Salt River Pima-Maricopa Indian Community

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10005 East Osborn Road

Scottsdale, Arizona 85256

ORDINANCE NUMBER: SRO-467-2015

TO AMEND ZONING ORDINANCE (SRO-74-82) OF THE SALT RIVER PIMA-MARICOPA INDIAN

COMMUNITY BY REPEALING IT IN ITS ENTIRETY AND ADOPTING A REVISED ZONING

ORDINANCE UNDER CHAPTER 25 OF THE SRP-MIC CODE OF ORDINANCES, TO PROMOTE,

PROTECT, AND UPDATE THE COMPREHENSIVE AND ORDERLY PLANNED USE OF LAND

RESOURCES, AND TO IMPLEMENT THE GOALS, POLICIES, AND OBJECTIVES OF THE SALT

RIVER PIMA-MARICOPA INDIAN COMMUNITY GENERAL PLAN

BE IT ENACTED THAT:

The Zoning Ordinance (SRO-74-82) of the Salt River Pima-Maricopa Indian Community, as

codified as an Appendix to the SRP-MIC Code of Ordinances and consented to by the Bureau

of Indian Affairs, Salt River Agency on February 19, 1982 in accordance with 25 USCA §416h,

provides at Section 15.200.A that it may be amended, supplemented, changed, modified or

repealed. Therefore, the Zoning Ordinance (SRO-74-82) is hereby repealed in its entirety,

and a revised Zoning Ordinance, codified in Chapter 25 of the SRP-MIC Code of Ordinances

is hereby adopted in its entirety pursuant to Section 15.200.A of SRO-74-82 and SRP-MIC

Administrative Policy 1-20, as follows:

Table of Contents

Chapter 1

General Provisions and Administration ............................... 1

Article 1.1

General Provisions .................................................................................................... 1

Article 1.2

Administration ............................................................................................................. 4

Chapter 2

Application, Review and Approval Processes ................... 10

Article 2.1

Application for Development ..................................................................................... 11

Article 2.2

Preliminary Application ............................................................................................. 12

Article 2.3

Formal Application .................................................................................................... 13

Article 2.4

Administrative Approval Process .............................................................................. 14

Article 2.5

Community Council Approval Process ...................................................................... 15

Article 2.6

Zoning Ordinance Text Amendments ........................................................................ 16

Article 2.7

Zoning Map Amendments (Rezoning) ....................................................................... 17

Article 2.8

Conditional Use Permits ........................................................................................... 18

Article 2.9

Dimensional Variances ............................................................................................. 19

Article 2.10

Use Variances ........................................................................................................... 20

Article 2.11

Deviation from site improvement standards .............................................................. 21

Article 2.12

Design Review .......................................................................................................... 22

Article 2.13

Approval conditions and decisions ............................................................................ 24

Article 2.14

Transferability of permits / approvals ........................................................................ 25

Article 2.15

Required Analysis and Studies ................................................................................. 25

Article 2.16

Building Permits, Certificates of Occupancy, Certificates of Completion ................... 25

Chapter 3

Zoning Districts ................................................................. 27

Article 3.1

Establishment of Zoning Districts .............................................................................. 27

Article 3.2

General Zoning District Regulations and Standards ................................................. 28

Article 3.3

Administrative Public (AP) Zoning District ................................................................ 35

Article 3.4

Commercial (C1, C2, C3) Zoning Districts ................................................................ 38

Article 3.5

Mixed Business (MB) Zoning District ........................................................................ 41

Article 3.6

Light Industrial (LI) Zoning District ............................................................................ 43

Article 3.7

Agricultural Residential (AR) Zoning District ............................................................. 45

Article 3.8

Natural Resource (NR) Zoning District...................................................................... 47

Article 3.9

Open Space (OS) Zoning District ............................................................................. 48

Chapter 4

Land Uses and Specific Use Standards ............................ 51

Article 4.1

Land Use Table ......................................................................................................... 51

Article 4.2

Specific Use Standards ............................................................................................ 64

Article 4.3

Conditional Use Standards ....................................................................................... 78

Chapter 5

Overlay Districts ............................................................... 81

Article 5.1

General Provisions ................................................................................................... 81

Article 5.2

Planned Development Overlay District (PD) ............................................................. 82

Article 5.3

Floodplain Overlay District “FP” ................................................................................ 84

Article 5.4

Pima Corridor Overlay District .................................................................................. 86

Chapter 6

General Development Standards and Regulations ........... 88

Article 6.1

Applicability .............................................................................................................. 88

Article 6.2

Site planning ............................................................................................................. 88

Article 6.3

Landscaping ............................................................................................................. 88

Article 6.4

Building Design ....................................................................................................... 105

Article 6.5

Parking Requirements and Standards .................................................................... 105

Article 6.6

Outdoor Lighting ..................................................................................................... 126

Article 6.7

Signs ...................................................................................................................... 136

Chapter 7

Supplemental Regulations .............................................. 161

Article 7.1

Wireless Communications Facilities (WCF) ............................................................ 161

Chapter 8

Definitions and Measurements ....................................... 179

Article 8.1

Purpose .................................................................................................................. 179

Article 8.2

Interpretation and Rules of Construction ................................................................ 179

Article 8.3

Measurement and Calculations............................................................................... 180

Article 8.4

Specific Definitions ................................................................................................. 181

Exhibits

....................................................................................... 214

Exhibit A: Official Zoning Map of the SRP-MIC ............................................................................. 214

Chapter 1

General Provisions and Administration

Section 1.1.1

Short Title

This ordinance, including any amendments to this ordinance

and the zoning map, is cited and referred to as the “Zoning

Ordinance of the Salt River Pima-Maricopa Indian

Community” (SRP-MIC), or the “Zoning Ordinance.”

Section 1.1.2

Purpose

The purpose of the Zoning Ordinance is to:

Promote and protect the public health, safety,

convenience, aesthetics and welfare of the Community

members and visitors of the SRP-MIC.

Promote effective and efficient development review and

land use administration.

Provide for the social, physical and economic

advantages resulting from the comprehensive and

orderly planned use of land resources.

Implement the goals, policies and objectives of the

Community’s General Plan and applicable purposes of

development in Code of Ordinances.

Give due consideration to each of the following:

1. The values and aesthetic preferences of the Onk

Akimel O’odham (Pima) and Xalychidom

Piipaash (Maricopa) people.

2. Creating a convenient, attractive and harmonious

Community.

3. Protecting the cultural, historical, natural and

scenic resources.

Relationship to General Plan and

other planning documents

The Zoning Ordinance implements

the goals and policies in the General

Plan and of other adopted land use

plans, policies and planning

documents. However, the Zoning

Ordinance is not subject to

challenge based on any alleged

nonconformity with a planning

document.

The SRP-MIC Design Standards

and Guidelines as amended are

supplemental to this Zoning

Ordinance. They communicate the

intent of the ordinance and are

applied in the design review

process.

Using the Design Standards and

Guidelines in concert with the

Zoning Ordinance in proposed

development is important to meeting

the Community’s expectations of

development. Their purpose is to:

Encourage development uniquely

suited to the context of the SRP-MIC

that reflects the Community’s culture

and design preferences and that

responds to the desert environment.

4. Preserving significant lands.

5. Meeting the current and future needs of the

Community through suitable and efficient use of

land and resources, sensitive site and building

design and the application of sustainable

development principles and best management

practices.

6. Allowing an appropriate level of intensity of

commercial development and maintaining a rural

setting for residents of the Community in the

residential areas.

7. Safety from fire, flood and other dangers.

8. Reducing or preventing congestion in the streets

and providing safe, convenient access.

9. Providing adequate access to sunlight and flow

of air.

Illustrate the Community’s

expectations of development and

the intention of the regulations of the

Zoning Ordinance without being

overly prescriptive.

Motivate building, landscape and

site designers to create highly

integrated solutions where the

results exceed those of simply

meeting the various development

standards individually.

Encourage creative developments

that are visually interesting and

uplifting to experience.

10. Preserving the dark night sky.

11. Avoiding hazards and nuisances to individuals and neighborhoods from inappropriate

location or operation of land uses.

Section 1.1.3

Severability

The provisions of this Zoning Ordinance are severable. If any provision is declared invalid by a court

of competent jurisdiction, the effect of the decision is limited to the provision or provisions that are

expressly stated in the decision to be invalid. The decision does not affect, impair or nullify this

Zoning Ordinance as a whole or any other part thereof.

Section 1.1.4

Jurisdiction, Scope and Applicability

A Except as provided in this ordinance, this ordinance applies to all territory, uses and

improvements within the exterior boundaries of the Community, including all public and private

lands and all uses thereon, and to all structures and buildings over which the Community has

jurisdiction under the constitution and laws of the Community or pursuant to the Community’s

powers.

B No use shall be established or changed, no structure, building or improvement shall be built,

expanded, remodeled, improved, maintained, removed or demolished and no site shall be used,

graded or trenched in any zoning district without prior approval using the appropriate process

described in this ordinance and in conformance with all applicable legal requirements and this

ordinance.

C The Zoning Ordinance does not abrogate, annul, impair or interfere with any lawful action taken,

permit issued, or lawfully vested zoning rights granted by the Community prior to the enactment

of this Zoning Ordinance.

D The Community Development Department (CDD) Director may temporarily waive any or all

provisions of this Zoning Ordinance during an emergency declared by the Community President,

Vice President, or Community Manager. A wildfire, tornado, earthquake, flood, or other similar

situations are examples of an emergency.

Section 1.1.5

Warning and Disclaimer of Liability

Enforcement of, conformance with, or reliance upon this ordinance does not create liability on

the part of the SRP-MIC or any SRP-MIC officer or employee for any damages.

The provisions required by this ordinance and other regulations of the SRP-MIC are considered

reasonable for regulatory purposes. Events and circumstances other than those considered in

any regulations, or that exceed those anticipated, may occur due to man-made or natural

causes.

Reliance upon or conformance with the provisions of this ordinance does not imply that uses or

improvements permitted are free from all dangers and does not exempt the user or installer from

any liabilities.

Section 1.1.6

Legal Nonconforming Land Uses and Improvements

Non-Conforming status. Any situation that constituted a legal, nonconforming situation under a

previously adopted Zoning Ordinance will continue to be a permitted legal nonconforming use or

improvement under this Zoning Ordinance.

Discontinuance of a legal nonconforming use. Whenever a nonconforming use is abandoned

or ceases to exist for a period in excess of six (6) months, as determined by the CDD Director,

any subsequent use of the premises must comply with this ordinance. Payment of taxes, rent or

lease payments shall not constitute continued use.

Expansion limit of a nonconforming use. No person may engage in any activity that causes an

increase in the extent or intensity of a nonconforming use except as follows:

1. A legal nonconforming use may expand up to a total increase of twenty-five (25) percent

above that existing at the time the use became nonconforming. This twenty-five (25)

percent limitation applies to single expansions or expansions made in multiple events,

cumulatively of the gross building floor area, building footprint and outdoor areas such as

storage, sales, display, seating, operation and work areas that existed at the time the use

became nonconforming.

2. All improvements involved in expansion and/or alterations or modifications of existing

improvements shall conform to this ordinance and shall not increase the extent of the

nonconformance.

Damaged nonconforming structures or improvements.

1. Repairs, or reconstruction of damaged nonconforming structures or improvements are

allowed. However, if the structures or improvements are damaged in excess of fifty (50)

percent of current replacement cost, or removed by any means (including an act of God),

the repair, replacement or reconstruction of the structure or improvement shall conform to

this ordinance.

2. The most recent, pre-damage valuation of the structure or improvement and the extent of

damage are based upon estimates of retail replacement costs, including labor and

materials, as provided by qualified contractor(s) and/or qualified expert(s), as approved by

the Zoning Administrator.

Voluntary replacement of nonconforming improvements or expansion of similar

improvements.

1. Nonconforming improvements shall only be replaced, altered or modified in conformance

with this ordinance.

2. When more than twenty-five (25) percent of an individual type of nonconforming

improvement is replaced, altered, or modified, singularly or cumulatively above that

existing at the time it became nonconforming, all nonconforming improvements of similar

type on the site shall be brought into compliance with the development standards required

by this ordinance to the maximum extent possible as determined by the Zoning

Administrator.

The Zoning Administrator may waive part or all of the requirements of this Section if:

1. There are overriding archaeological or historic preservation regulations, requirements or

findings;

2. Compliance would make the remaining improvements impractical for their intended use or

operation; or

3. Compliance would cause expenses that are excessively disproportional to the cost of

required repairs or replacements.

Section 1.1.7

Transition Provisions

Existing Uses and Buildings. Uses and buildings lawfully existing on the effective date of this

zoning ordinance may be continued subject to the provisions of this Article.

Permits Issued Prior to Adoption or Amendment. Nothing contained in this zoning ordinance

or subsequent amendment thereto shall be construed to require any change in the plans,

construction or intended use of any building or structure for which a permit was lawfully issued

prior to the effective date of this zoning ordinance, provided that such construction is commenced

prior to the expiration of such permit. In any case, where a permit expires or ceases to be valid,

or where construction is abandoned for a period of six (6) months or greater, further construction

and use shall conform to the applicable provisions of this zoning ordinance and as amended.

Approved site and master plans. Site and master plans approved prior to the effective date of

this ordinance shall be considered valid.

Plans approved through Design Review. Plans approved through the design review process

prior to the effective date of this ordinance are considered approved for the application for a

construction permit provided a complete application for a building permit is submitted within two

(2) years of the effective date of this ordinance. All applications are subject to the uniform

building and fire codes in effect at the time of application for a construction permit.

Plans submitted for Design Review. Applicants with a complete application submitted for

design review or who submit a complete application for design review before the effective date of

this ordinance may choose to have the plans governed by the provisions of SRO-74-82 in their

entirety or to have the plans governed by the provisions of this ordinance in its entirety.

Section 1.2.1

Purpose, Duties and Powers

This Article sets forth the purposes, duties, organization and powers of the Community Council,

Boards, Commissions, Panels, Committees, Officers and others as they relate to the responsibilities

of administering and enforcing this Zoning Ordinance.

Section 1.2.2

Community Council

The Community Council will:

Hold public hearings, and approve, approve with conditions, or deny the following applications,

requests and appeals:

1. Zoning Ordinance Text Amendments.

2. Zoning Map Amendments.

3. Conditional Use Permits.

4. Variances (Dimensional and Use).

5. Appeals.

Establish application fees and minimum and maximum penalties for violations, and

Carry out other duties or powers related to land use as stated elsewhere in this Zoning

Ordinance or under applicable federal or Community law.

Section 1.2.3

Land Management Board

The Land Management Board, created in the SRP-MIC Code of Ordinances, holds public hearings

and makes recommendations to the Community Council regarding approval, approval with conditions,

or denial of the following applications:

Zoning Ordinance Text Amendments at the request of the Community Council.

Zoning Map Amendments.

Conditional Use Permits.

Variances (Dimensional and Use).

Section 1.2.4

Design Review Panel

Creation. The SRP-MIC Council may create a Design Review Panel to review and approve

design review applications not eligible for the administrative process in Article 2.4.

Purpose. The purpose of the Design Review Panel is to review the qualitative and culturally

relevant aspects of proposed development projects for consistency with the Community’s designrelated goals, policies and regulations as stated in the General Plan, Zoning Ordinance, SRPMIC Design Standards and Guidelines, and other relevant regulatory or policy documents and to

encourage high quality development that reflects the Community’s culture.

Duties and Powers.

Review, approve, approve with modifications and/or conditions, or deny Design Review

applications.

2. Require site and/or infrastructure improvements as a condition of approval as necessary.

Advise departments, elected, and appointed bodies on matters related to Community

design.

Make recommendations to the Zoning Administrator and/or the Community Council for

revisions and modifications to SRP-MIC Design Standards and Guidelines, development

standards and/or related administrative procedures.

5. The Design Review Panel’s focus is design quality; it has no authority to approve variances

from development standards and its approval does not ensure compliance with ordinance

requirements.

Design Review Panel Scope and Purview.

1. Architecture

The design aspects

considered by the Design

Review Panel and the

Community’s expectations of

development are illustrated in

the SRP-MIC Design

Standards and Guidelines.

2. Site Plan

3. Pedestrian and vehicular circulation

4. Landscape and hardscape

5. Contextual relationships

6. Cultural Sensitivity/Responsiveness

7. Design response to the desert environment

8. Aesthetics of grading and drainage facilities, incorporation into the site design and

application of low impact principles.

9. Signs

10. Phasing of improvements

11. View preservation.

Organization.

1. The Design Review Panel members are appointed by and serve at the discretion of the

CDD Director.

2. The composition of the panel includes:

a. Community members.

b. Panel members who are knowledgeable about the community’s culture and/or have a

design or development trade background, such as a professional architect, engineer, or

landscape architect.

3. Representatives from the various divisions/departments, whose role is to provide advice

and knowledge to support the Design Review Panel, may participate in an advisory

capacity in the Design Review Panel meeting. These may include, but are not limited to,

persons with expertise in:

a. The Community’s culture

b. The environment

c. Design

d. Building and construction

e. Landscaping

4. The Zoning Administrator serves as staff for, and acts in an advisory capacity to, the

Design Review Panel.

Meetings. The Design Review Panel shall meet on an as-needed basis, as called by the CDD

Director.

Proceedings. The CDD Director may create procedures and protocols for the Design Review

Panel.

Section 1.2.5

Community Development Department (CDD) Director

For the purposes of this Zoning Ordinance, the CDD Director is authorized to:

Administer, carry out and enforce the Zoning Ordinance.

Promulgate, issue, and enforce rules, policies, procedures, standards, and guidelines needed or

appropriate to implement and enforce this ordinance.

Determine and establish requirements for the application processes in this ordinance.

Make recommendations to the Land Management Board and Community Council on applications

requiring Community Council approval.

Make recommendations to the Community Council regarding the content of this ordinance.

Waive specified provisions of this ordinance in times of emergency.

Approve, as specified in this ordinance, modification to plans and conditions of approval

established by the Community Council.

Establish and appoint members of committees, advisory groups, and panels related to the

administration and maintenance of this ordinance except where otherwise vested in the

Community Council

Appoint a Zoning Administrator and Code Enforcement Officer(s) and act in their absence.

Interpret the meaning and intent of the General Plan.

Carry out other duties and powers specifically stated in this ordinance related to its

administration, regulation, enforcement and processes.

Section 1.2.6

Zoning Administrator

The position of Zoning Administrator is created by this ordinance. The Zoning Administrator has the

duties and powers to administer this ordinance that are listed in this Section and as otherwise

described in this ordinance.

Determine whether a development proposal is consistent with the General Plan goals, policies

and land use map.

Interpret the meaning and intent of the Zoning Ordinance and of any overlay district established

in this ordinance.

Determine the appropriate review and approval process for land use and development

applications, the adequacy of information provided with applications, and require additional

information needed for adequate review of proposed projects.

Determine the appropriate zoning district, specific use standards and required approval process

for any land use not listed in the Land Use Table 4.1 in Chapter 4 in this ordinance.

Review and approve, approve with conditions, or deny development applications eligible for the

administrative review process, including, but not limited to:

1. Design Review applications and revisions to projects approved by the Design Review

Panel.

2. Permit applications for signs and applications for comprehensive sign plans.

3. Construction plans in the plan review and construction permit process for conformance

with this ordinance, prior approvals and conditions of approval.

4. Modifications to conditions of approval related to approved development plans and

comprehensive sign plans.

5. Modifications to planned development districts as described in this ordinance.

6. Variances to dimensional standards or deviations from development standards as

specifically permitted in this ordinance.

7. Special Use Permits.

Require, as part of an application approval, agreements or exactions as necessary for efficient

and coordinated development, and/or additional requirements such as infrastructure

improvements, dedicated easements for supporting infrastructure, roads and cross access.

Section 1.2.7

Code Enforcement Officer

The position of Code Enforcement Officer is created by this ordinance for the purpose of enforcing

this ordinance and any conditions of an approved permit or application, and has the duties and

powers listed below:

Enter and inspect properties for compliance with this ordinance.

Notify responsible persons when a violation exists through notices of violation and the

establishment of reasonable timeframes for remedying such violations.

Confirm satisfactory implementation of the required remedies.

Issue citations imposing penalties for violations that are not remedied in the timeframe provided

in the related notice of violation.

Other duties as established by this ordinance or as delegated by the CDD Director related to

regulation and enforcement of this ordinance.

Section 1.2.8

Enforcement, Violations and Penalties

Violations. It is a civil violation for any person to violate any the provisions of this ordinance

including but not limited to:

1. Construct, erect, install, alter, change, maintain, or use any dwelling, building, structure,

sign, outdoor lighting, landscape area, parking lot, or open space, or to use or permit the

use of any land contrary to this Zoning Ordinance;

2. Fail to comply with approved plans, stipulations and conditions of approval imposed at the

time of approval of any zoning permit or application;

3. Interfere with or attempt to prevent the enforcement of this ordinance, or violate or fail to

comply with any provision of this ordinance, any rule, regulation, order, directive,

certificate, license or permit issued pursuant to this ordinance.

Enforcement. The Code Enforcement Officer shall enforce this Zoning Ordinance.

1. Upon finding that a violation of this ordinance exists, the Code Enforcement Officer will

carry out the duties of enforcing the Zoning Ordinance as described below:

a. Notice of Violation.

1). A notice of violation shall be served upon the responsible person by hand-delivery or

certified mail to the person’s last known address, or by personal service upon the person.

Notice is deemed served upon delivery of certified mail Service shall be deemed complete

five (5) calendar days after mailing or upon personal service.

2). The notice shall:

a). Identify the location of the violation.

b). Identify the Section(s) of the Zoning Ordinance violated and any action required to

remedy the violation.

c). State a reasonable date and time to resolve all violations and to complete required

remedial actions, taking into account relevant information, conditions, and concerns

related to the violation.

d). Provide contact information for the Code Enforcement Officer.

e). State that if the violation is not remedied within the time period stated in the notice that

the person will be fined for each day the violation persists and that, if the fine is not paid

or the violation remedied, the person may be charged with a civil offense.

f). State the minimum and maximum penalties that can be levied for each day the violation

continues beyond the time permitted for remedial actions.

g). Require the responsible person to immediately notify the Code Enforcement Officer

when the violation has been completely remedied.

No remediation shall be deemed complete until verified by the Code Enforcement Officer.

c. The Code Enforcement Officer is authorized to grant extensions of the date and time for any

remediation required pursuant to this Section upon good cause shown. Any extension

issued pursuant to this subsection must be made in writing and served upon the cited

person in the same manner as a Notice of Violation.

Citation. If the violation is not remedied or otherwise resolved by the date and time stated in the

notice of violation, or any extension thereof:

1. The Code Enforcement Officer shall serve by certified mail addressed to the person liable

at the last known address or in person, a citation on the responsible person. Service shall

be as provided in subsection B of this Section. The citation shall:

a. Reference the notice of violation, the location of the violation and the Section(s) of the

ordinance violated.

b. Assess a fine for the violation for each calendar day the violation has existed after the date

the violation was to be remedied as stated in the notice of violation. The fine shall be based

on the circumstances as determined by the CDD Director and shall not be less than the

minimum nor more than the maximum penalty permitted per day.

c. Require the responsible person to cease any action, activity or business operation that is

directly related to the citation upon receipt of the citation for such time as reasonably

determined by the Code Enforcement Officer.

d. Be issued regardless of whether or not an appeal has been filed of the Notice of Violation, if

the violation exists after the date the violation was to be remedied.

2. Additional citations may be issued levying additional fines for each day the violation exists

beyond the date of any previously-issued citation.

Appeals. The recipient of a notice of violation or citation may appeal the notice or citation as

follows:

1. An appeal shall be made, in writing, within five (5) business days after service of the notice

of violation or citation specifically stating the reasons for the appeal to the SRP-MIC

Council and requesting a meeting to discuss the issues.

2. Within thirty (30) calendar days of receiving an appeal, the Community Council shall

schedule and hold a meeting to discuss the appeal and make a final determination on the

appeal.

3. Upon completion of the appeal meeting, the Community Council’s decision shall be final.

4. Filing of an appeal does not suspend the calendar days counted during which the violation

exists.

a. Fines shall accrue until the violation is remedied, or security acceptable to the Community is

posted.

b. If the violation is remedied during the appeal process, the person liable shall notify the Code

Enforcement Officer. The Code Enforcement Officer shall verify acceptable completion of

the remedy. The person liable shall be responsible for any fines accrued.

Payment.

1. The person cited shall deliver or mail the citation with full payment to the SRP-MIC, as

indicated on the citation, to the SRP-MIC Finance Department.

2. Payment must be delivered or received by mail by the SRP-MIC Finance Department

within ten (10) calendar days after service of the citation.

3. If the fine is not paid, and/or the violation is not remedied, the matter may be referred to

the Community’s Office of General Council for judicial enforcement in Community Court.

Judicial enforcement.

1. The Community Court shall have jurisdiction over all causes of action alleging or enforcing

violations of the Zoning Ordinance.

2. Any person who violates any provision of the Zoning Ordinance shall be guilty of a civil

offense and shall be subject to a civil fine of not less than one hundred dollars ($100.00)

and not more than five thousand dollars ($5,000.00) per violation, in addition to any other

legal remedies that may be available by law.

3. Any person who fails to procure any permit required by the Zoning Ordinance or who fails

to abide by the terms of any such permit shall be guilty of a civil offense and upon

conviction shall be subject to a civil fine not exceeding five thousand dollars ($5,000.00)

per violation in addition to other legal remedies as may be available by law.

4. Recovery of costs: In addition to any fine(s) imposed, the Community may recover any

costs incurred by the Community in order to enforce any provision of this ordinance or to

remedy any violation of this ordinance.

5. Civil action processes do not suspend the calendar days counted during which the violation

exists.

a. Fines shall accrue until the violation is remedied, including during the pending of any civil

action.

b. If the violation is remedied during the civil action process, the Code Enforcement Officer

shall verify acceptable completion of the remedy and the date such remedy was completed.

c. Completion of a remedy may not dismiss any fines due or obligation to reimburse the

Community for enforcement costs.

6. The Community reserves the right to initiate civil remedies at any time.

Abatement. When any violation of this ordinance constitutes an immediate danger to the public

health, safety or general welfare of the Community, Community officials may take such actions as

they deem necessary to remove the danger from the property. The Community shall be entitled

to recover all reasonable costs from the responsible person(s) related to any abatement action.

H Future approvals or permits. Payment of all outstanding fines and penalties shall be required

prior to the issuance of any approvals or permits to a premises, person or business required by

this ordinance or by the building code against which there exists an outstanding fine or penalty.

Chapter 2

Application, Review and Approval Processes

The purpose of this Chapter is to establish the required application, review and approval processes

and procedures related to this ordinance. The timeframes provided for the various processes are

approximate and actual processing times may vary from those stated.

This sketch illustrates the application, review and decision processes addressed in this

Chapter.

Upon a decision of approval through the required zoning approvals, construction plans may be submitted

for a building permit.

Section 2.1.1

Application Approval Required

A. No use shall be established, operated or changed; no structure shall be built, expanded, or

remodeled; and no site improvements shall be made or modified upon land in any zoning district

except in conformance with this ordinance and with prior approval through the applicable

application and approval process in this Chapter.

B. When applications or approvals affect the land use and require land owner approval, such

approval shall be the number of allotted landowners that meet or exceed the ILCA Applicable

Percentage as defined in 25 U.S.C. § 2218 (a section in the Indian Land Consolidation Act), as

may be amended.

Section 2.1.2

Application Withdrawal

A. An applicant may withdraw an application at any time by providing a written request to the CDD

Director. Application fees may be refunded if no staff reviews have been conducted on the

application.

B. An application in the review process that requires an action by the applicant that has not been

completed or is inactive for a period of one year shall be considered withdrawn and a new

application and application fee are required to reinitiate the application and review process.

Section 2.1.3

Reapplying

A. The holder of an expired permit/approval may reapply for a new permit/approval at any time as an

entirely new complete application.

B. If an application is denied, an application that is substantially the same project or request may not

be re-submitted for a period of one (1) year from the date the initial application was denied.

Section 2.1.4

Failure to fulfill previous conditions or comply with ordinance.

The decision-making body may require a subject property and improvements thereon to be in

compliance with conditions or requirements of previous approvals and with the provisions of this

ordinance, prior to any review of or action on an application pertaining to the same subject property.

Section 2.1.5

Revocation, suspension or termination of permits/approvals

Notwithstanding the enforcement provisions of this Ordinance, or any other authority by which an

approval or permit issued by the SRP-MIC may be suspended, revoked or terminated, permits or

approvals issued through any process in this ordinance may be suspended, revoked or terminated by

the official or decision-making body that granted the approval or permit as described below:

The CDD Director shall notify the approval or permit holder in writing of pending suspension,

revocation, or termination of the approval or permit in person or by certified mail not less than

seven (7) calendar days prior to the decision to revoke the approval or permit.

The notice shall state:

1. The reason for the suspension, revocation, or termination.

2. Any actions that would stay the suspension, revocation, or termination and a date by which

such action must be completed.

3. The date, time, and location that a meeting will be held to consider the suspension, revocation,

or termination.

