dangerous to life, health, or property by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible. (c) Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, or property. (d) Structures unfit for human occupancy. A structure is unfit for human occupancy whenever the building official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this chapter, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.

(e) Closing of vacant structures. If a structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the building official is authorized to post a placard or condemnation on the premises and to order the structure closed up as to not be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the building official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the costs thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any available legal resource. (f) Notice. Whenever the building official has condemned a structure or equipment under the provisions of this section, notice shall be provided in accordance with subsection 150.20(b) of this Chapter. (g) Placarding. Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the building official shall post on the premises or on defective equipment a placard bearing the word “CONDEMNED” and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard. (h) Placard removal. The building official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. (i) Prohibited occupancy. Any occupied structure condemned and placarded by the building official shall be vacated as ordered by the building official. Any person who shall occupy a placarded premise or who shall let anyone occupy a placarded premise or operate placarded equipment shall be liable for the penalties provided by the City Code. (Ord. 2015-009, passed 12-17-15)

§ 150.19 EMERGENCY MEASURES. (a) Imminent danger. When, in the opinion of the building official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupancy of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the building official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The building official shall cause to be posted at each entrance to such structure a notice to read as follows: “THIS STRUCTURE IS UNSAFE AND ITS OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING OFFICIAL.” It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or demolishing the same structure. (b) Temporary safeguards. Whenever in the opinion of the building official there is imminent danger due to an unsafe condition, the building official shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe and shall


cause such other action to be taken as the building official deems necessary to meet such emergency. (c) Closing streets. When necessary for public safety, the building official shall temporarily close structures and close, or order the authority having jurisdiction to close sidewalks, streets, public ways and places adjacent to unsafe structures and prohibit the same from being utilized. (d) Emergency repairs. For the purpose of this section, the building official shall employ the necessary labor and materials to perform the required work as expeditiously as possible. (e) Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the City of Sierra Vista Magistrate be afforded a hearing pursuant to the provisions of Chapter 43 of this Code. (Ord. 2015-009, passed 12-17-15)

§ 150.20 DEMOLITION. (a) General. The building official shall order the owner of any premises upon which is located any structure, which in the building official’s judgment is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to demolish and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than two (2) years, to demolish and remove such structure. (b) Notices and orders of unsafe building. The building official shall prepare and issue a notice of unsafe building directed to the owner(s) and any mortgage holder. The notice shall be served either personally or by certified mail, postage prepaid, return receipt requested, to each person at the address as it appears on the official public records. The failure of any person to receive notice, other than the owner, shall not invalidate any proceedings under this section. The notice shall contain, but not be limited to, the following information: (1) The street address and legal description of the building, structure, or premises. (2) A statement indicating the building or structure has been declared unsafe by the building official, and a detailed report documenting the conditions determined to have rendered the building or structure unsafe under the provisions of this Code. (3) A statement advising that if the required action as determined by the building official is not commenced or completed by the time specified, the building will be ordered vacated and posted to prevent further occupancy until the work is completed and the building official may cause the work to be done and all costs incurred charged against the property or owner of record. (4) A statement advising that any person or mortgage holder having any legal interest in the property may appeal the notice by the building official to the hearing officer; and that such

appeal shall be in writing and shall be filed with the city clerk within thirty (30) days from the date of the notice and that failure to appeal in the time specified will constitute a waiver of all rights to an administrative hearing. a. If the building or structure is to be repaired, the notice shall require that all necessary permits be secured and the work commenced within sixty (60) days and continued to completion within such time as the building official determines. b. If the building or structure is to be vacated, the notice shall indicate the time within which vacation is to be completed. c. If the building or structure is to be demolished, the notice shall require that the premises be vacated within sixty (60) days, that all required permits be secured and that the demolition be completed within such time as determined reasonable by the building official. (c) Failure to comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the building official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the costs of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. (Ord. 2015-009, passed 12-17-15)

