/Salt River Pima-Maricopa Indian Community (2026)

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/Salt River Pima-Maricopa Indian Community

10005 East Osborn Road

Scottsdale, Arizona 85256

ORDINANCE NUMBER: SRO-XXX-202X

TO AMEND ZONING THE ORDINANCE (SRO-467-2015 and SRO-478-2016) 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-467-2015 and SRO-478-2016) of the Salt River Pima-Maricopa Indian

Community, as codified in Chapter 25 of the SRP-MIC Code of Ordinances providesd in Article

2.6 that it may be amended, supplemented, modified or repealed. Therefore, the Zoning

Ordinance (as amended by SRO-467-2015 and SRO-478-2016) is hereby repealed in its entirety,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 Article 2.6 of SRO-467-2015 and SRP-MIC

Administrative Policy 1-20, as follows:

Amendments

Name

Ordinance

Date Approved

Changes

Revised Zoning Ordinance

SRO-467-2015

July 1, 2015; Effective

July 31, 2015

Repealed SRO-74-82 and

replaced with new Chapter

25, SRO-467-2015

2016 Technical

Amendment

SRO-478-2016

December 9, 2015

Revised Article 2.5

Community Council

Approval Process

20236 Amendment

Repealed SRO-467-2015

and SRO-478-2016 and

replace with SRO-XXX202X.

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 Processes ......................................................................... 14

Article 2.5

Community Council Approval Process .................................................................... 13

Article 2.6

General Plan Amendments ..................................................................................... 16

Article 2.7

Zoning Map Amendments (Rezoning) ..................................................................... 15

Article 2.8

Zoning Ordinance Text Amendments ...................................................................... 17

Article 2.9

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

Article 2.10

Dimensional Variances ........................................................................................... 17

Article 2.11

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

Article 2.12

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

Article 2.13

Development Review .............................................................................................. 22

Article 2.14

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

Article 2.15

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

Article 2.16

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

Article 2.17

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 ............................................................... 33

Article 3.4

Commercial (C1, C2, C3) Zoning Districts .............................................................. 34

Article 3.5

Mixed Business (MB) Zoning District ...................................................................... 37

Article 3.6

Light Industrial (LI) Zoning District .......................................................................... 38

Article 3.7

Agricultural Residential (AR) Zoning District ........................................................... 39

Article 3.8

Natural Resource (NR) Zoning District .................................................................... 41

Article 3.9

Open Space (OS) Zoning District............................................................................ 42

Chapter 4 Land Uses and Specific Use Standards .......................... 44

Article 4.1

Land Use Table ...................................................................................................... 44

Article 4.2

Specific Use Standards .......................................................................................... 55

Article 4.3

Conditional Use Standards ..................................................................................... 63

Chapter 5 Overlay Districts .............................................................. 66

Article 5.1

General Provisions ................................................................................................. 66

iii

Article 5.2

Planned Development Overlay District (PD) ........................................................... 67

Article 5.3

Floodplain Overlay District (FP) .............................................................................. 70

Article 5.4

Pima Corridor Overlay District (PC) ........................................................................ 71

Chapter 6 General Development Standards and Regulations ......... 73

Article 6.1

Applicability ............................................................................................................ 73

Article 6.2

Site Planning .......................................................................................................... 73

Article 6.3

Landscaping ........................................................................................................... 74

Article 6.4

Storm Water Management ...................................................................................... 86

Article 6.5

Circulation .............................................................................................................. 88

Article 6.6

Building Design ...................................................................................................... 91

Article 6.7

Parking Requirements and Standards .................................................................... 93

Article 6.8

Outdoor Lighting ................................................................................................... 109

Article 6.9

Signs .................................................................................................................... 118

Chapter 7 Supplemental Regulations ............................................ 143

Article 7.1

Wireless Communications Facilities (WCF) .......................................................... 143

Chapter 8 Definitions and Measurements ..................................... 154

Article 8.1

Purpose ............................................................................................................... 154

Article 8.2

Interpretation and Rules of Construction ............................................................... 154

Article 8.3

Measurement and Calculations............................................................................. 155

Article 8.4

Specific Definitions ............................................................................................... 156

Exhibits

Exhibit A: Official Zoning Map of the SRP-MIC........................................................................... 187

Chapter 1

General Provisions and Administration

Section 1.1.1

Short Title

Relationship to General Plan and

other planning documents

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:

The values and aesthetic historic references of the

Onk Akimel O’odham (Pima) and Xalychidom

Piipaash (Maricopa) people.

Creating a convenient, attractive and harmonious

Community.

Protecting the cultural, historical, natural and

scenic resources.

Preserving significant lands.

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 best management practices.

Allowing an appropriate level of intensity of

commercial development and maintaining a rural

setting for residents of the Community in the

Community member areas.

Safety from fire, flood and other dangers.

Reducing or preventing congestion in the streets

and providing safe, convenient access.

Providing adequate access to sunlight and flow of

air.

Preserving the dark night sky.

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 Policies as amended are

supplemental to this Zoning

Ordinance. They communicate the

intent of the ordinance and are

applied in the Development Review

process.

Using the Design Standards and

Policies 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.

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.

Avoiding hazards and nuisances to Community members 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 flood, wildfire, tornado, earthquake 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 government 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 human-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

Nonconforming 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:

A legal nonconforming use may expand on the same lot or parcel 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 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.

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.

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.

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.

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

this ordinance.

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:

There are overriding archaeological or historic preservation regulations, requirements or

findings;

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

operation; or

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 twelve (12) months or greater, further

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

amended.

Plans approved through Development Review. Plans approved through the Development

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 construction permit is

submitted within two (2) years of the effective date of this ordinance, and vertical building

construction commences within one (1) year of building permit issuance. 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 Development Review. Complete Development Review applications

received 30 (thirty) or more business days before the effective date of this ordinance may choose

to have the plans governed by the provisions of SRO-467-2015 and SRO-478-2016 in their

entirety subject to subsection C above or to have the plans governed by the provisions of this

ordinance in its entirety. Development Review applications received after the effective date of

this ordinance are subject to 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

Holds Community hearings, and approve, approve with conditions, or deny the following

applications, requests and appeals:

Zoning Ordinance Text Amendments.

Zoning Map Amendments.

Conditional Use Permits.

Variances (Dimensional and Use).

Appeals.

Establish minimum and maximum penalties for violations.

Carries 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 Community

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

Development Review Committee

Creation. The SRP-MIC Council may create a Development Review Committee to review and

approve Development Review applications not eligible for the administrative process in Article

2.4. If the SRP-MIC Council elects not to create a Development Review Committee the duties to

review and approve Development Review applications shall fall to the Zoning Administrator as

authorized in Section 1.2.6.E and subject to Section 1.2.4.C.

Purpose. The purpose of the Development Review Committee is to review the qualitative and

culturally relevant aspects of proposed development projects for consistency with the

Community’s design-related goals, policies and regulations as stated in the General Plan, Zoning

Ordinance, SRP-MIC Design Standards and Policies, and other relevant regulatory or policy

documents) and to encourage high quality development that reflects the Community’s culture.

Duties and Powers.

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

applications.

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

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

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

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

standards and/or related administrative procedures.

The Development Review Committee’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.

Development Review Committee Scope and Purview.

Cultural response and sensitivity.

The design aspects

considered by the Development

Review Committee and the

Community’s expectations of

development are illustrated in

the SRP-MIC Design

Standards and Policies.

Master Plans and Site Plans.

Architecture and exterior building design.

Vehicle and pedestrian circulation.

Safety.

Landscape and hardscape improvements.

Contextual relationships.

Design response to the desert environment.

Exterior lighting.

Sign plans and signs.

Grading and drainage.

Utilities.

The Development Review

Committee’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.

Above ground infrastructure of significant scale such as bridges, water storage tanks,

communication towers, and bus stop shelters as determined by the Zoning Administrator.

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

super graphics and banners.

Design topics illustrated in the SRP-MIC Design Standards and Policies.

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

locations.

Design Standards and Policies

E.D. Organization.

The Development Review Committee consists of seven (7) members who are appointed by

and serve at the discretion of the CDD Director.

The composition of the Committee includes:

Community members.

Individuals 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.

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

knowledge to support the Development Review Committee, may participate in an advisory

capacity in the Development Review Committee meeting. These may include, but are not

limited to, persons with expertise in:

The Community’s culture.

The environment.

Design.

Building and construction.

Landscaping.

The Community Development Department Planning Services Division serves as staff for, and

acts in an advisory capacity to the Development Review Committee.

F.E. Meetings. The Development Review Committee shall meet on an as-needed basis, as called by

the CDD Director.

G.F. Proceedings. The CDD Director may create procedures and protocols for the Development

Review Committee.

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 the Development Review Committee and other working

groups 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 applications eligible for the administrative

review process, including, but not limited to:

Development Review applications.

Permit applications for signs and applications for comprehensive sign plans.

Use Review applications.

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

this ordinance, prior approvals and conditions of approval.

Modifications to conditions of approval related to approved development plans and

comprehensive sign plans.

Modifications to planned development districts as described in this ordinance.

Variances to dimensional standards or dDeviations from district and development standards

as specifically permitted in this ordinance.

Special Use Permits (SUP).

F. 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:

Construct, erect, install, alter, change, maintain, or use of 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.

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

time of approval of any zoning permit or application.

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.

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:

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 or personal service;

or five (5) calendar days after mailing.

2). The notice shall:

a). Identify the location of the violation.

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

to remedy the violation.

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

required remedial actions, taking into account relevant information, conditions,

and concerns related to the violation.

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

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

notice that the person will be fined for each day the violation persists and that , if

the fine is not paid or the violation remedied, the person may be charged with a

civil offense.

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

violation continues beyond the time permitted for remedial actions.

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

Officer when the violation has been completely remedied.

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

Officer.

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:

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:

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

ordinance violated.

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.

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.

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.

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:

An appeal shall be made, in writing, within ten (10) 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.

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.

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

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

exists.

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

Community is posted.

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.

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 government Finance Department.

Payment must be delivered or received by mail by the SRP-MIC government Finance

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

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.

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

violations of the Zoning Ordinance.

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.

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.

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.

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

exists.

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

civil action.

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.

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

Community for enforcement costs.

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

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

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

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

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

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

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

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

Chapter 2

Application, Review and Approval Processes

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

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

approximate and actual processing times may vary from those stated.

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 thr ough the applicable

application and approval process in this Chapter.

B. Applications submitted for General Plan amendment, Rezoning, Conditional Use Permit,

Dimensional Variance, Use Variance or Development Review require signature approval of the

individuals or master lessee in control of the subject property through land ownership or business

lease, or may be initiated by the Community Council, Community Manager, CDD Director or Land

Management Board.

Applications filed by or on behalf of subject property landowners require written consent from

the owners of the majority interest in each allotment included in the application.

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 or Zoning Administrator. Application fees will not be refunded.

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 by Council, 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 pertain ing 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 government through any process in this ordinance may be

suspended, revoked or terminated by the official or decision-making body that granted the approval or

permit as described below:

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

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

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

The notice shall state:

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

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

such action must be completed.

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

or termination.

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

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

agreement.

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

official or SRP-MIC government body that granted approval of 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 government 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 government 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 acc ompanied by proof of payment of

required fees.

Section 2.2.4

Preliminary Application Process

After reviewing the information provided by the applicant, the staff and other SRP -MIC

government 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. Staff will complete the review within approximately thirty (30) business days from the time of

receipt of a complete preliminary application.

Preliminary Review Meeting: 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 staff and other departments and

divisions and will answer questions about SRP-MIC

government requirements and processes.

D. The preliminary review meeting concludes the

preliminary review application.

E. The Zoning Administrator will determine the formal

application and approval processes required with the

preliminary review.

Section 2.3.1

Statements and representations of

staff and the applicant during the

preliminary application process are

to be considered informal only and

not conclusive or binding on either

party.

The conclusion of the preliminary

review does not preclude

subsequent discussions between

the staff and the applicant prior to

the formal application.

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. Conforms to the zoning ordinance and other legal requirements of the Community.

3. Includes all additional information requested.

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

permits, or known variances or deviations..

5. Includes proof of payment of required fees.

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, 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 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, engi neering, 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.

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 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.

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

It is the responsibility of the

applicant to follow-up and

respond in a timely manner to

staff comments. A slow applicant

response time or inadequate

response to staff comments will

delay the application process.

Section 2.4.1

Eligibility

A. Applications that may be eligible for administrative approval as

determined by the Zoning Administrator include:

Administrative Approval

1. Preliminary Review and

determination of eligibility

1. Applications requiring Development Review per Article

2.134.

2. Formal Application

and CDD Review

2. Dimensional variances that represent a fifteen (15) percent

or smaller variation from a development standard.

3. Zoning Administrator’s

Decision

3.2. Dimensional variances that represent a thirty (30) percent

or smaller variation from a district or development

standard for Community services and support housing

uses in the AR and AP zoning districts.

3. Deviations from a district and development standard as

permitted in Article 2.12.

4. .Wireless Communication Faciltiies (WCF) Type 1 Section

7.1.6 and Type 2 Section 7.1.7.

Larger dimensional and all

non-dimensional variance

applications require

Community Council approval

through the Community

hearing process.

5. Use Reviews in the MB and LI zoning districts, in accordance with Article 2.13 in lieu of

Section 2.4.3.

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 government departments after the preliminary application and formal

application processes described in Articles 2.2 and 2.3.

Section 2.4.3

Decision

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

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

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

the project.

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

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

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

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

Applications requiring approval by the Community Council shall be

determined after the preliminary application and formal application

review processes described in Articles 2.2 and 2.3 and the

Community hearing process by the Land Management Board and

Community Council as described in this Article.

Section 2.5.1

Community Hearing Notification

A. Community notice as described in this section shall precede

Community hearings by the Land Management Board and

Community Council. Community hearing notices shall contain:

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:

The applicant.

The landowners and all authorized spokespersons of the allottee landowners of the land that

is the subject of the application.

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.

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

the Community notice for the various applications.

E. 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, Development Review Committee 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, Community

notification shall be provided before any new Community hearing.

Section 2.5.2

Land Management Board (LMB) Community Hearing

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

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

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

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

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

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

the LMB shall set a Community hearing and within thirty (30) calendar business days shall hold a

Community 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 Community 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. Within thirty (30) calendar businessday after the conclusion of the Community hearing, the LMB

shall 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.

Section 2.5.3

Community Council Community 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 Community hearing, allowing adequate time for preparation of required documents, legal

review and Community 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.

Notice of Decision.

1. The Community Development Department will provide written notice of its decision to the

applicant within ten (10) business days after the decision.

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.

Community Council may adopt and make amendments to the

Community’s General Plan.

Section 2.6.1

Review Process

Applications for General Plan amendments shall follow the

application processes described in Articles 2.1, 2.2, 2.3 and

2.5.

In reviewing and approving General Plan amendments, the

Community Council may consider, among other factors:

Consistency with the policies and goals of the Community.

Orderly timing of development.

Compatibility with the neighboring areas.

Impact on the Community resources.

Alternative uses for the site.

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

Section 2.7.1

2. Formal Application and

Review

Review Process

Applications to amend the Zoning Map, including Planned

Development Overlay rezonings, are processed following the

preliminary application and formal application processes described

in Articles 2.2, 2.3 and 2.5.

3. Community Notice

Section 2.7.2

6. Community Council

Community Hearing

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.

4. Land Management Board

Community Hearing

5. Community Notice

7. Council Decision

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

applicable development standards become legal nonconforming.

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

specifically addressed by the amendment.

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

government ordinance adoption policy.

Applications for text amendments shall follow the application processes described in Articles 2.1,

2.2, 2.3 and 2.5.

Section 2.8.1

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, 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.

Section 2.9.1

Conditional Use Permit

1. Preliminary Review

Applicability

This Article applies to uses and buildings that require a

conditional use permit approved by the Community Council.

Section 2.9.2

3. Community Notice

4. