# Salt River Pima-Maricopa Indian Community

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URL: https://www.frixlaw.com/law-library/documents/tribal%3Asalt_river_community%3A1871b661c9d26a3b

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

Salt River Pima-Maricopa Indian Community
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repealed. Therefore, the Zoning Ordinance (SRO-74-82) is hereby repealed in its entirety,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.
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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:
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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.

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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.
4

Duties and Powers.
1.

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.
3.

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

4.

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

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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.
6

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.
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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.
b.

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.
8

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.

9

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.

10

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.
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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.
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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.
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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.

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 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.

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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:

23

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.

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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.
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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.

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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:
AR

Agricultural/Residential

C1

Village Commercial

C2

Community Commercial

C3

General Commercial

MB

Mixed Business

LI

Light Industrial

AP

Administrative/Public Services

OS

Conservation/Open Space

NR

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.

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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:
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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.
2.
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.
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I.

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.
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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

31

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
AR
55
45
C1
65
55
C2
65
55
C3
65
65
MB
65
65
LI
70
65
AP
65
55
OS
55
45
NR
60
45
NR
70
55
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.
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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.
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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.

34

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.
b.

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.
35

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.

36

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

37

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.
f.

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,
38

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.

39

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
C1
C2
C3
0.25
0.25
0.25
0.45
0.45
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
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.
C1
C2
C3
18%
18%
18%

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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

41

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
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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Asalt_river_community%3A1871b661c9d26a3b. Public record. Not legal advice.