The approval or permit holder may request a meeting with the CDD Director to review the reasons

for the suspension, revocation, or termination, to discuss options, and may enter into a settlement

agreement.

The meeting to suspend, revoke, or terminate the approval or permit shall be held by the same

official or SRP-MIC body that granted approval or the permit through the same process by which

the approval or permit was granted.

The approval or permit holder may present at the meeting(s) any evidence why the approval or

permit should not be suspended, revoked, or terminated.

The decision of the official or the SRP-MIC body shall be final.

Section 2.2.1

Purpose

The purpose of the preliminary application is to:

A. Provide the applicant an opportunity to present and familiarize Community staff with the details of

the subject development or request.

B. Provide the applicant information about the current SRP-MIC codes, regulations, processes,

policies and guidelines pertinent to the application.

C. Provide the applicant information with applicable review and approval processes.

D. Provide the applicant preliminary written comments, based on review of the information provided,

to assist the applicant in preparing the formal application.

Section 2.2.2

Applicability

A. All land use and development proposals that require a permit, and/or that require approval by this

Ordinance, require a preliminary application.

B. Single family homes and related structures are exempt from this process.

C. The Zoning Administrator may waive the preliminary application process requirement when the

purpose of the review is otherwise satisfied.

Section 2.2.3

Process Initiation

The applicant initiates the process by submitting a complete application(s) on the application forms

provided by the Community Development Department or the Engineering and Construction Services

Department in the format described in the application and accompanied by proof of payment of

required fees.

Section 2.2.4

Preliminary Application Process

A. After reviewing the information provided by the

applicant, the CDD staff and other SRP-MIC

reviewing divisions or departments will prepare

comments on the information submitted as it relates

to Community legal requirements, additional

information or studies needed and other relevant

information.

B. The CDD staff will complete the review within

approximately thirty (30) business days from the time

of receipt of a complete preliminary application.

Statements and representations of

staff and the applicant during the

preliminary application process are

informal only and not conclusive or

binding on either party.

The conclusion of the preliminary

review does not preclude

subsequent discussions between the

CDD staff and the applicant prior to

the formal application.

C. Preliminary Review Meeting: The CDD staff will notify

and meet with the applicant and/or the applicant’s

representatives upon completion of the review of the

information submitted and will provide comments

prepared by the CDD staff and other departments and divisions and will answer questions about

SRP-MIC requirements and processes.

D. The preliminary review meeting concludes the preliminary review process.

E. The Zoning Administrator will determine the application and approval processes required upon

completion of the preliminary review.

Section 2.3.1

Submittal of a Complete Application

A. A complete application shall be submitted to initiate the formal application process.

B. A complete application:

1. Contains all required information on the application in the format described on the application.

2. Responds to the preliminary review comments.

3. Includes all additional information requested.

4. Is accompanied by complete applications for any additional requested or known required

permits or known variances.

5. Includes proof of payment of required fees.

6. When a proposal requires more than one type of application, such as zoning amendment,

variance and/or conditional use permit, the Zoning Administrator may require that all the

applications be submitted together and processed concurrently.

Section 2.3.2

Formal Review

A. After receiving a complete formal application, CDD staff will review the information provided and

prepare written comments identifying any issues related to development proposal and additional

information or studies submitted.

B. The CDD staff may require the applicant to submit modifications, corrections, clarifying

documents or additional information as part of the formal review process, including third-party

studies prepared by professionals qualified to address all or portions of an application, to

supplement information provided by the applicant.

C. The CDD Director may obtain third-party review and consultation of all or portions of an

application to supplement staff review. The third-party review shall be funded by the applicant and

prepared by qualified professionals in the fields of planning, engineering, economics, or as

deemed appropriate to the circumstances of the application. The third party selection is

determined by mutual consent of the applicant and the CDD Director.

D. The CDD staff will complete the formal review and will notify the applicant within approximately

thirty (30) business days from the date of receipt of a complete formal application. Subsequent

reviews, if required, will be completed by the CDD staff in approximately fifteen (15) business

days from the date of receipt. Review timeframes are approximate and may be extended

depending on the complexity of the project.

E. The applicant will be notified and provided any comments upon completion of the review.

Section 2.4.1

Eligibility

A. Applications that may be eligible for administrative approval as

determined by the Zoning Administrator include:

1. Applications requiring design review per Section 2.12.1 that:

a. Are small in scale and have minimal impact on the

Community character.

b. Conform to the applicable zoning district and overlay

district development standards and the intent of the SRPMIC Design Standards and Guidelines.

c. Have no adverse impacts on adjacent properties and are

not detrimental to the Community’s health, safety or

welfare.

2. Modifications to approved development plans.

3. Dimensional variances that represent a fifteen (15) percent or

smaller variation from a development standard.

Administrative Approval

1. Preliminary Review and

determination of eligibility

2. Formal Application

and CDD Review

3. Zoning Administrator’s

Decision

Larger dimensional and all

non-dimensional variance

applications require

Community Council

approval through the public

hearing process.

4. Dimensional variances in the A/P zoning district that represent a twenty (20) percent or smaller

variation from a development standard.

5. Modifications to conditions of an administrative or Design Review Panel approval that do not

change the basic intent of the original approval and do not substantially change the character

or impacts of the development.

6. Deviations from a development standard as permitted in Article 2.11.

B. The applicant may elect to have the application processed through the Design Review Panel or

Community Council as applicable in lieu of the administrative approval process.

Section 2.4.2

Application and Review

Applications eligible for administrative approval shall be considered by the Zoning Administrator and

staff of applicable SRP-MIC departments after the preliminary application and formal application

processes described in Articles 2.2 and 2.3.

Section 2.4.3

Decision

A. The Zoning Administrator may approve, approve with conditions or deny the application, providing

notice of the administrative decision in writing to the applicant within ten (10) business days.

Review timeframes are approximate and may be extended depending on the complexity of the

project.

B. The decision is based upon the same findings, criteria, considerations and applicable regulations

that would be applied to the same type of application not eligible for Administrative Review.

C. The Zoning Administrator may require the applicant to submit plans or documents reflecting any

conditions of approval before submittal of applications for building or other permits.

Applications requiring approval by the Community Council

shall be determined after the preliminary application and

formal application review processes described in Articles 2.2

and 2.3 and the public hearing process by the Land

Management Board and Community Council as described in

this Article.

Section 2.5.1

Public Hearing Notification

A. Public notice as described in this section shall precede public

hearings by the Land Management Board and Community

Council. Public hearing notices shall contain:

Community Council Approval

1. Preliminary Review

2. Formal Application and

Review

3. Public Notice

4. Land Management Board

Public Hearing

5. Public Notice

6. Community Council

Public Hearing

7. Council Decision

1. The name of the applicant or owner.

2. A description of the subject property location.

3. A description of the proposed request.

4. The designation of the hearing body.

5. The time, date and place of the hearing.

6. Applicant and Community staffs contact information.

B. Notification Delivery - minimum requirements: Notice of the hearing mailed or delivered in person

at least seven (7) calendar days prior to the date of the initial hearing to:

1. The applicant.

2. The landowners and all authorized spokespersons of the allottee landowners of the land

that is the subject of the application.

3. The allottee landowners of record of land within one-half (1/2) mile radius of the site that is

the subject of the application or the authorized spokesperson for such landowners.

C. The CDD Director shall be responsible for providing notification of the Land Management Board

hearing.

When multiple applications are under review for the same project, the Community may combine

the public notice for the various applications.

Notice in addition those listed in this Section may be provided at the discretion of the CDD

Director.

F. The Community Council, Land Management Board, Design Review Board or the CDD Director

may require additional Community input through neighborhood or district meetings prior to acting

on the application. The applicant will be notified prior to the date of the neighborhood meeting.

G. When more than six (6) months have passed since the most recent hearing, public notification

shall be provided before any new public hearing.

Section 2.5.2

Land Management Board (LMB) Public Hearing

A. Applications requiring Community Council approval shall be reviewed by the LMB at a public

hearing prior to the public hearing by the Community Council, unless otherwise waived pursuant

to Chapter 17 Sec.17-5 and 17-5, as may be amended.

B. Upon completion of the preliminary and formal application review processes, the CDD staff shall

forward the application staff report and related submitted information to the LMB.

C. Within fifteen (15) calendar days from the time the application is transmitted to the LMB, the LMB

shall hold a public hearing at which the applicant shall present the proposal and address any

questions.

D. Questions and comments related to the application may be made in person or in writing to the

LMB.

E. At the public hearing the LMB may continue the application to a future date to review or obtain

additional information.

F. The LMB shall consider the same findings to be considered by the Community Council applicable

to the application.

G. After the conclusion of the public hearing the LMB shall:

1. Within five (5) business days, make its recommendation to approve, approve with conditions or

revisions, or deny the application, and forward a statement of its recommendations to the CDD

Director, the Community Council, and the applicant.

2. Within twelve (12) business days, forward a report containing information supporting the

recommendation to the Council, the CDD Director, and the applicant.

Section 2.5.3

Community Council Public Hearing

A. Within twenty (20) business days after the receipt by the Community Council of the report of the

LMB, the application shall be placed on an available date of a regular Community Council agenda

for a public hearing, allowing adequate time for preparation of required documents, legal review

and public notice.

B. The Community Council may, at its discretion, approve, approve with conditions or revisions, or

deny the application, or may continue the application to a future date or set a meeting date at

which it will make its decision.

C. Notice of Decision.

1. The Community Council will provide written notice of its decision to the applicant within ten

(10) business days after the decision.

2. The notice of decision shall contain a brief summary of the decision and any conditions of

approval.

D. Decisions of the Community Council are final.

The Community Council, may amend, supplement, modify or repeal provisions of the Zoning

Ordinance text (referred to herein as a “text amendment”) pursuant to applicable SRP-MIC ordinance

adoption policy.

Section 2.6.1

Review Process

Text amendments to this Zoning Ordinance are processed in the same manner as amendments to the

Community Code of Ordinances.

In reviewing and approving text amendments, the Community Council may consider, among other

factors:

 The best interest, health, comfort, convenience, safety and general welfare of the Community.

 The purpose and intent of this ordinance as a whole and of the specific portion being amended.

 Consistency with the policies and goals of the General Plan or the Code of Ordinances.

 General benefits afforded to the Community.

 A change in facts since the ordinance was adopted, mistakes or oversights.

 Changes in technology that have occurred since the adoption of the ordinance.

 Changes in the character of an area or to changes in the public interest.

 Providing a Community need not anticipated or that has become apparent.

 Increasing the compatibility of adjacent land uses.

 Encouraging or facilitating a different type of development deemed appropriate for an area.

 Managing growth, either to stimulate or reduce growth in areas as appropriate to the Community’s

needs and goals.

 Justifications for or against the proposed amendment presented by the applicant, proponents or

dissenters.

A. The Official Zoning Map may be amended from time to time to

meet the needs of the Community through the adoption of an

ordinance by the Community Council.

Zoning Map Amendment

1. Preliminary Review

B. Applications for zoning map amendments initiated by or on

behalf of the landowners require consent from the landowners

of the subject property in accordance with the Indian Land

Consolidation Act (ILCA) unless the application is initiated by

the CDD Director, Land Management Board, or the

Community Council.

2. Formal Application and

Review

Section 2.7.2

6. Community Council

Public Hearing

Review Process

Applications to amend the Zoning Map are processed following

the preliminary application and formal application processes

described in Articles 2.2, 2.3 and 2.5.

Section 2.7.3

3. Public Notice

4. Land Management Board

Public Hearing

5. Public Notice

7. Council Decision

Effect of Zoning Map Amendment

A. A zoning map amendment changes the zoning designation of a property, includes or excludes a

property from an overlay district, or establishes a planned development district.

B. Uses and improvements within the affected area that do not conform to the permitted uses or

applicable development standards become legal non-conforming.

C. Existing illegal nonconforming development within the affected area remains illegal unless

specifically addressed by the amendment.

Conditional Use Permit

1. Preliminary Review

Section 2.8.1

2. Formal Application and

Review

Applicability

This Article applies to uses that require a conditional use

permit approved by the Community Council.

Section 2.8.2

Review Process

3. Public Notice

4. Land Management Board

Public Hearing

5. Public Notice

A. Applications for a conditional use permit are made following

the application processes described in Articles 2.2, 2.3 and

2.5.

6. Community Council

Public Hearing

7. Council Decision

B. Applications for conditional use permits require applicable

consents from the landowners of the subject property in

accordance with the Indian Land Consolidation Act (ILCA), unless the applicant has written

authorization from the landowners to make such applications.

Uses that require a conditional use permit may not be appropriate in all locations within the applicable

zoning district and may require more detailed consideration.

Examples of conditions of approval include:

 Requiring development improvements in excess of the minimums such as screening or buffering.

 Modifying site configurations such as building setbacks, location of parking, buildings, service

areas, outdoor activity areas, vehicle circulation and access points, and architecture.

 Limiting building height, size or scale.

 Reducing the height and/or intensity of lighting or the size or type of signage.

 Limiting the hours, days, and/or manner of operation.

 Conditional Use Permits are valid only for the subject use and location.

Section 2.8.3

Findings

A. The Community Council may approve a conditional use permit if it finds that:

1. The use in the proposed location is not detrimental to the public health, safety or welfare of the

Community. Examples of detriment include elevated risk for hazard, nuisance or damage by

explosion, fire, smoke, dust, odor, contamination, or vibration.

2. The type and characteristics of the use are reasonably compatible with the uses existing or

planned in the immediate surrounding area. Examples of compatibility considerations include

scale, architecture, intensity, sound levels, volume and character of traffic, appearance, hours

of operation and potential adverse impacts.

3. Adequate infrastructure to serve the use exists in the proposed location, or the applicant can

demonstrate that adequate infrastructure will be provided or addressed by an acceptable

means. Examples of infrastructure include adequate street capacity or traffic control, water and

sewer lines, and public safety service.

4. The use in the proposed location is consistent with the goals and policies of the General Plan.

B. The applicant has the burden of proving the findings in sub-section A above.

Section 2.8.4

Conditions of Approval

A. A conditional use permit is subject to specific conditions the Community Council may establish to

carry out the provisions and intent of this Zoning Ordinance and to ensure compatibility with

adjacent land uses.

B. A conditional use may not be modified, changed, altered or increased in intensity unless

specifically approved by the Zoning Administrator or Community Council through the approval

processes in Articles 2.2, 2.3 and 2.5.

Section 2.9.1

Applicability

A. All development that varies from the dimensional standards of this ordinance requires prior

approval through the processes described in this Article, except as specifically provided

elsewhere in this ordinance.

B. Applications for dimensional variances must include applicable

consents from the landowners of the subject property in

accordance with the Indian Land Consolidation Act (ILCA), unless

the applicant has written authorization by the landowners to make

such applications.

Section 2.9.2

Variance - Administrative

1. Preliminary Review

2. Formal Application

and CDD Review

3. Zoning Administrator’s

Decision

Review Process

A. Dimensional variances from the standards of this ordinance are

eligible for administrative approval in accordance with Section

2.4.1 and may be approved by the Zoning Administrator per

Article 2.4.

B. Dimensional variances from the standards of this ordinance not

eligible for administrative approval require approval by the

Community Council through the application processes described

in Articles 2.2, 2.3 and 2.5.

Variance - Council Approval

1. Preliminary Review

2. Formal Application and

Review

3. Public Notice

4. Land Management Board

Public Hearing

5. Public Notice

Section 2.9.3

5. Community Council

Public Hearing

Findings

6. Council Decision

A. A dimensional variance may be permitted upon the approving

authority’s finding:

1. There are exceptional or extraordinary circumstances or conditions unique to the property

involved or to the intended use of the property.

Dimensional variances

2. Such variance is necessary for the preservation and enjoyment

permit specific

of a substantial property right of the applicant, which right is

development on the

possessed by other property owners under like conditions in

subject property to vary

the same zoning district.

from the applicable

3. The variance is not detrimental to the public welfare or injurious

development standards

to the use or improvements of adjacent properties, and will not

to the extent specified in

adversely alter the character of the surrounding area.

the approval.

4. The reason for the variance claimed by the applicant is not selfinflicted or caused by an act or omission of the person in control of the property.

5. The variance is the minimum required to overcome unique circumstances or preservation of a

property right.

6. Adequate infrastructure to serve the use exists in the proposed location, or the applicant can

demonstrate that adequate infrastructure will be provided or addressed by an acceptable

means.

7. The variance is not contrary to the goals or objectives of the Community’s General Plan.

B. The applicant has the burden of proving the findings in subsection A above.

Section 2.9.4

Conditions of Approval

A dimensional variance is subject to any conditions the Zoning Administrator or Community

Council may establish to carry out the provisions and intent of this Zoning Ordinance and to

ensure compatibility with adjacent land uses and may be subject to a specified use, time limit or

occurrence of a specific condition.

Use Variance

1. Preliminary Review

Section 2.10.1 Applicability

A. A specific use that is not listed as allowed, allowed with

conditions, or allowed with a conditional use permit in a

particular zoning district may be allowed through a use

variance. The purpose of a use variance is to address a

specific type of use at one specific location. It is not a

substitute for rezoning.

B. Application for a use variance must include applicable

consents from the landowners of the subject property in

accordance with the Indian Land Consolidation Act (ILCA),

unless the applicant has lawful authorization from the

landowners to make such application.

Section 2.10.2 Review Process

Use Variances are approved by the

Community Council following the

processes described in Articles 2.2,

2.3 and 2.5.

In addition to the public notice

requirements in Section 2.5.1

notification of the hearing will

include:

1. Within C-2, C-3, MB, LI, or NR

zoning districts, adjacent

master lease holders within

three-hundred (300) feet of

the parcel where the use

variance will be located; and

2. Within AR, C-1 or OS zoning

districts home site and

business owners within one

half (½) mile of the parcel

where the use variance will be

located.

2. Formal Application and

Review

3. Public Notice

4. Land Management Board

Public Hearing

5. Public Notice

6. Community Council

Public Hearing

7. Council Decision

 A Use Variance permits development of a particular

use that is otherwise not allowed, allowed with

conditions or with a Conditional Use Permit, to occur

on the subject property in conformance with any

related plans, conditions of approval, regulations of

the zoning district, applicable overlay districts, and

applicable development standards.

 A Use Variance does not otherwise rezone the

property.

 The granting of a use variance within any zoning

district does not change the list of land uses

permitted in that district and does not apply to any

other location.

Applicants for a use variance must address any

adverse impacts the use may have on the surrounding

area, such as:

 Nuisance arising from noise, smoke, odor, dust,

vibration, light trespass, glare or electromagnetic

static.

 Hazards to persons and property from possible

explosion, contamination or fire.

 Volume, type or character of traffic unusual for the

area.

 Visual impacts.

Section 2.10.3 Findings

A. A Use Variance may be permitted upon the Community Council finding:

1. The characteristics of the proposed use, its scale, intensity, architecture, appearance and

hours of operation are compatible with the uses existing or permitted in the surrounding area.

2. The proposed use is not detrimental to the public health, safety or welfare of surrounding areas

or injurious to the existing or future allowable uses or improvements of adjacent properties in

the zoning district.

3. The Community would derive greater benefit from the use in the proposed location than it

would if the use were located in an existing zoning district in which it is allowed.

4. Adequate infrastructure to serve the use exists in the proposed location, or the applicant can

demonstrate that adequate infrastructure will be provided or addressed by an acceptable

means.

5. Any adverse impacts of the proposed use on surrounding properties will be adequately

mitigated in a way that will not require a burdensome or extraordinary level of enforcement or

monitoring.

B. The applicant has the burden of proving the findings in subsection A above.

Section 2.10.4 Conditions of Approval

A. A use variance is valid and operable only for the specific use as granted and is subject to any

conditions deemed necessary to ensure that the findings and any other concerns related to the

proposal are satisfactorily addressed.

B. A use approved by a use variance may not be changed, altered or increased in intensity except

as specifically approved by the Community Council through the approval processes in Articles 2.3

and 2.5.

C. A use variance expires if the use granted is not established within one (1) year after approval or,

once established, is abandoned or discontinued for a period of at least one (1) year.

D. A use variance is not transferable to another property but is transferable to subsequent users

unless otherwise limited by a condition of approval.

The purpose of this Article is to provide flexibility in how the intent

of the development standards are met, to accommodate temporary

uses, or to reduce unnecessary hardships or address practical

difficulties for non-profit, religious or other Community

organizations whose primary purpose is to provide services to

Community members.

Deviation from Standards

1.Formal Application

and CDD Review

2. Zoning Administrator’s

Decision

Section 2.11.1 Applicability

Deviation from the minimum standards required for site improvements in Chapter 6 of this Ordinance

may be permitted for uses in the AR Agricultural/Residential and

AP Administrative/Public zoning districts.

Examples of allowable

deviations include:

Section 2.11.2 Review Process

A. Requests for deviation(s) are handled through the

administrative approval process in Article 2.4.

B. Alternatively, a variance application may be processed through

Articles 2.5 and 2.9.

 Variation from the

minimum size (not the

number) of plant materials.

 Use of alternative road or

parking area surfacing

materials.

Section 2.11.3 Findings

Notwithstanding Section 2.4.1. C, deviations from minimum standards for site improvements may be

approved upon the Zoning Administrator finding:

A. The deviation does not involve a variance to zoning district development standards in Chapter 3,

such as building height, building setback, floor area ratio, and other dimensional standards of

particular zoning districts.

B. The proposed deviation will meet the general intent and purpose of the subject standard.

C. The deviation will not:

1. Be detrimental to the public welfare or have adverse impacts on adjacent properties.

2. Significantly alter the character of the surrounding area or neighborhood.

3. Create a nuisance or an unsafe or unhealthy condition.

4. Have long term negative visual impacts from streets and adjacent properties.

D. The deviation is not contrary to the intent and purpose of this Zoning Ordinance in general or to

the purpose, intent and character of the applicable zoning district or any applicable overlay

district.

Section 2.11.4 Conditions of Approval

A. Approval of a deviation may include conditions of approval deemed necessary to ensure

compatibility with existing or permitted uses on the site or on adjacent sites. Such conditions may

exceed the minimum standards required by this ordinance and may include a time frame,

expiration date, or situation that will trigger expiration of the approval.

B. Approved deviations apply only to the specific application and do not apply to any expansion or

intensification of the use or improvements, or to future uses, improvements, or phases of

development.

Section 2.11.5 Expiration/Termination of Approval

A. The Zoning Administrator may terminate approval of a deviation from an improvement standard

per Section 2.1.5 if:

1. The subject development does not meet the conditions of approval described in Section 2.11.4.

2. The character of the land use changes from that existing or proposed at the time the deviation

was approved.

3. The deviation is found to impose an additional enforcement burden upon the Community due

to incompatibility or other issues related to the deviation.

B. Upon expiration or termination of approval, all required improvements shall be brought into

compliance with the applicable development standards or as indicted in any notice of termination.

Section 2.12.1 Applicability

A. Design Review approval is required for non-residential and multifamily development on private or

Community land.

B. Individual single-family dwellings and their related accessory structures or site improvements are

exempt from design review except when model homes are proposed within a development

project.

Section 2.12.2 Application Process

A. Applications may be submitted by the person in control of

the property or an authorized representative.

B. All applications will follow the application processes

described in Articles 2.2 and 2.3.

1. Applications eligible for administrative approval are

processed pursuant to Article 2.4.

Administrative Design Review

1. Preliminary Review

2. Formal Application

and CDD Review

3. Zoning Administrator’s

Decision

2. Applications not eligible for administrative approval are processed through the Design Review

Panel (DRP) process described in Sections 2.12.3 thru 2.12.5.

Section 2.12.3 Design Review Panel Meeting

Following the application processes, the CDD staff will prepare

a report that includes a description of the request and

recommendations. The staff report will be provided to the

applicant and the Design Review Panel (DRP) prior to the DRP

meeting.

Design Review Panel

1. Preliminary Review

2. Formal Application and

Review

3. Design Review Panel Meeting

4. Design Review Panel Decision

Section 2.12.4 Design Review Scope

In making their decision the purview of the DRP includes:

The design elements

considered by the Design

Review are illustrated in the

SRP-MIC Design Standards

and Guidelines.

1. Cultural response and sensitivity.

2. Site Plans.

3. Architecture and exterior building design.

4. Vehicle and pedestrian circulation.

5. Landscape and hardscape improvements.

6. Contextual relationships.

7. Design response to the desert environment.

8. Exterior lighting.

9. Sign plans and signs.

10. Grading and drainage.

11. Above ground infrastructure of significant scale such as

bridges, water storage tanks, communication towers, and

bus stop shelters as determined by the Zoning

Administrator.

The Design Review Panel’s

focus is design quality; it does

not review for compliance with

development standards or

regulations; its approval does

not ensure such compliance

and it does not grant variances

to ordinance requirements.

The design guidelines do not

take precedence over the

zoning ordinance.

12. Public art visible from a street or adjacent property such as statuary, murals, posters, flags,

super graphics and banners.

13. Design topics illustrated in the SRP-MIC Design Standards and Guidelines.

14. Site and master development plans for the preservation of views to designated sites and

locations.

Section 2.12.5 Design Review Panel Decision

A. The Design Review Panel (DRP) may impose conditions to achieve the applicable goals and

intent of the General Plan and zoning district, the applicable development standards and the

effective application of the SRP-MIC Design Standards and Guidelines.

B. Decision:

1. The applicant will be notified of the DRP’s decision within five (5) business days of the

decision.

2. The Zoning Administrator may require the applicant to submit plans or documents reflecting

conditions of approval before submittal of applications for building or other permits.

Section 2.12.6 Appeals

Decisions of the Design Review Panel are final.

Section 2.12.7 Design review approval expiration

A. Design review approval automatically expires if construction of the development is not

commenced or an application for a building permit is not submitted, whichever is applicable,

within two (2) years after the date the approval is granted.

B. Development for which design review approval expires requires a complete new application and

payment of related fees.

Section 2.12.8 Extension of approval

A. The date of approval expiration may be extended up to one (1) additional year upon a written

request prior to the expiration, subject to approval by and at the discretion of the CDD Director.

B. Time extension application process:

1. Requests may be submitted in writing to the CDD Director prior to the date of the approval

expiration described in Section 2.12.7 above. The CDD Director shall either grant or deny a

time extension within ten (10) business days.

2. Expiration is effective unless an extension is approved prior to the expiration date. The act of

filing a request for an extension does not delay expiration.

Section 2.13.1 Decision making bodies or officials

Decision-making bodies and officials authorized to approve applications in this ordinance:

A. Are authorized to impose conditions on any approval to implement the requirements of this

ordinance, protect the Community or the public from potential adverse impacts from the proposed

use or development, ensure compliance with required findings or fulfill an identified need for

public services. These conditions shall be specifically listed as part of the approval.

B. Will consider as a requirement or condition any statement, approved plan, exhibit or other

material provided by the applicant that is on record with the decision representing the proposed

development, improvements or performance.

C. May approve, approve with conditions and/or modifications, deny, or continue consideration of an

application to a future time to obtain additional information deemed pertinent to the decision.

D. May suspend or revoke a prior approval that they are authorized to grant by this ordinance per

Section 2.1.5.

Section 2.13.2 Modification or removal of conditions of approval

A request to the decision-making body to modify or remove a condition of approval shall be made as

a new application and shall be processed through the same procedure as the project was approved

and the condition was imposed. An exception to this is a modification that qualifies for administrative

review and approval per Section 2.4.2.

A. Permits and approvals are transferable to successors in interest unless specifically prohibited

elsewhere in this ordinance or transferability is limited as part of the approval.

B. Successors are subject to all standards, agreements and conditions that accompanied the

approval.

C. Approvals that apply to a specific property are not transferrable to another property.

All required studies, analysis and reports associated with applications processed through this

ordinance shall be funded by the applicant, prepared by qualified professionals appropriate for the

circumstance of application, and reasonably approved by the CDD Director.

Section 2.16.1 Permits Required

A. It is unlawful to haul, transport, construct, install, alter,

repair, trench, grade, remove, or demolish or to commence

the construction, installation, alteration, removal or

demolition of a building or structure or improvement except

in conformance with permits approved by the Building

Official and as required by this ordinance and the applicable

legal requirements of the SRP-MIC or of the Federal

Government as amended.

Building Permit Process

1. Building Permit Application

2. CDD Review

3. ECS Review and Approval

4. Inspections by ECS / CDD

5. Certificate of Occupancy or

Certificate of Completion

B. No construction shall begin or land graded or cleared until environmental review is completed by

the CDD / Environmental Protection and Natural Resources (EPNR) Division.

Section 2.16.2 Applications.

All applications shall be in the format and contain the information required per application forms

prepared by the Engineering Construction Services (ECS) Department and must provide all requested

information. Applications shall be accompanied by proof of payment for requested permits.

A. Conditions of approval.

1. Building permits may only be issued for the construction of proposed improvements, buildings

or structures that are found to comply with required design review approvals and any

applicable conditions of approval, this ordinance and applicable codes.

2. All work performed under a permit or approval issued by the Community shall conform to the

approved application, plans, conditions and specifications, including any amendments.

B. Amendments to applications and plans.

1. No plan may be altered or changed from the original approval without the prior written approval

of the Community Official, Board, Panel, or Council authorized to grant the approval.

2. Approved amendments to an application after approval of a permit and before completion of

the work for which the permit was granted shall be deemed a part of the original application.

Section 2.16.3 Inspections

A. All improvements and uses must be inspected before the Community may issue a final certificate

of occupancy, certificate of completion or final approval.

B. Community staff may enter any part of a building or site to perform inspections to verify

compliance with the approved plans and conditions of approval.

C. All work performed under a permit issued by the Building Official shall conform to the approved

application, plans, and specifications and approved amendments.

Section 2.16.4 Certificate of Occupancy or Certificate of Completion

A. Users may not operate without, and are not entitled to, a certificate of occupancy or required

approvals except in conformance with this ordinance, applicable building codes and conditions of

approval and other legal requirements.

B. A Certificate of Occupancy or a Certificate of Completion shall only be issued if the Building

Official finds that all improvements are provided in accordance with approved plans (including

approved amendments) and any applicable conditions or stipulations and may withhold a final

certificate of occupancy until as-build drawings are provided.

C. The Community may require at the time of issuance of a temporary certificate of occupancy or

certificate of completion, an irrevocable line of credit in the Community’s name from the

applicant’s bank for 110% of the cost of installing any required improvements that are not

completed and accepted by the Community by a specified time. The line of credit may be used by

the Community at their discretion, after the specified completion time, to complete the required

improvements.

Chapter 3

Zoning Districts

Section 3.1.1

Purpose

The purpose of establishing individual zoning districts in specific locations within the Community is to

implement the purposes of this Zoning Ordinance as stated in Section 1.1.2 by:

A. Grouping compatible, synergistic land uses in locations to best serve the Community.

B. Defining the intensity, scale, quality and character of development within specific districts and

areas.

C. Ensuring land use will have timely provision of necessary infrastructure.

D. Preventing or mitigating negative impacts between adjacent land uses.

Section 3.1.2

Zoning Districts

The following zoning districts are established:

Agricultural/Residential

Village Commercial

Community Commercial

General Commercial

Mixed Business

Light Industrial

Administrative/Public Services

Conservation/Open Space

Natural Resource

Section 3.1.3

Zoning Map

A. The zoning district and overlay district boundaries (district boundaries) shown on the map,

attached as Exhibit A, are designated as the “Official Zoning Map” of the SRP-MIC and are

adopted with this Zoning Ordinance, including any amendments hereafter. The Official Zoning

Map is referenced in this ordinance as the “Zoning Map.”

B. The Zoning Map represents the geographic areas of the Community where each zoning or

overlay district applies.

C. The Zoning Map and any Zoning Map amendments shall be maintained by the Community’s

Secretary.

D. The CDD is responsible for administering Zoning Map amendments. The SRP-MIC is not

responsible for legal description errors provided with Zoning Map amendment applications.

Section 3.1.4

Location of District Boundary Line

A. District boundary lines typically follow existing property boundary lines such as allotments,

partitions, lease boundaries, or the centerlines of street rights-of-way. The boundary lines may

also follow a legal description, or a permanent physical land feature such as a canal or an

elevation contour.

B. Where uncertainty exists about any district boundary the rules listed below apply. Where more

than one rule applies, the first applicable rule prevails.

1. Where a district boundary line is located within, adjacent to and parallel to a street right-of-way

or easement, the district boundary will coincide with the centerline of the street right-of-way or

easement.

2. Where a district boundary approximately follows an allotment boundary or a legal description

of a parcel, lease or development site, the district boundary line will coincide with those

boundary lines.

3. Where a zoning district boundary is described by a specific dimension, the specific dimension

or description controls.

4. Where the above rules do not clarify the district boundary location, the Zoning Administrator

shall determine the boundary’s location and document the basis used for that determination.

Section 3.1.5

Undesignated Areas

If a property within the SRP-MIC territory does not have a zoning designation on the Zoning Map or

any record of a zoning classification, it is automatically zoned “OS” Conservation (Open Space).

Section 3.1.6

Annexation

The Community Council may assign a zoning designation to land annexed to the SRP-MIC at the time

of annexation. If no zoning designation is indicated upon annexation the land annexed is

automatically designated “OS” Conservation (Open Space) until the Community Council approves a

different zoning designation.

Section 3.2.1

Applicability

A. This Article applies in all zoning districts to new and existing buildings and/or site improvements,

additions, modifications or expansion of such buildings or site improvements, and to any building

or land use changes. The development standards in this Section expand upon, or clarify, and

shall be in addition to the standards in the individual zoning districts.

Section 3.2.2

Regulations and Standards

A. Agricultural and residential uses. Agricultural and residential development located in any

zoning district shall conform to the regulations and standards of the AR zoning district.

B. Floor area ratio (FAR).

1. Within a master planned development, the FAR permitted on individual sites within a

contiguous zoning district may be higher or lower than the maximum FAR permitted in that

district as long as the aggregate of all floor area does not exceed the total permitted FAR

within the contiguous zoning district.

C. Maximum building size.

1. Attached buildings divided by or spanning property lines are considered one (1) building and

the aggregate building square footage shall not exceed the maximum building size permitted in

the applicable zoning district. If the zoning districts are different, the smaller building size shall

apply to the building.

2. If a building is within more than one (1) zoning district, the smaller maximum building size shall

apply to the building.

D. Maximum building height.

1. The Zoning Administrator may approve, without a variance, exceptions to maximum height

limits for building elements as described below:

a. Ornamental elements of nonresidential buildings, such as shading over roof decks, spires,

roof domes, cupolas, belfries, clock towers, chimneys, cooling towers or vents and similar

features if such elements are well incorporated into the building’s architecture, are well

proportioned to the building, are not excessive, and are not used in any way for commercial

advertising or for occupancy.

b. Portions of roofs accommodating skylights or clearstory windows up to six (6) feet above

the maximum building height.

c. Roof-mounted mechanical equipment necessary to the building’s operation or maintenance,

such as: HVAC systems; alternative energy equipment; antennae or communications

equipment devices; mechanical penthouses for elevator shaft bulkheads or stairwells and

accessories may exceed the maximum building height by the minimum dimension required

for proper equipment function. This exception applies to required screening for these items.

d. Safety railings required by the building code, but not parapets.

2. Features and/or screening exceeding height limits shall be no larger in horizontal span or

vertical height than necessary for its essential function and proper architectural proportion.

E. Minimum building setbacks.

1. The minimum building setback shall be the greater of the minimum required depth of building

base area, building setback, or landscape setback. See Section 6.3.11 regarding building base

area.

2. Upper level facades may step back from lower levels to meet upper level setback

requirements.

3. Awnings or shade structures that are

unenclosed by sides may reasonably

encroach into setbacks. When awnings or

shade structures are used over outdoor

decks, the encroachment shall not extend

further than the edge of the floor area

covered.

4. Building base area landscaping is permitted

within building setbacks and landscape

setbacks.

F. Zero lot line construction.

1. Buildings may be constructed with a zero

(0) foot setback from an abutting property’s

boundary line only if zero (0) foot setbacks

and building code implications are

addressed in a written agreement with the

owner of the abutting property, which

agreement shall be a deed restriction, easement or other provision as applicable.

G. Building separation. Upper level walkways and decks,

upper level architectural embellishments, building shade

elements and roofs or shade structures connecting or

spanning any distance between adjacent buildings may

encroach into the minimum required separation between

buildings subject to design review approval and building

code requirements.

Zero lot line agreements may

address building setbacks,

access for maintenance, the

size of any attached building,

or other applicable provisions

related to conformance with

this ordinance or the building

code.

H. Accessory structures. Accessory structures shall be identified on an approved site plan, comply

with the zoning district requirements, and shall not be constructed prior to construction of the

structure containing the principal use.

Screening requirements.

1. Screening may be accomplished with landscaping, walls, architectural features, a combination

of these or by other means as approved by the design review process as described in Section

6.3.9.

2. Specific screening requirements for certain uses are listed below:

a. Bay doors, loading docks and service areas shall be screened from view from streets, public

areas and adjacent uses.

b. Parking areas shall be screened from view from streets per Section 6.3.9.

c. Permanent Outdoor Storage.

1). All outdoor areas used for permanent storage of materials shall be screened from

adjacent streets, public areas and adjacent uses.

2). The height of materials stored in outdoor areas shall not exceed the height of the

screening provided.

3). Outdoor storage on sites abutting an AR zoning district within the Agricultural Low Density

Residential Land Use Area of the General Plan shall conform to the A/LDR transition

requirements in Section 3.2.3.

4). Vehicles and equipment over eight (8) feet in height shall be screened by a wall to a

height of at least six (6) feet and partially screened by landscaping above six (6) feet,

except where screening is specifically not required in this ordinance.

5). Pushcart corrals located adjacent to a building shall include screening one (1) foot higher

than the cart. The location of pushcart corrals shall be as shown on approved site plans.

6). Outdoor storage of items for sale within approved display areas such as vehicles and

equipment are not required to be screened from street view.

d. Refuse and waste materials.

1). All refuse or waste materials stored outdoors shall be attractively screened from view from

streets, public areas and adjacent uses by an opaque wall, an enclosure, or by

landscaping.

2). Refuse enclosures and compactors shall:

a). Be screened from streets, public areas and adjacent uses and should be placed off of

main drive aisles, outside of public parking areas and away from outdoor pedestrian

areas, if at all possible.

b). Screen walls shall be no less than five (5) feet in height or one (1) foot higher than the

top of container screened, whichever is higher.

c). Opaque gates may be required, depending on visibility to public areas. When gates are

used, they shall be kept closed when containers are not being accessed.

J. Mechanical and Utility Equipment. HVAC equipment, utility cabinets, meters and panels,

transformers, backflow preventers and similar items shall:

1. Be located to minimize visibility from streets, public areas and adjacent uses to the extent

possible, or be attractively screened from view from streets, public areas and adjacent sites.

2. Roof-mounted equipment:

a. Screening shall be integrated into the building design, add to the building’s aesthetics and

have a similar level of detail as the building. It should not have an “added on” appearance.

b. Where the roof is readily visible from an adjacent street or site, equipment shall be within a

roofed architectural feature rather than screened by a fence or parapet.

3. If equipment cannot be screened due to impairment of its function, the architectural or site

design shall make the equipment a non-dominant feature integrated into the site or building,

subject to design review approval.

4. Exceptions to screening requirements.

a. Single family residential uses are exempt from screening requirements.

b. Vehicle or equipment sales, mobile home sales, garden centers, plant nurseries and uses

where permanent outdoor areas typically comprise a major part of the sales area shall

comply with the applicable specific use standards in Table 4.2 and, where applicable, with

the residential transition requirements of Section 3.2.3.

K. Temporary outdoor storage.

1. Temporary collection facilities for recycled or donated items. Collection facilities for

recycled or donated items are only permitted with a special use permit and shall comply with

all conditions of the permit.

2. Outdoor display of merchandise for sale. Except in zoning or overlay districts where outdoor

display is specifically not permitted, a retail business permanently located on the site may

display an incidental amount of merchandise outdoors without screening subject to the

following:

a. Displays are limited to the normal hours of operation of the business, unless the display is

not visible from a street or adjacent property, or a special use permit is approved allowing

overnight display.

b. Displays shall be located within the base area(s) of the related business, or within an

adjacent courtyard, plaza or outdoor sales area and shall not occupy landscape areas,

areas used by vehicles or any required parking areas unless such locations are specifically

permitted by a special use permit.

c. Displays shall not be located within fire lanes.

d. Displays shall not block pedestrian circulation paths, and shall provide for a minimum clear

pedestrian pathway five (5) feet in width around or through the display.

3. Seasonal or special event outdoor storage. Merchandise may be stored outdoors, including

overnight, without screening in conformance with an approved special use permit. This part

applies to:

a. Merchandise offered for sale by the permanent retail establishment on the site on a

seasonal basis (e.g., Christmas trees, garden and plant materials, gardening supplies, small

equipment, paraphernalia associated with a seasonal holiday), and

b. Merchandise that is being offered for sale during an exclusive event such as a street fair,

festival, farmers market, flea market, or a Community-sponsored event.

L. Vending machines. Vending machines, automated or self-service dispensers of merchandise,

information or services, including, but not limited to, teller machines, soda or candy machines,

and newspaper or magazine dispensers are permitted in conformance with the following:

1. Shall be located within primary or secondary building base areas or within enclosed areas.

2. Shall be maintained in good operating condition, like-new appearance, free of graffiti, and

restocked as necessary.

3. Where more than five (5) such machines are located within a tenant’s base area,

administrative approval of a site plan showing the type and locations of proposed vending

machines is required prior to installation. Machines may be required to be in an enclosed area

or to be screened from view from streets and adjacent properties.

4. All vending machines and associated facilities shall comply with signage and illumination levels

in Sections 6.7.14 B, 6.6.6 B and 6.6.7. Illumination from such sources is not required to be

included in projected photometric calculations but are included in on-site measurement of light

trespass levels.

5. Machines that are built into a building (e.g. teller machines) shall be compatible with the

architectural design of the building, shall be under a covered area, and shall include security

lighting that meets the lighting standards in Section 6.6.7.

6. All power sources shall meet applicable code requirements in effect at the time of installation.

7. Machines for vending propane and similar volatile materials shall meet all applicable building

and fire codes

M. Noise levels.

1. A noise level that exceeds the Community noise

standards identified in Table 3.2.1 by five (5) decibels dB

(A) or more is not permitted.

2. Sound levels are measured at the boundary of a site as

described in Article 8.3.2 D.

3. If the boundary is between sites in different zoning

districts with different noise standards, the lower noise

standard applies at the boundary.

4. If the ambient noise level in a residential zone (excluding

noise sources being investigated) is measured and found

to be less than the Community noise standard in Table

3.2.1 between the hours of 10:00 p.m. and 7:00 a.m., then

the actual ambient noise level will be the Community

noise standard.

5. If the ambient noise level (excluding noise sources being

investigated) in any zoning district in the area surrounding

the site is measured and found to be in excess of the

Community noise standards described in Table 3.2.1, then

the actual ambient noise level will be the Community

noise standard.

Table 3.2.1 Community Noise

Standard

Zoning

Maximum dBa

District

7:00 am – 10:00 pm

10:00 pm – 7:00 am

Industrial

Uses

dB (A) of the sound being

measured is an instantaneous

measurement.

6. Non-emergency temporary activities of commercial or

industrial uses that generate noise audible at the Agricultural/Low Density Residential land use

area boundary, such as loading and unloading of equipment or materials, exterior maintenance

of the site, refuse removal, parking lot vacuuming, etc., shall not occur between the hours of

9:00 p.m. and 7:00 a.m.

7. Construction and repair work are permitted to exceed the noise levels otherwise permitted

between the hours of 7:00 a.m. and 7:00 p.m. by up to 10 dBa. This does not apply to short

term infrequent occurrences but does apply to repetitive noises, including those caused by

impacts.

8. Notwithstanding any other provision of this Article, and in addition to subsections 1 through 7

above:

a. It is unlawful and a violation of this ordinance for any person without justification to make,

cause or permit to be made any unnecessary, excessive or offensive noise that disturbs the

peace or quiet of any neighborhood or business or that causes discomfort or annoyance to

any reasonable person of normal sensitivity to noise.

b. This Section may be enforced by SRP-MIC police officers or other SRP-MIC employees

designated by the CDD Director.

c. A sound level meter may be used, but is not required, to assist in determining whether noise

is unreasonable or not. Noise levels of any duration that exceed the Community noise

standard by ten (10) percent are unreasonable.

9. The following noise is exempt from the provisions of this Section:

a. Non-amplified noise resulting from the activities of the patrons of a business, except when

that noise is measured at the boundary of a home site within the AR zoning district within

the Agricultural / Low Density Residential (A/LDR) land use area on the General Plan Land

Use Map.

b. Noise created by a special event or activities operating in accordance with the conditions of

approval or conditions of an approved conditional use or special use permit.

c. Noise from emergency work.

d. Noise of very short duration that occurs infrequently or rarely and not on a repeated basis.

e. Noise caused by customary agriculture operations.

N. Vibration. No use shall cause vibration that is perceptible to the human sense of touch at the

boundary of the site occupied by the subject use.

O. Odors. Uses causing the emission of odors detectable by a human sense of smell shall

implement provisions to minimize or eliminate the effect of odors on adjacent properties including,

but not limited to, the measures listed below:

1. Exhaust vents shall be located as far from adjacent properties as practicable and shall

terminate above the roofline and be directed up.

2. Noxious discernible odors shall be eliminated from the exhaust to the extent practicable with

filters and/or other means in common use.

3. Waste materials shall be controlled in a manner such that no odors are discernible at the

border of the site or of the individual use.

P. Dust.

1. Uses shall control the generation of dust and airborne debris in compliance with all applicable

legal requirements.

2. Road and parking lot surfaces shall be maintained in a clean, dust free condition to minimize

the creation of airborne dust.

Q. Smoke.

1. Uses shall control the generation of smoke in compliance with all applicable legal

requirements.

R. Waste disposal.

1. All waste materials shall be stored in containers with closable lids.

2. Operations shall be conducted in accordance with applicable legal requirements.

S. Hazardous waste materials.

1. Solid waste and hazardous waste shall be stored, managed, and disposed in accordance with

legal requirements.

2. Operations shall be conducted in accordance with legal requirements applicable within the

SRP-MIC, including any applicable permits. The SRP-MIC Fire Department or the CDD /

Environmental Protection and Natural Resources (EPNR) Division may require, at any time, an

on-site review and inspection of the hazardous materials used or stored on any site.

3. The type, quantity, use and storage methods for all hazardous materials shall be identified in

applications for development review and building permits.

4. Any processes resulting in the creation of a hazardous material or hazardous waste will require

approval by the SRP-MIC Fire Department or CDD / EPNR Division.

Swimming pools. Residential swimming pools shall be located a minimum of three (3) feet from

the side or rear property lines.

Section 3.2.3

Agriculture/Low Density Residential (A/LDR) land use transition

area.

A. Purpose. This Section is to promote compatibility with existing or potential residential uses within

the Community.

B. Applicability. The regulations in this Section apply to nonresidential uses abutting sites zoned

AR within the A/LDR land use area on the General Plan Land Use Map.

C. Transition area.

1. A transition area three hundred (300) feet in depth shall be maintained within all nonresidential

zoning districts abutting or adjacent to land zoned “AR” Agricultural / Residential within the

area designated Agriculture / Low Density Residential (A/LDR) on the General Plan Land Use

Map. The transition area is measured from the nearest boundary of the “AR” zoning district

within the A/LDR area.

2. All nonresidential development located within the transition area shall be designed to minimize

conflicts, assure compatibility, and provide an appropriate transition in use, intensity and

function through the application of site and building design and performance criteria such as

those in this Section.

3. Agricultural uses in any zoning district are exempt from these requirements.

D. Compatible design and site planning within the 300 ft. transition area.

1. Landscape Buffer.

a. In addition to any required primary or secondary frontage building base areas, a twenty (20)

foot wide landscaped buffer shall be provided abutting the AR district boundary, except that

industrial uses shall provide a minimum forty (40) foot landscaped buffer in addition to

required building base areas.

b. The buffer area shall be landscaped per Section 6.3.6 and may also be used for storm

water retention and/or landscape screening.

c. Where the building side adjacent to the AR zoning district has vehicular access, the

landscape buffer shall be adequate to create a landscape screen.

d. Opaque walls shall not be placed within the required landscaped buffer along the perimeter

of sites abutting the AR district in a manner that creates a solid opaque wall for the entire

length of the property. Rather, walls shall include a mix of opaque wall and non-opaque

fencing, such as decorative wire, wrought iron and/or landscaping, and shall articulate away

from the property line.

e. Plants within the buffer area shall be selected from the plant list in the SRP-MIC Design

Standards and Guidelines and shall be native to the lower Sonoran desert.

2. Circulation.

a. Vehicle circulation shall be arranged to minimize the impacts of headlights, or shall be

mitigated by a complete screen at a minimum height of four (4) feet consisting of heavy

landscaping, a solid wall or a combination of these.

b. Access by commercial vehicles and commercial traffic to local residential streets shall be

avoided.

1). Access for emergency vehicles, public services, school buses and normal residential

traffic shall be provided where necessary.

2). Opportunities for non-motorized access (pedestrian and bicycle) between adjacent uses

shall be provided where appropriate.

3. Only parking that serves uses allowed within the AR zoning district shall be located within the

AR zoning district.

4. Outdoor storage.

a. Outdoor storage of materials, equipment, machinery or vehicle storage areas shall be

screened from view from the abutting AR district within the A/LDR area by a building, wall

and/or landscaping. Screening shall be placed around the areas requiring screening rather

than being placed along the perimeter of the site abutting the AR district.

b. Security fencing along the perimeter of sites abutting AR district within the A/LDR shall not

create a solid opaque wall. Acceptable materials include, but are not limited to, decorative

wire or metal fencing.

c. Refuse containers shall be placed away from the boundary of existing or proposed home

sites within the AR zoning district within the A/LDR area or where disturbance of the

residential uses due to use or refuse pickup will be minimized.

5. Light and Glare. Particular attention shall be given to outdoor illumination in the transition area,

including, but not limited to, parking lot and security lighting and signs visible from the AR area.

Adjustments to mounting heights near residential boundaries and the use of shielding to

minimize impacts and light trespass on adjacent properties may be required.

a. Pole-mounted fixtures shall be no more than one (1) foot in height for each one (1) foot of

distance from the AR district boundary.

Light fixtures emitting 2,600 lumens or more shall not be operated between 10:00 p.m. and

6:00 a.m.

6. Site layout and building design

a. Upper story windows shall be situated and designed to limit or avoid visual intrusion into

existing or planned home sites in abutting AR zoning district within the A/LDR area.

b. Development intensity shall be reduced as growth moves away from the commercial

corridors, providing a smooth transition of development from urban forms to agricultural /

residential lands and to the natural desert.

c. No building shall be higher than 40’ within the three hundred (300) foot transition area.

d. Buildings farther than three hundred (300) feet from an AR zoning district can be increased

in height above forty (40) feet by one (1) foot in height for each three (3) feet of horizontal

distanced the building is beyond three hundred (300) feet from an AR zoning district up to a

the maximum height allowed by the applicable zoning or overlay district.

Section 3.2.4

Agricultural and residential uses

A. Use by Non-community members. Dwellings in all zoning districts shall be for the exclusive

occupancy of Community members and their families.

B. Located in non-residential zoning districts. Residential and agricultural uses located within

zoning districts other than the AR district shall comply with the AR district standards rather than

the standards of any other district in which they may be located.

Section 3.3.1

Purpose

A. The Administrative Public Service (AP) zoning district is established to accommodate SRP-MIC

civic, cultural, institutional, educational and governmental uses that primarily serve, or are for the

benefit of or use by, the Community members of the Salt River Pima-Maricopa Indian Community.

This district is not intended for commercial use or to accommodate residential subdivisions,

apartments or other residential uses.

B. The development standards and regulations of the AP Zoning District are intended to:

1. Provide flexibility in locating a broad mix of government, civic and Community services where

they can best serve the Community and its membership.

2. Establish regulations and standards that help to ensure compatibility with, and minimize

negative impacts on, existing or anticipated uses on the same site and in the surrounding area.

3. Encourage quality design and development that reflects the values of the Community.

4. Encourage efficient use of public lands and sustainable development practices.

Section 3.3.2

Permitted uses

The Land Use Table in Chapter 4 (Table 4.1) establishes the uses permitted within the AP Zoning

District.

Section 3.3.3

District development standards

A. All uses and development in the Administrative Public “AP” zoning district shall comply with the

dimensional standards described in Table 3.3, the general district regulations and standards of

Article 3.2, and all applicable standards and regulations of this ordinance.

B. Unless specifically stated, all standards and provisions apply equally to principal and accessory

uses.

C. Maximum Building Height.

1. In addition to permitted exemptions to the maximum building height in Section 3.2.2.D, the

Zoning Administrator may approve an additional twenty (20) percent height variation to the

maximum building height for elements of a building or structure for which height is essential to

their function, such as performing arts theaters, fire hose drying towers, or communication or

security devices.

2. In evaluating exceptions to building height, consideration shall be given to location, visual

impacts, integration into building architecture, view corridors, the extent of the required

exception, and impacts on other uses on the site and on adjacent sites.

Table 3.3 AP District Development Standards

AP - Administrative Public

Zoning District

Maximum Floor Area Ratio

Within the Pima Corridor

Maximum Building Size (Gross Floor Area)

Maximum Building Height

Within Pima Corridor

Minimum Building Setback from R.O.W of

Urban or Rural Arterial or Collector Street,

Highway, or Freeway

Rural Minor Collector

Urban or Rural Local street

Side/Rear Property Line or Site Boundary

Adjacent to AR within A/LDR land use

Minimum Building Separation

(between buildings on the same site)

When a primary or secondary building frontage

is between buildings

Between building sides

Between principal and accessory buildings

Between accessory buildings

Minimum Landscaping and Open Space

Streetscape / Landscape Setback

Building Base Area

Parking Lot Landscape for:

Public and Employee Parking

Fleet Parking

Total minimum landscaping and open space

(includes all landscape areas)

Dimensional Development Standards

n/a

0.45

No maximum building size

40 ft.

80 ft. (6 story limit)

(see Section 3.2.2 E for setback and upper level step back provisions)

25 ft. < 40 ft. of height

plus ½ ft. for each 1 ft. over 40 ft. height

20 ft. < 40 ft. of height

plus ½ ft. for each 1 ft. over 40 ft. height

15 ft. < 40 ft. of height

plus ½ ft. for each 1 ft. over 40 ft. height

10 ft. plus ½ ft. for each 1 ft. over 40 ft. height or the

minimum base area depth, whichever is more

20 ft. plus 1/2 ft. for each 1 ft. over 25 ft. height

The sum of largest applicable minimum base area depths

of the adjacent buildings per Table 6.3.11.B.2

Per building code. Min. 20 ft. if used as a walkway

Per building code. Min. 12 ft. if used as a walkway

Per building code ft. Min. 12 ft. if used as walkway

See Articles 6.1, 6.2 and 6.3

Per Section 6.2.5

Per Section 6.3.11

Per Section 6.5.6 and Article 6.3

7 ft. deep perimeter landscape screen.

No interior landscape required.

18% of site

Village Commercial (C1), Community Commercial (C2) and General Commercial (C3)

Section 3.4.1

Purpose

A. The commercial zoning districts, together, accommodate a full range of office, retail,

entertainment and service uses to serve the needs of the Community, the surrounding area, the

metro area, and visitors from outside the region to help fulfill the economic vitality goals in the

Community’s General Plan.

B. The purpose for establishing multiple commercial zoning districts and related standards and

regulations include:

1. Accommodating various types, scale, and intensities of commercial uses at appropriate

locations where they best serve the intended market or Community needs.

2. Grouping land uses to promote compatibility and synergy between adjacent uses.

3. Minimizing the potential negative impacts between different uses.

4. Providing a variety of economic and employment opportunities for Community members and

residents.

5. Encouraging building, landscape and site improvements so that they enhance the areas they

are located in and create an appropriate sense of place significant to the SRP-MIC.

6. Promoting site planning and architectural design relevant to the aesthetic values of the SRPMIC.

C. Purpose and Character of Individual Commercial Districts

1. The Village Commercial (C1) Zoning District provides locations for businesses and services

that are oriented towards meeting the daily and specialty goods and service needs of the

Community.

a. The C1 district primarily is intended for areas located within the “People’s Village” as shown

on the General Plan land use map and for Community-oriented areas subsequently

identified within the General Plan.

b. Tenants are typically businesses owned by Community members or Community public

agencies that provide services to Community members.

c. Uses in this district do not generate large volumes of traffic, particularly from outside the

Community, or traffic with significant adverse effects on adjacent residential areas.

d. Settings include clusters of small-scale, low-intensity retail, service and office facilities in a

central location that is convenient to the Community residents.

e. Sites range in size from one (1) to five (5) acres.

Site layout and architectural designs in Village Commercial areas shall be substantially

reflective of the Community’s culture.

1). Sites should include outdoor gathering areas that accommodate Community activity,

provide spaces for outdoor sales, dining, entertainment and socializing, and support and

accommodate adjacent businesses and services.

2). Circulation is oriented to pedestrian use. Convenient parking areas and drop-offs enhance

short-term visits for patrons while longer-term parking is located at the perimeters of the

site.

3). Views of the mountains from public spaces should be preserved by the arrangement of

buildings and layout of the site.

2. The Community Commercial (C2) Zoning District meets the general weekly shopping and

service needs of the Community and accommodates small and medium-sized shops, offices,

convenience goods and services, auto service stations, apparel, hardware, groceries, and

similar uses.

a. The C2 district is intended for locations shown on the General Plan as Commercial

Neighborhood adjacent to an arterial street near the perimeter of the Community where

allowed uses benefit from through-traffic without attracting new traffic into the interior of the

Community.

b. Sites range from five (5) to twenty (20) acres.

3. The General Commercial (C3) Zoning District implements the Community’s goals of

economic vitality, employment opportunities and cultural exchange.

a. Primarily suited for the area designated Commercial Mixed Use in the General Plan, the C3

zoning district provides a quality environment appropriate for destination entertainment

uses, tourist attractions and accommodations, restaurants, retail shops and similar uses as

well as commercial uses serving the metropolitan region and the surrounding communities.

b. The area may also include convenience retail, services, large office uses, and businesses

that support other businesses.

c. Destination type developments include strong and convenient links between the various

complementary developments within the Community, in order to broaden and enhance the

experience of visitors and to increase cross-marketing opportunities and profitability for the

businesses. Links include internal vehicular and pedestrian connections and local public

transit between destinations.

d. Agriculture and residential uses in this district are considered interim uses with eventual

conversion to commercial uses.

Section 3.4.2

Permitted uses

The Land Use Table in Chapter 4 (Table 4.1) establishes the uses permitted within the C1, C2, and

C3 Zoning Districts.

Section 3.4.3

Development standards

A. All uses and development in the C1, C2, or C3 zoning districts shall comply with the related

dimensional standards described in Table 3.4, the general district regulations and standards of

Article 3.2, and the applicable standards and regulations of this ordinance.

B. Unless specifically stated otherwise, all standards and provisions apply equally to principal and

accessory uses.

Table 3.4 C1, C2, & C3 District Development Standards

C1, C2 & C3 – Commercial Zoning Districts

Maximum Floor Area Ratio

Within the Pima Corridor

Maximum Building Size (Gross Floor Area)

Maximum Building Height

Within the Pima Corridor

Dimensional Development Standards

0.25

0.45

16,000 sf.

85,000 sf.

No maximum size

25 ft.

30 ft.

40 ft.

80 ft. (6

80 ft. (6 stories) 80 ft. (6 story limit)

stories)

Minimum Building Setback from R.O.W of

(See Section 3.2.2. E for setback and upper level step back

provisions)

Urban or Rural Arterial or Collector Street,

Highway, or Freeway

Rural Minor Collector

25 ft. <40 ft. of height

plus ½ ft. for each 1 ft. over 40 ft. height

20 ft. < 40 ft. of height

plus ½ ft. for each 1 ft. over 40 ft. height

15 ft. < 40 ft. of height

plus ½ ft. for each 1 ft. over 40 ft. height

10 ft. plus ½ ft. for each foot over 40 ft. height or

minimum base area depth, whichever is greater

30 ft.

plus 1/2 ft. for each 1 ft. over 25 ft. height

Urban or Rural Local street

Side / Rear Property Line or Site Boundary

Adjacent AR in A/LDR land use area

Minimum Building Separation

(between buildings on the same site)

When any primary or secondary building

frontage is between buildings

Between building sides

Between principal and accessory buildings

Between accessory buildings

Minimum Landscaping and Open Space

Streetscape / Landscape setback

Building Base Area buildings

Parking Lot Landscape for:

Public and Employee Parking

Fleet and inventory parking

Total minimum landscaping and open space

(includes all landscape areas)

The sum of the minimum base area depths of the

adjacent buildings per Table 6.3.11.B.2

Per building code. Min. 20 ft. if used as walkway

Per building code. Min. 12 ft. if used as walkway

See Articles 6.1, 6.2 and 6.3

Per Table 6.3.5

Per Section 6.3.11

Per Section 6.5.6 and Article 6.3

7 ft. deep perimeter landscape screen.

No interior landscape required.

18%

Section 3.5.1

Purpose

This district accommodates a mix of uses providing employment in commercial, administrative,

professional, research, service, and limited light industrial activities. It is intended for low intensity

land uses with low environmental impact that share the character of office or commercial services

uses and have a high design quality. It includes convenience commercial retail and service uses that

support and complement nearby employment centers. The district is suitable as a visual buffer and

transition between more intense industrial land uses and arterial streets, and as a transition between

commercial developments and industrial or residential areas.

Section 3.5.2

Permitted uses

The Land Use Table in Chapter 4 (Table 4.1) establishes uses permitted within the MB zoning district.

Section 3.5.3

District development standards

A. All uses and development in the Mixed Business (MB) zoning district shall comply with the related

dimensional standards described in Table 3.5, with the general district regulations and standards

of Article 3.2, and with the applicable standards and regulations of this ordinance.

B. Unless specifically stated otherwise, all standards and provisions apply equally to principal and

accessory uses

Table 3.5 MB District Development Standards

MB - Mixed Business Zoning District

Maximum Floor Area Ratio

Within the Pima Corridor

Maximum Building Size (Gross Floor Area)

Maximum Building Height

within Pima Corridor

Minimum Building Setback from R.O.W of

Urban or Rural Arterial or Collector Street,

Highway, or Freeway

Rural Minor Collector

Urban or Rural Local street

Side / Rear Property Line or Site Boundary

Adjacent to AR in A/LDR Land use area

Minimum Building Separation

(between buildings on the same site)

When any primary or secondary building

frontage is between buildings

Between building sides

Between principal and accessory buildings.

Between accessory buildings

Minimum Landscape and Open Space

Streetscape / Landscape setback

Building Base Area.

Parking Lot Landscape for:

Public and employee parking

Fleet Parking

Total minimum landscaping and open space

(includes all landscape areas)

Dimensional Development Standards

0.45

No maximum building size

40 ft.

80 ft. (6 story limit)

(see Section 3.2.2.E for setback and upper level step back provisions)

25 ft. < 40 ft. of height

Plus ½ ft. for each 1 ft. over 40 ft. height

20 ft. < 40 ft. of height

Plus ½ ft. for each 1 ft. over 40 ft. height

15 ft. < 40 ft. of height

Plus ½ ft. for each 1 ft. over 40 ft. height

10 ft. plus ½ ft. for each 1 ft. over 40 ft. height or

minimum base area depth, whichever is more

35 ft.

plus 1/2 ft. for each 1 ft. over 20 ft. height

The sum of minimum base area depths of the adjacent

buildings per Table 6.3.11.B.2

Per building code. Min. 20 ft. if used as walkway

Per building code. Min. 12 ft. if used as walkway

Per building code ft. Min. 12 ft. if used as walkway

See Articles 6.1, 6.2, 6.3 and 6.5

Per Table 6.3.5

Per Section 6.3.11

Per Section 6.5.6 and Article 6.3

7 ft. deep perimeter landscape screen.

No interior landscape required.

20%

Section 3.6.1

Purpose

The Light Industrial (L1) district accommodates the development of a broad range of employment

opportunities in an attractive, landscaped development setting. Uses include light manufacturing and

processing, research and development, warehousing, wholesaling, various trades and office uses.

Section 3.6.2

Permitted uses

The Land Use Table in Chapter 4 (Table 4.1) establishes the uses permitted within the LI Zoning

District.

Section 3.6.3

District use regulations

No outdoor display of merchandise is permitted except as noted in the specific use standards for

businesses primarily involving outdoor sales as described in Tables 4.1 and 4.2.

Section 3.6.4

District development standards

A. All uses and development in the LI zoning district shall comply with the related dimensional

standards described in this Section, Table 3.6, and the applicable standards and regulations of

this ordinance.

B. Unless specifically stated otherwise, all standards and provisions apply equally to principal and

accessory uses.

C. Parking. No on-street parking is permitted in this zoning district.

D. Buffering between development sites. A minimum seven (7) foot wide landscape buffer is

required between adjacent development sites within the LI zoning district. This requirement is not

in addition to and may be met by other landscape areas such as landscaping around parking

areas, landscape screening, or landscaped retention areas.

E. Buffering between different development sites and different zoning districts.

1. A minimum ten (10) foot wide landscape buffer inclusive of base area landscaping is required

where sites abut the MB zoning district.

2. A minimum twenty (20) foot wide landscape buffer, inclusive of base area landscaping, is

required where sites abut a non-industrial zoning district, other than the MB district.

3. A minimum six (6) foot wall or a landscape screen shall be incorporated into the required

landscape buffer abutting non-industrial zoning districts.

Table 3.6 LI District Development Standards

LI – Light Industrial Zoning District

Maximum Floor Area Ratio

Within the Pima Corridor

Maximum Building Size (Gross Floor Area)

Maximum Building Height

Within Pima Corridor

Minimum Building Setback from R.O.W of

Urban or Rural Arterial, Collector Street,

Highway or Freeway

Rural Minor Collector

Urban or Rural Local street

Side/Rear Property Line or Site boundary

Adjacent to LI

Adjacent to non LI Zoning Districts

Adjacent to AR within A/LDR land use

Minimum Building Separation

(between buildings on the same site)

When any primary or secondary building

frontage is between buildings

Between building sides

Between primary and accessory buildings.

Between accessory buildings

Minimum Landscaping and Open Space

Streetscape / Landscape setback

Building Base Area

Parking lot landscape for:

Public and employee parking areas

Fleet parking

Total minimum landscaping and open space

(includes all landscape areas)

Dimensional Development Standards

0.45

No maximum building size

45 ft.

80 ft. (6 story limit)

(see Section 3.2.2.E for setback and upper level step back provisions)

35 ft. < 45 ft. of height

Plus ½ ft. for each 1 ft. over 45 ft. height

30 ft. < 45 ft. of height

Add ½ ft. for each 1 ft. over 45 ft. height

30 ft.

15 ft.

20 ft. plus ½ ft. for each foot over 25 ft. height

40 ft. plus 1/2 ft. per 1 ft. over 25 ft. height

The sum of minimum base area depths of the adjacent

buildings per Table 6.3.11.B.2

Per building code. Min. 20 ft. if used as walkway

Per building code. Min. 12 ft. if used as walkway

See Articles 6.1, 6.2 and 6.3

Per Table 6.3.5

Per Section 6.3.11

Per Section 6.5.6 and Article 6.3

7 ft. perimeter landscape screen

No interior landscape required.

20% of site

Section 3.7.1

Purpose

The Agricultural Residential (AR) Zone is intended for agricultural uses and the homes of Community

members and their families. It also accommodates other uses that are a necessary part or extension

of agricultural operations or which serve the collective needs of the Community members.

Section 3.7.2

Permitted Uses

The Land Use Table in Chapter 4 (Table 4.1) establishes the uses permitted within the AR Zoning

District.

Section 3.7.3

Multifamily and nonresidential uses

Multifamily structures within the AR Zoning District and permitted non-residential uses require design

review approval and shall use the SRP-MIC Design Standards and Guidelines to help ensure

development of a quality living environment and compatibility with adjacent existing or future

residential and agricultural uses.

Section 3.7.4

District development standards

A. All uses and development in the AR Agricultural Residential zoning district shall comply with the

related dimensional standards described in this Section, Table 3.7, and the applicable standards

and regulations of this ordinance, except as specifically exempt.

B. Fences, hedges, and walls. Fences, hedges and walls shall not interfere with visual clear zones

at intersections.

C. Access. Each site shall have legal access of at least twenty-five (25) feet in width to a public

street. Access location shall be at least thirty (30) feet from the intersection of local streets or fifty

(50) feet from any arterial or collector street intersection as measured from curb line, flow-line or

edge of roadway shoulder.

D. The minimum property development standards in Table 3.7 apply to residential and agricultural

development in the “AR” Agricultural Residential Zoning District and to residential and agricultural

development in all other zoning districts. The standards are minimums and are intended to allow

flexibility and variety.

Table 3.7 AR District Development Standards

AR – Agricultural Residential

Zoning District

Minimum home site size (net)

Minimum Width

Minimum Depth

Maximum Building Height

Maximum Density

Maximum lot/site coverage (under roof)

Minimum Building Setback from R.O.W of

Front Yard

Primary Structure

Accessory Structure

Street Side Yard

Primary Structure

Accessory Structure

Non-street Side Yard

Primary Structure

Accessory Structure

Rear Yard

Primary Structure

Accessory Structure

Adjacent to Alley

Dimensional Development Standards

Single Family

Multi-Family

10,890 sf.

25 ft.

Dwellings/Acre

n/a

26 ft.

30 ft.

1 dwelling

15 dwellings/acre

unit/home site

45%

Non-Residential

n/a

30 ft.

45%

20 ft.

25 ft.

30 ft.

45 ft.

20 ft.

25 ft.

30 ft.

45 ft.

12 ft.

8 ft.

25 ft.

10 ft.

45 ft.

25 ft.

8 ft.

Reduce setback by

5 ft.

25 ft.

10 ft.

Reduce setback

by 5 ft.

45 ft.

n/a

Per building code

20 ft.

Per building code

20 ft.

Per building code

20 ft.

Minimum Open Space Common Area % of

gross site area

Private outdoor space (per each dwelling for

occupants)

n/a

Streetscape /Landscape setback

n/a

20%

250 sf. or 25% of

floor area of

dwelling unit,

whichever is

Per Table 6.3.5

Building Base Area (see Section 6.2.5)

Primary building entrance

Secondary building entrance and

Building Sides

n/a

7 ft. plus the

width of any

sidewalk

7 ft. plus the width

of any sidewalk

(n/a) to agricultural

uses.

Per Section 6.5.6

and Article 6.3

Per Section 6.5.6

and Article 6.3

(n/a) to agricultural

uses.

Minimum Building Separation

(between buildings on the same site)

Between principal buildings

Between principal and accessory buildings

Where there is a walkway between buildings

Parking lot landscape for:

Residents, Public, and Employees

Per Table 6.3.5

Section 3.8.1

Purpose

The "NR" Zone is intended for open space, wildlife habitat, wetland and environment rehabilitation,

recreation, farming, or the extraction, processing and storing of minerals from the site.

Section 3.8.2

Permitted uses

Uses allowed shall conform to those listed in the Land Use Table in Chapter 4 (Table 4.1).

Section 3.8.3

District development standards

A. All uses and development in the Natural Resource (NR) district shall comply with the related

dimensional standards described in this Section, Table 3.8, the general district regulations and

standards of Article 3.2, and the applicable standards and regulations of the other Chapters of

this ordinance.

B. General Provisions

1. All permanent facilities shall be developed in a manner that blends in with the natural

environment of the surrounding area, has a low profile, and the least visual impact as possible.

2. Natural landscape screens or buffers shall be provided or preserved along the project

perimeter.

3. Removal of existing vegetation shall be the minimum necessary for the development.

4. Restoration plans that specify improvements, time of completion and cost estimates for all

restoration work may be required.

5. A non-revocable letter of credit may be required for use by the SRP-MIC for the completion of

restoration if the restoration is not completed at the agreed-upon level and on the agreed-upon

schedule according to the approved restoration plan.

Table 3.8 NR District Development Standards

NR - Natural Resources

Zoning District

Maximum Floor Area Ratio

Maximum Building Size (gross floor area)

Maximum Building Height

Minimum Building Setback from R.O.W of

Urban or Rural Arterial or Collector Street,

Highway or Freeway

Rural Minor Collector

Urban or Rural Local Street

Side/Rear property line

Adjacent to all Zoning Districts except LI

Adjacent to LI district

Adjacent to A/LDR land use area

Minimum Building Separation

(between buildings on the same site)

When any primary or secondary building frontage

is between buildings

Between building sides of primary buildings

Between primary and accessory buildings

Between accessory buildings

Minimum Open Space and Landscaping

Streetscape / Landscape setback

Building Base Area

Parking lot landscape for:

Public and employee parking areas

Fleet parking or equipment storage

Total minimum landscaping and open space

Section 3.9.1

Dimensional Development Standards

0.25

No maximum building size applies

40 ft.

30 ft.

20 ft.

50 ft. plus 5 ft. per 1 ft. of structure height over 25 ft.

The sum of minimum base area depths of the

adjacent buildings per Table 6.3.11.B.2

Per building code. Min. 20 ft. if used as walkway

Per building code. Min. 12 ft. if used as walkway

See Articles 6.1, 6.2 and 6.3

Per Table 6.3.5

Per Section 6.3.11

Per Section 6.5.6 and Article 6.3

7 ft. perimeter landscape screen

No interior landscape required.

15%

Purpose

The intent of the OS zoning district is the preservation of the predominantly open lands in the

Community and maintenance of the natural desert characteristics of the area.

Section 3.9.2

Uses allowed

Uses allowed shall conform to those listed in the Land Use Table in Chapter 4 (Table 4.1).

Section 3.9.3

District development standards

The general district development standards shall be the same as those used in the AR district. The

Zoning Administrator may modify these standards to reduce the impact of development or to maintain

the natural desert character of the area.

Section 3.9.4

Design standards in elevated and hillside areas

Development in the OS zoning district where the terrain has a natural grade of ten (10) percent (a

vertical rise of 10 feet in a horizontal distance of 100 feet) or greater, or which is elevated such that

development will have a significant visual impact shall conform to this Section.

A. Site grading.

Grading is limited to the area necessary for proposed improvements.

1. Grading shall be designed to:

a. Conserve natural topographic features and appearances, including natural drainage

courses and existing vegetation to the extent practicable.

b. Blend graded slopes and benches with natural topography.

c. Undulate the finished grade in a manner similar to the natural topography in the vicinity of

the site.

d. Control drainage in a manner that does not concentrate storm water runoff and cause

erosion.

2. No cuts and fills or clearing shall occur in areas with slopes in excess of twenty-five (25)

percent.

3. Cuts and fills shall not exceed twenty (20) feet in height from the toe of the fill to the top of the

cut including the heights of any retaining walls.

4. Cuts are preferred to fills where the slope of fill material exceeds three (3) foot horizontal to

one (1) foot vertical (3:1) or where it would be difficult to re-vegetate with native plants.

5. To achieve the maximum concealment of cut slopes adjacent to proposed structures, cut

slopes around the structure shall extend the least practicable distance from the structure.

6. The visual impact of grading shall be minimized by doing most of the cut under the structures

and incorporating retaining walls into the structure.

7. All graded areas shall be protected from wind and water erosion using acceptable slope

stabilization methods.

8. Exposed retaining walls shall not exceed six (6) feet above finished grade and be constructed

of materials that blend with the surrounding natural area. Where a higher wall is required,

multiple parallel retaining walls shall be part of a tiered or terraced retaining wall system with at

least four (4) feet of horizontal landscaped area between walls.

B. Site selection for structures.

1. Breaking the silhouette of the background landforms shall be avoided. Locate structures where

existing land forms serve as backdrops rather than the sky as viewed from the residential

areas of the Community, and

2. Choose sites that have the smallest visual impact as viewed from the residential area of the

Community.

3. Unique geological features, such as rock outcroppings or cliff faces shall not be disturbed.

Special care shall be taken in the design of sites so that those features are preserved.

C. Architecture building materials and other improvements

should blend with the surrounding area. See SRP-MIC

Design Standards and Guidelines.

1. Design structures to fit the site to the extent

possible, minimizing modification of the site to fit the

proposed structures.

2. Design buildings and structures to blend into the

surrounding natural environment:

D. Re-vegetation/Restoration.

1. Site disturbance shall be minimized.

2. Re-vegetation and restoration shall conform to

applicable standards in Sections 6.3.3 and 6.3.4.

3. Construction equipment and stockpiled soils shall

only be stored in areas that are to be disturbed

during construction, such as roadway, driveway, and

structure locations and in previously disturbed areas

whenever possible.

4. All periphery areas disturbed by construction activity

and all imperious areas on the site shall be revegetated in a manner and density similar to or

higher than that existing prior to construction in a

manner that blends into the surrounding area.

5. Restoration plans providing improvements, time of

completion and cost estimates for all restoration

work may be required along with a non-revocable

letter of credit for use by the SRP-MIC for the

completion of the restoration, if the restoration is not

completed to the agreed-upon level and on the

agreed-upon schedule according to the approved

restoration plan.

Visual impacts of structures and

buildings should be minimized, as

follows:

o Use native materials on surfaces

to the extent possible.

o Use material colors and textures

that match those in the

surrounding natural environment.

o Break up large continuous tall or

wide building facades, create a

diversity of massing to reduce the

apparent size of structures, or

divide a structure into separate

modules and/or use different

materials in different sections.

o Orient walls to match adjacent

vertical surfaces so lighting plays

on the walls in a manner similar

to that in adjacent areas, where

applicable.

o Articulate wall planes at various

levels and provide a variety of

solid and void elements that

correspond with the surrounding

area and/or use planters and

native landscaping to break-up

and mask the wall plane.

o Use native landscaping adjacent

to walls to provide a screen and

break up the mass of the

structure and direct any storm

water runoff to the landscaped

areas to enhance plant health

and growth.

Chapter 4

Land Uses and Specific Use Standards

Section 4.1.1

Uses Permitted within Zoning

Districts

A. The uses allowed in the various zoning districts are listed in

Table 4.1, referred to as the “Land Use Table” throughout

this ordinance.

B. Uses in all of the zoning districts are required to obtain

applicable approvals (Chapter 2), comply with applicable

General Development Standards (Chapter 6), District

Development Standards (Chapter 3), the provisions of any

applicable Overlay District and any applicable specific use

standards in this Chapter 4 and Chapter 7.

The various uses allowed in each

zoning district were selected based

upon a variety of criteria, including how

well they meet the purpose of the

zoning district, how compatible they

are, how well they function with other

uses in the same district and where the

zoning district is located.

C. All uses shall comply with all other applicable legal requirements.

The Land Use Table is arranged to make it easier to find a specific type of use and to determine in

which zoning district that use is permitted.

The first column of the table, with the heading “General Land Use Category” lists and describes

the general types of land uses in which the individual users are grouped.

The second column, under the heading “Principal Use”, lists uses that fit within the description

of the general use category. The uses listed are intended to be examples and include

analogous uses. Detailed definitions of the principal uses are provided in Chapter 8 of this

ordinance. (See Section 4.1.3 for uses not listed in the Land Use Table). If the use is not

defined in Chapter 8, the commonly used definition applies.

The symbols under the “Zoning Districts” heading, (AR, C1, C2, C3, LI, AP, OS, and NR)

represent the various Zoning Districts. These districts are defined in Chapter 3 and the Zoning

Map indicates the areas of the Community where they apply.

Section 4.1.2

Use and Interpretation of the Land Use Table

A. The symbols listed in the same row of the principal use (A, AC, C) indicate the status of that use

within the zoning district listed at the top of the column. The meaning of the symbols is described

below:

1. “A” - ALLOWED USE. An "A" in the Land Use Table (Table 4.1) indicates the principal

use is allowed within the zoning district.

2. “AC” - ALLOWED WITH CONDITIONS. An "AC" in the Land Use Table (Table 4.1)

indicates the principal use is allowed within the zoning district if the proposed use meets

the specific use standards related to that use in Article 4.2, and as listed in Table 4.2. Uses

that do not meet the specific use standards may be permitted with a Conditional Use

Permit approved by the Community Council.

3. “C” - CONDITIONAL USE. A "C" in the Land Use Table (Table 4.1) indicates the principal

use is only permitted in the zoning district if the Community Council approves a Conditional

Use Permit as described in Article 2.8. These uses are allowed on a case-by-case basis

and may not be appropriate in all locations within a zoning district.

4. BLANK. Blank spaces in the Land Use Table (Table 4.1) indicate the principal use is not

allowed within the zoning district unless otherwise allowed by a use variance, an overlay

district, or by another provision of this zoning ordinance.

5. “P” – PROHIBITED. A “P” in the Land Use Table (Table 4.1) indicates that the use is not

permitted under any circumstances.

B. Accessory uses. Unless otherwise stated in this ordinance, accessory uses are allowed in

conjunction with an existing principal use and are subject to the same regulations as the principal

use.

C. Temporary uses. Uses or activities that are temporary may be permitted through a Special Use

Permit. Special Use permits are addressed separately in the SRP-MIC Code of Ordinances.

Section 4.1.3

Interpretation of uses and uses not listed in the Land Use Table

A. Analogous uses.

1. The Zoning Administrator may make an interpretation that a use not specifically listed is

analogous to a use that is listed in the Land Use Table.

2. Uses determined to be analogous to a use listed in the Land Use Table:

a. May be allowed, allowed with conditions, allowed with a conditional use permit or not

allowed within particular zoning districts, similar to the most similar use listed in the Land

Use Table.

b. May be required to meet specific use standards.

3. The Zoning Administrator’s decision is final for administrative determinations of analogous

uses.

4. Applicants may apply for a text amendment or use variance in lieu of the Zoning

Administrator’s interpretation.

5. Methodology. The provisions that apply to a land use will be determined giving

consideration to the following:

a. For principal uses:

1). General description of the land use category.

2). Purpose and location of the zoning district.

3). Characteristics of the other uses permitted in the zoning districts with and without

conditions.

4). Type and number of customers served by the use.

5). Number and type of employees in the use.

6). Amount and type of traffic generated by the use.

7). Hours of operation.

8). General scale of the proposed use compared to the scale of other uses in the same

category or zoning district.

9). Vehicles and equipment used or associated with the operation of the use.

10). Potential for adverse impacts between the use and other allowed uses in the zoning

district.

11). Potential for adverse impacts between the use and the uses allowed in adjacent zoning

districts.

12). Extent to which adverse impacts of a use can be mitigated and the practicability of

necessary conditions and mitigation measures.

b. For accessory uses:

13).

The amount of site area or floor space and equipment devoted to the activity

compared to the principal use.

14).

Relative amounts of sales from the use compared to the principal use.

15).

How the use typically advertises itself and the proposed signage.

16).

Whether the activity is likely to operate independently of the principal use on the site.

17).

The customer type for the use compared to that of the primary use.

18).

The relative number of employees in the use or activity compared to the principal use.

19).

The typical building and site arrangement in relation to the principal use.

B. Record of Interpretations. A record of all interpretations of this ordinance shall be maintained in

the Community Development Department.

Table 4.1 Land Use Table

Key: A – Allowed; AC - Allowed with conditions; C – Requires Conditional

Use Permit; Blank – Use is not allowed; P – Prohibited.

GENERAL LAND USE CATEGORY

PRINCIPAL USE

ZONING DISTRICTS

AR C1 C2 C3 MB LI

AP OS NR

AGRICULTURAL

Use of land for farming of crops,

pasturing and animal husbandry,

including directly related accessory

structures and activities.

Animal husbandry

Animal sanctuary

Apiaries and honey extraction

Auction (agricultural products,

equipment)

Commercial stables

Community garden

A A A A A

Composting (commercial for sale)

Dairying

Farm center

Farming

A A A A A

Feed store, Agricultural supply store,

C AC AC

Saddle and Tack shop

Feedlots, Factory farming

P P P P P

Maintenance/repair, rental shop, for

agricultural equipment (as a business)

Open grazing

Packing House for agricultural

products produced within SRP-MIC.

Pasturing of livestock

AC AC AC AC AC

Plant nursery (wholesale)

Processing or curing agricultural

products produced within SRP-MIC

Produce stand

AC AC AC AC AC

Riding academy

Slaughtering animals commercially

P P P P P

Worker housing - Agricultural

AC AC

P P P

AC AC

RESIDENTIAL

Residential –Dwellings for members of Single family dwelling

the SRP-MIC and their families only. Multifamily dwellings

Transitional housing

Mobile home park

Group home

Halfway house

Senior housing/Independent senior

living facility

Home occupation and related

accessory building(s)

Live work (for Community Members)

AC AC AC AC AC AC AC AC

Table 4.1 Land Use Table

Key: A – Allowed; AC - Allowed with conditions; C – Requires Conditional

Use Permit; Blank – Use is not allowed; P – Prohibited.

GENERAL LAND USE CATEGORY

PRINCIPAL USE

ZONING DISTRICTS

AR C1 C2 C3 MB LI

AP OS NR

INSTITUTIONAL & CIVIC

Community Services -- Government

facilities through which services are

provided for the SRP-MIC by or on

behalf of the SRP-MIC government.

Correctional/Law enforcement -detention or correctional related

government services by and for the

SRP-MIC.

Animal shelter/Pound

Crematorium

Federal government agency offices or

services

Morgue

Mortuary/Funeral Home

Post office

Public safety and emergency

response station (e.g., police, ranger, A

fire, ambulance)

Public or private school, K- 12th grade A

Senior center

SRP-MIC General Community

Services (general government and

human services, public Community

facilities)

SRP-MIC public works facilities

(equipment yard, maintenance and

repair shop, material storage)

A AC

Court house/Justice center

Probation or parole office

C AC AC AC

Riding and hiking trails (recreational)

Cultural - facilities providing for the

cultural, religious, recreational, social,

intellectual and artistic activities and

manifestations primarily for the

Community.

Cemetery , Columbarium, Mausoleum

Library, museum, cultural center, art

gallery

Memorial hall, Cry house

Places of worship, (20,000 sf. or less

on-site)

Correction center and detention

facilities (Jail, Honor camp,

Reformatories, Juvenile center)

Community Recreation - indoor or

Community center/Youth activity

outdoor facilities that provide active or center

passive recreation opportunities for

Club or Lodge, Social Club, Charitable

the SRP-MIC members.

organizations

Community park with active recreation

facilities (e.g., public swimming pools,

playgrounds, recreational sports fields

and courts )

Fairgrounds

Neighborhood center

Neighborhood park

Table 4.1 Land Use Table

Key: A – Allowed; AC - Allowed with conditions; C – Requires Conditional

Use Permit; Blank – Use is not allowed; P – Prohibited.

GENERAL LAND USE CATEGORY

PRINCIPAL USE

Places of worship, (20,001 sf. or