§ 150.21 FINDINGS OF FACT. The city council finds and determines that it is necessary to establish the minimum standards contained herein for the maintenance, upkeep, and appearance of improved or unimproved real property; and to provide a just, equitable and practicable method to preclude: (1) Diminished property values; (2) Detraction from the appropriate aesthetics of the city; and (3) Creation of nuisance and other undesirable and unhealthy conditions. (Ord. 2015-009, passed 12-17-15)

§ 150.22 NUISANCES PROHIBITED. It shall be unlawful for any person to cause, permit, maintain, or allow the creation or maintenance of a nuisance as defined in section 150.02 of this Chapter. (Ord. 2015-009, passed 12-17-15)

§ 150.23 NUISANCES. Except as otherwise permitted by law, each of the following conditions is declared to be a nuisance: (1) Abandoned Property.


(2) Abandoned Structure. (3) Animal manure that is neither used for fertilizing lawns or gardens nor securely protected from insects and the elements. (4) Any artificial illumination of such intensity as to interfere substantially and unnecessarily with the use and enjoyment of any property, or with the lawful use of any school, public place or public street, or with any governmental or public function of the city, or as to constitute a hazard or threat to the public health, safety, and welfare of the people of the city; provided, that this subsection shall not apply where the person responsible for such artificial illumination is utilizing the same at any exhibition, performance, amusement, attraction or event authorized or sponsored by the city, or any public, private or parochial school within the city. Outdoor lighting shall comply with Article 151.11 of the City of Sierra Vista Development Code. (5) The escape or flow of water into the public right-of-way in such quantity, in the opinion of the City Engineer, as to cause flooding, to impede vehicular or pedestrian traffic, to create a hazardous condition for such traffic, or to cause damage to the public streets or alleys of the city through their failure or neglect to properly operate or maintain any water facility or device, including, but not limited to, sprinklers, hoses, pipes, ditches, standpipes, berms, valves, and gates. (6) Any commercial or industrial type equipment to include: tractors, backhoes, bulldozers, trenchers, cranes, or other similar equipment parked in an area visible to the public for more than 48 hours in any residential district except when the equipment is being used for construction purposes on the site. (7) Putrid, unsound or unwholesome bones, meat, hides, skins, or other animal parts; dead animals, fish or fowl; butcher’s trimmings and offal; waste vegetation; liquid waste; animal matter, garbage, human or animal excreta, sewage and other similar offensive substances. (8) A dumping ground or other land or building for depositing litter or debris, or wrecking, disassembling, rebuilding, repair, storage or accumulation of three (3) or more vehicles, or of machinery, or parts of vehicles or machinery. (9) Noxious exhalations and other airborne irritations, including, but not limited to, smoke, soot, dust, fumes or other gases, offensive odors, or other annoyances. Refer to Smoke Definition. (10) Air Pollution, Bburning litter, debris, sawdust or other material resulting in smoke, gases, ashes, soot, cinders, sawdust or other material being transported to or deposited on land or buildings. Disposing of litter, debris, sawdust or other material in a manner that results in its unauthorized deposit on land or buildings. (11) An unsecured or abandoned excavation, pit, well, other hole or pool.

(12) A privy, vault, cesspool, sump, pit, pool, accumulated water or similar condition that is foul, malodorous, or subject to infestation, pollution or stagnation. (13) Plant growth or any other condition, sign, structure, or vehicle that obstructs or interferes with or renders dangerous the use or passage of any public place. (14) Plant growth or any other condition, sign, structure, or vehicle that obstructs or interferes with sight distance or the visibility of any traffic control device or sign. (15) Plant growth or any other condition that constitutes a fire hazard or encourages infestation or noxious pests. (16) Infestation. (17) Inoperative Vehicle. (18) Slum property. (19) A building or land regularly used in the commission of a crime. (20) Blight. (21) Attractive nuisances. (22) Graffiti. (23) Excessive heat extending beyond property lines. (Ord. 2015-009, passed 12-17-15)

§ 150.24 LITTER CONTROL. (a) No person shall throw, deposit or dump any litter or debris on any land. (b) A person may store litter and debris in a secure receptacle with a tight lid for collection if the receptacle is maintained so that litter and debris are prevented from being blown or deposited on any public place or adjacent land. (c) Only as permitted by law, a person may store litter and debris within any building. (Ord. 2015-009, passed 12-17-15)

§ 150.25 CARE OF PREMISES. All exterior property shall be maintained in accordance with the following minimum standards so as not to create a nuisance: (1) Sanitation. All exterior property and premises shall be maintained in a safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant

occupies or controls in a safe and sanitary condition. It shall be unlawful for any person to permit any rubbish, trash, refuse, junk and other abandoned materials or any condition which provides harborage for rats, mice, snakes and other vermin to remain in a front yard or open area owned, occupied or in the possession of such person for a period of more than five (5) days. Garbage and refuse shall be disposed of in accordance with the provisions of chapter 10 of this Code. (2) Grading and drainage. All premises with the exception of approved retention areas and reservoirs shall be graded and maintained to prevent erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon. (3) Walkways and driveways. All walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair and maintained free from hazardous conditions. (4) Maintenance of public rights-of-way. All tenants or occupants of any real property abutting any local street or alley in the city, or if no tenant or occupant, then the owner thereof, shall be required to keep that part of the street between such property lines and the curb, including the gutter of the street on which such property abuts, or up to the median point of an alley, improved or unimproved, in a safe and sanitary condition at all times. Said area shall be kept free from trash of all kinds except household waste that is being properly disposed. Grass, weeds, or other groundcover shall not exceed twelve (12) inches. Sidewalks shall be kept free from sand, leaves, algae growth, vegetation and slippery conditions. (5) Yard maintenance. Improved lots or parcels shall be maintained free from weeds or untended plant growth in excess of twelve (12) inches in height. Vacant lots or parcels that are adjacent to an improved property shall be maintained free from weeds or untended plant growth in excess of twelve (12) inches in height a distance of seventy-five (75) feet from the property line adjoining the improved property and twenty-five (25) feet from the property line adjoining a public or private street. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees and shrubs, provided however, this term shall not include cultivated flowers and individual or community gardens. (6) Rodent harborage. All exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent re-infestation. (7) Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant. (8) Accessory structures. All accessory structures, including, but not limited to, detached garages, fences and walls shall be maintained structurally sound and in good repair. (9) Defacement of property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing

thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair. (10) Swimming pools. Private swimming pools containing water more than twenty-four (24) inches in depth shall meet the following standards: a. It shall be unlawful for any person, owner, lessee, tenant, occupant, or business entity (hereinafter collectively “person”) to have, keep, maintain, cause or permit a swimming pool where the water quality deteriorates to such a poor level as to prevent clear visibility from the water’s surface to the pool bottom or as to create a breeding ground for mosquitoes or other insects or the water is stagnant allowing algae to grow. b. Private swimming pools, hot tubs and spas, containing water more than 24-inches in depth shall be completely surrounded by a fence or barrier at least 60-inches in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is less than 54-inches above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6-inches from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. Provided, however, spas or hot tubs with a safety cover that complies with ASTM F 1346 shall be exempt from the provisions of this section. (11) Toxic, Hazardous, and Flammable Materials. The storage and use of poisonous, corrosive, explosive, flammable and combustible liquids, radioactive materials, and other materials hazardous to life or property, as determined by the City, shall conform to all applicable portions of the currently approved edition of the International Building Code and the International Fire Code. These standards are in addition to all applicable state and federal regulations. (Ord. 2015-009, passed 12-17-15)

§ 150.26 ADDITIONAL VIOLATIONS. (a) No person shall create, maintain or permit a public nuisance as defined in section 150.02 and enumerated in 150.23 of this Chapter. (b) No person shall create, maintain, permit or assist any violation of this chapter, or fail to perform any act or duty required by this chapter. (c) No person shall interfere or attempt to interfere with a city agent investigating or abating a violation of this chapter. (d) No person shall knowingly make a false statement or knowingly mislead a city agent investigating or abating a violation of this chapter. (Ord. 2015-009, passed 12-17-15)



§ 150.28 AUTHORITY TO ENFORCE. (a) The city manager or designee, city attorney, building official, code enforcement officers and Sierra Vista police officers shall enforce this chapter. (b) The city manager or designee shall designate slum property. (c) When vegetation extends into a street, alley, or public right-of-way in such a manner that it interferes with the free and safe use of the street, alley, or right-of-way, the city may immediately trim and cut such vegetation as necessary to remove such interference without notice to the property owner and without following the abatement procedures set forth in this code. (Ord. 2015-009, passed 12-17-15)

§ 150.29 PRESUMPTIONS. (a) The owner of land, as recorded in the Cochise County Recorder’s Office, is presumed to have control over the land and buildings and accessory improvements on the land. If more than one (1) person is recorded as the owner of land, all persons on record are presumed to have joint and several control over the land and buildings and accessory improvements on the land. The occupant residing or operating a business on land or in a building is presumed to have control over the building and land on which it is located. These presumptions shall not prevent the enforcement of this chapter against persons other than record owners. (b) Under the state statutes regarding criminal nuisance, the owner, leaseholder or person with legal privilege to control land, shall be deemed to have notice of the criminal nuisance as set forth in the state statutes. (c) A sign or structure is presumed to be owned by or under the control of: (1) The person whose name, address, e-mail address or phone number appears on it, and/or (2) The person whose business, product or service appears on it, (3) The person whose business benefits by it, (4) The person who owns or controls the land upon which the sign or structure is placed, and/or (5) The person who installed or placed it. (d) All presumptions are rebuttable. (Ord. 2015-009, passed 12-17-15)

§ 150.30 ENFORCEMENT OPTIONS.

(a) The city, its officers and employees may enforce this chapter by one (1) or more lawful means, including but not limited to, voluntary compliance, administrative and civil consent orders, civil enforcement, including injunctive action, criminal enforcement, abatement by administrative procedure, emergency abatement, abatement regarding criminal activity, and designation of slum property. The city may also require restitution. In addition, the city may immediately remove any structure or sign from any street or public place. One (1) type of enforcement neither limits nor precludes the city from pursuing any other type of enforcement. (b) A violation of this chapter is in addition to any other violation of the City Code. Enforcement of a violation of this chapter in no way limits enforcement of any other violation of the City Code or of state statutes. (Ord. 2015-009, passed 12-17-15)

§ 150.31 MISDEMEANOR VIOLATIONS. Notwithstanding the provisions of section 150.30, a violation of this chapter may only be deemed a class one misdemeanor if the violation is: (a) A public nuisance as defined in section 150.02 and enumerated in 150.23 of this Chapter, or (b) The second or subsequent violation of any other section within two (2) years of the first violation. (Ord. 2015-009, passed 12-17-15)

§ 150.32 INSPECTIONS. (a) The city manager or designee, building official, code enforcement officer or Sierra Vista police officers may inspect buildings or land to determine compliance with this chapter; provided however, inspections for buildings not readily accessible to or readily visible to the public be conducted in conformance with A.R.S. 9-833. (b) Building exteriors and unscreened land shall be conducted in conformance with A.R.S. § 9-833. (bc) Except in a situation presenting an imminent hazard to life, health or public safety, building interiors and screened land shall be inspected during the normal business hours of the city, unless otherwise arranged, upon: (1) The owner’s or occupant’s consent, or (2) Any administrative or court order. (Ord. 2015-009, passed 12-17-15)

§ 150.33 VOLUNTARY COMPLIANCE.




The city manager or designee, building official, code enforcement officer or Sierra Vista police officers may seek voluntary compliance with this chapter through warnings, notices, compliance orders, or other means to achieve efficient and effective compliance. (Ord. 2015-009, passed 12-17-15)

§ 150.34 ADMINISTRATIVE CONSENT ORDERS. The city may enter into a written administrative consent order, signed by the city manager or a code enforcement officer, with a person accused of violating this chapter. The administrative consent order may be enforced as a contract is enforced or by any other lawful means. (Ord. 2015-009, passed 12-17-15)

§ 150.35 CIVIL COMPLAINTS. (a) The city manager or designee, building official, code enforcement officers, the city attorney and Sierra Vista police officers may bring civil complaints under this chapter. (b) The complaint shall include a written description and statutory designation of the violation(s). (c) The city shall attempt to hand deliver the civil citation to the person accused of violating this Code. If the city is unable to hand deliver the civil citation, the city may serve it by certified or registered mail, return receipt requested, or by any means allowed by the Arizona Rules of Civil Procedure. If the city sends a citation via certified or registered mail, an additional copy must also be sent by regular mail. (d) The citation is deemed served on the date it is hand delivered or, if mailed, on the date it is deposited in the United States Mail. (Ord. 2015-009, passed 12-17-15)

§ 150.36 CIVIL COMPLAINTS—COURT APPEARANCE OR FAILURE TO APPEAR. (a) On or before the date specified in the complaint, the defendant shall appear in municipal court in person or through an attorney. The defendant shall admit or deny the allegations in the complaint. If the defendant admits the allegations, the court shall enter judgment against the defendant and impose the civil penalties set forth in section 150.41 of this Chapter, and require restitution. If the defendant denies the allegations, the court shall set the matter for hearing. (b) If a defendant served with a complaint fails to appear on or before the date specified in the complaint, or fails to appear at the hearing set by the court, the allegations in the complaint are deemed admitted. The court shall enter judgment against the defendant and impose the civil penalties set forth in section 150.41 below, and require restitution. (Ord. 2015-009, passed 12-17-15)

§ 150.37 AUTHORITY TO ISSUE CRIMINAL COMPLAINTS.



A Sierra Vista police officer, code enforcement officer, or the city attorney may bring criminal complaints under this chapter. (Ord. 2015-009, passed 12-17-15)

CHAPTER 93 OF CITY CODE, NOISE

CHAPTER 93: NOISE AND VIBRATIONS Section 93.01 Prohibition of loud or unusual noise 93.02 Exemptions 93.03 Vibrations Cross-reference: Sound amplification systems in vehicles, see Chapter 74

§ 93.01 PROHIBITION OF LOUD OR UNUSUAL NOISE. It shall be unlawful for any person to willfully make or continue, or cause to be made or continued, any loud, unnecessary, or unusual noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing or present in the area. The standards which shall be considered in determining whether a violation exists shall include but not be limited to the following: (a) Noise that causes the maximum sound level at any point on property lines surrounding the premises on which noise is produced to exceed the ambient background noise, including traffic noise, by five decibels on the A-weighted scale measured at the same point, or the following limits, whichever is greater, except as provided under section 93.02 of this Chapter: ADJACENT LAND USE

Land Use Category Residential a/b

Commercial a/b

Industrial a/b

Residential 55/50 55/50 55/50

Commercial 55/50 60/55 70/65

Industrial 55/50 60/55 70/65

NOTE: “a” represents the hours between 6:00 a.m. and 8:00 p.m. “b” represents the hours between 8:00 p.m. and 6:00 a.m. (b) The sound level at the boundary line between land use areas shall not exceed the average of the maximum permitted sound level for each such area noted above. (c) One of the following corrections may be applied to the limits and corrections noted under subsection (a) only between the hours of 6:00 a.m. and 8:00 p.m.:

Frequency of Occurrence Correction (in Decibels)

Noise occurring not more than fifteen minutes per hour +5

Noise occurring not more than five minutes per hour +10

Noise occurring not more than one minute per hour +15

Any period of time within the hour less than one minute +20



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(d) In the event that the ambient noise level on the adjacent commercial or residential properties exceeds any of the first four noise level categories in subsection (c), the intrusive noise level limit for the cumulative period applicable to the category shall be increased to reflect the ambient noise level. ('76 Code, § 10-1-9) (Ord. 372, passed 1-12-78; Am. Ord. 2015-009, passed 12-17-15) Penalty, see § 10.99

§ 93.02 EXEMPTIONS. The following sounds are exempt from the provisions of this Chapter: (a) Construction and maintenance, or the demolition of structures between 6:00 a.m. and 8:00 p.m. (b) Safety signals, warning devices, and emergency pressure relief valves. (c) Moving sources such as vehicles and aircraft, except when the moving sources are operated as part of sporting or entertainment events. (d) Emergency work involving equipment or vehicles to protect life or property. (e) Authorized emergency vehicles when responding to an emergency call or acting in time emergency. (f) Non-amplified crowd noises resulting from activities such as those planned by school, governmental or community groups, or organized sports. (g) Church chimes. (h) City vehicle, equipment, or facilities while being operated for official use. (i) Heating and cooling equipment when it is functioning in accordance with manufacturer’s specifications and is in proper operating condition, provided that no unit may create excessive, unnecessary, or offensive noise causing annoyance or discomfort to a reasonable person of normal sensitivity within any sleeping or living area inside any dwelling unit. (j) Any other activity to the extent a regulation has been pre-empted by state or federal law. (k) Noise producing structures, facilities, or activities legally established prior to the effective date of this section that do not conform to the provisions of this section, shall be considered to be legally non-conforming. Such structures, facilities, or activities may continue in their non-conforming state and may make reasonable repairs and alterations. (l) Structural repairs, additions, enlargements, changes of occupancy may be made subject to complying with the provisions of this section and all other provisions of this code. (m) Emergency alarms, such as fire alarms or burglar alarms, prior to a reasonable opportunity for the owner or tenant in possession of the premises served by such alarm to turn off the alarm.

§ 93.03 VIBRATIONS

(a) No person shall cause or permit ground vibration into the property of another person that exceeds the limits set forth below in this section.


(1) Ground vibration as measured at the boundary of a residential planning district and an industrial planning district shall not exceed 0.01 inches per second (0.00025 meters per second) RMS velocity. (2) Ground vibration as measured at a common property boundary of any two properties within any industrial planning district shall not exceed 0.1 inches per second (0.00025 meters per second) RMS velocity.

(b) Method of measurement: Vibration measurement procedures shall conform to the methods described in this section or to procedures approved by the Arizona Department of Environmental Quality. (1) Instrumentation shall be capable of measuring RMS value of the vibration velocity over the frequency range of 10 to 1,000 Hz.

(2) Measurement values shall be recorded for a sufficient period of observation to provide a representative sample. (3) Attachment of the vibration transducer to the ground shall be by magnetic or screw attachment to a steel bar of a minimum of 9 inches (22.9 cm.) in length, driven flush with the ground surface.

(c) Exemptions: The rules of this section shall not apply: (1) Vibration resulting from the operation of any equipment or facility of a surface carrier engaged in interstate commerce by railroad. (2) Vibration resulting from the operation of any road vehicle. (3) Vibration resulting from construction activities and equipment, between 6 a.m. and 8 p.m. (4) Vibration resulting from roadway maintenance and repair equipment. ('76 Code, § 10-1-9) (Ord. 372, passed 1-12-78; Am. Ord. 2015-009, passed 12-17-15)

Jeff Pregler City of Sierra Vista Planning and Zoning Division [email protected] November 7, 2017

RE: Proposed Changes to the City of Sierra Vista Development Code Dear Jeff,

I am writing to oppose some proposed changes to the City of Sierra Vista’s Development Code, titled Water Adequacy Clarifications, Section 151.19.05 “Final Plat Stage,” specifically “Final Plat Certificates” at (6)(f) and “Water Adequacy” at (7)(a). I believe the proposed changes are contrary to state law.

The proposed changes would alter the current Development Code, which now requires any subdivision with four or more lots to provide proof of an adequate water supply. The proposed changes would increase the number of lots in the subdivision to six or more before proof of an adequate water supply is required.

This is a clear attempt by the City of Sierra Vista to get around the legal requirement to ensure an adequate water supply for all developments over four lots, as the regulations now require. This will allow the Planning & Zoning Division to fast track developments that will harm the water supply of the San Pedro River and will circumvent the state requirement of an adequate water supply for prospective purchasers of land within the city. These proposed changes are not in the best interests of the residents of the City of Sierra Vista and surrounding area.

Arizona’s definition of “subdivision” as it applies to Cities and Towns is found in Arizona Revised Statutes at A.R.S 9 (Cities and Towns), specifically A.R.S. 9-463 (Municipal Subdivision Regulations). In this statute “subdivision” is defined as “any land or portion thereof subject to the provisions of this article as provided in section 9-463.02. “Subdivisions” are then defined at 9-463.02 (Subdivision defined; applicability):

"Subdivision" means improved or unimproved land or lands divided for the purpose of financing, sale or lease, whether immediate or future, into four or more lots, tracts or parcels of land, or, if a new street is involved, any such property which is divided into two or more lots, tracts or parcels of land, or, any such property, the boundaries of which have been fixed by a recorded plat, which is divided into more than two parts…

It is this provision in the Arizona Revised Statutes that the Community Development Department should refer to and comply with when determining the definition of “subdivision.” While the definition of “subdivision” can be found in two other A.R.S. sections, neither of these two provisions applies to cities and therefore the City of Sierra Vista must not rely upon the definitions found in those other two sections while revising the Development Code.

For Counties, the definition of subdivision is found at A.R.S. 11-831 (County Planning and Zoning), which allows Counties to adopt ordinances and regulations for subdivisions of five or fewer lots. Another statute that defines “subdivision” is not directed at any political subdivision of the state, but rather addresses “Professions and Occupations.” This statute, A.R.S. 32-2101(56)(a), defines “subdivision” as “improved or unimproved lands or lands divided or proposed to be divided for the purpose of sale or lease…into six or more lots, parcels or fractional interests.”


It is A.R.S. 32-2101 that the City of Sierra Vista refers to in the proposed changes to the Development Code in an attempt to increase the number of subdivision lots that require a certificate of adequate water supply. This is an obvious attempt to circumvent state laws regulating cities. The City of Sierra Vista may not make changes to the Development Code by referring to a statute that clearly addresses “Professions and Occupations,” specifically Real Estate, and is not applicable to how cities define subdivision, especially while a state statute applicable to cities addresses this exact issue.

While cities are authorized to regulate the subdivision of all lands within their corporate limits by A.R.S. 9-463.01(A), this does not authorize the City of Sierra Vista to alter the definition of subdivision as regulated by A.R.S. 9-463.02.

Therefore, in order to fully comply with state law, the City of Sierra Vista Development Code must continue to require certificates of adequate water supply for any development of four or more lots, tracts, or parcels of land. The proposed change to this section of the Development Code should be rejected.

Thank you, Tricia Gerrodette 3327 Eagle Ridge Drive Sierra Vista, AZ 85650 520.378.4937 [email protected]


Jeff Pregler City of Sierra Vista Planning and Zoning Division [email protected] November 7, 2017

RE: City of Sierra Vista Development Code Dear Jeff,

I am writing to request some changes to the City of Sierra Vista’s Development Code, titled Care of Premises, Section 150.25, paragraphs (4) and (5).

The definition of all grasses as weeds is overly broad. After all, corn is a grass, as are

many other products that humans enjoy. The restriction to 12 inches of height would cause most of our native grasses to not be acceptable for yards. It certainly makes the popular but not native Pampas Grass illegal. There are non-native fountain grasses planted around the city that would be deemed illegal under this definition.

In efforts to conserve our use of outdoor water, it seems to me that native plants of all

types, flowers and grasses, should be encouraged, not treated as weeds. Please change the phrasing in this section of the code to be supportive of native plants and their appearance.

Thank you. Tricia Gerrodette 3327 Eagle Ridge Drive Sierra Vista, AZ 85650 520.378.4937 [email protected]



Pollinator Corridors SouthWest Post Office Box 1289 Hereford, AZ 85615-1289

Phone: (520) 234-7025

Email: [email protected]

Pollinator Corridors Inc. (doing business as Pollinator Corridors Southwest) is a nonprofit 501(c)(3) organization. EIN: 47-3801543

Website: www.pocosouthwest.org

November 6, 2017 Mr. Jeff Pregler, City Planner City of Sierra Vista Sent via email: [email protected] Re: Comment on Sierra Vista City Code of Ordinances §150.25(5) Dear Mr. Pregler: Thank you for the opportunity to review and comment on proposed city code amendments, specifically §150.25(5) Yard maintenance. The current code wording “All noxious weeds shall be prohibited. Weeds shall be defined as all grasses…” could be interpreted to describe native bunchgrasses as a prohibited weed. Native grasses should be encouraged in residential landscapes for many reasons. Native grasses need very little supplemental water and no fertilizer or amended soils as they are adapted to southwest soils and weather. These facts support the water conservation goals of the Cochise County Comprehensive Plan and the Sierra Vista Sub Watershed Water Conservation and Management Policy Plan. Many native grasses are host plants for pollinators (butterflies and moths), as well as a food source for birds. As the wild areas of Cochise County are encroached on, migrating birds and butterflies must find food and shelter elsewhere. With native grasses in residential landscapes, migrating birds and butterflies are provided with food and shelter. This directly supports the Fort Huachuca Sentinel Landscape program’s mission of protecting wildlife habitat for pollinators and other animals. As you know, the City of Sierra Vista and County of Cochise are partners in this federal government program. Please consider amending the city code to specifically include native grasses in recommended landscaping plants. Sincerely, Karen LeMay

Karen LeMay Founder/President


http://www.pocosouthwest.org/


December 1, 2016 MEMORANDUM TO: Honorable Mayor and City Council THRU: Charles P. Potucek, City Manager Victoria Yarbrough, Assistant City Manager FROM: Emily Scherrer, Library Manager SUBJECT: Request for Agenda Item Placement Resolution 201-014, Appointment of Nandor Felsen

and Karly Scarbrough to the Sierra Vista Library Advisory Commission

Recommendation: The City Manager recommends approval. The Library Manager recommends approval. Initiated by: Sierra Vista Library Advisory Commission Background There are three vacancies on the Library Advisory Commission. Two applications have been received for consideration. The Library Advisory Commission has not met since the August 2017 meeting primarily due to a lack of quorum so it is the recommendation of the Library Manager that the two applicants be approved without the recommendation of the Library Advisory Commission. Budget Appropriations: Not applicable. ES/dlc Attachment

RESOLUTION 2018-014 PAGE ONE OF TWO

RESOLUTION 2018-014

A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SIERRA VISTA, COCHISE COUNTY, ARIZONA; APPOINTING NANDOR FELSEN AND KARLY SCARBROUGH TO THE SIERRA VISTA LIBRARY ADVISORY COMMISSION, SAID TERMS TO EXPIRE DECEMBER 31, 2019; AND AUTHORIZING AND DIRECTING THE CITY MANAGER, CITY CLERK, CITY ATTORNEY OR THEIR DULY AUTHORIZED OFFICERS AND AGENTS TO TAKE ALL STEPS NECESSARY TO CARRY OUT THE PURPOSES AND INTENT OF THIS RESOLUTION.

WHEREAS, the Mayor and City Council have created a Library Advisory Commission for the purpose of advising the Mayor and City Council on matters relating to library services and requirements, and assisting the Leisure and Library Services Director in promoting library services to the public; and WHEREAS, two applications have been received to fill three vacancies, and it is in the best interest of the citizens to have a full complement of Library Advisory Commission members to address the concerns of the library. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SIERRA VISTA, ARIZONA, AS FOLLOWS: SECTION 1 That the City Council policy on term expirations and appointments to boards and commissions when qualified applicants are available is hereby reaffirmed. SECTION 2 The City Council hereby appoints Nandor Felsen and Karly Scarbrough to the Sierra Vista Library Advisory Commission, said terms to expire December 31, 2019. SECTION 3 The City Manager, City Clerk, and City Attorney, or their duly authorized officers and agents, are hereby authorized and directed to take all steps necessary to carry out the purposes and intent of this resolution.

RESOLUTION 2018-014 PAGE TWO OF TWO

PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SIERRA VISTA, ARIZONA, THIS 8th DAY OF FEBRUARY, 2018

__________________________ FREDERICK W. MUELLER Mayor

Approval as to Form: Attest: ______________________ __________________________ NATHAN J. WILLIAMS JILL ADAMS City Attorney City Clerk Prepared by: Emily Scherrer, Library Manager /dlc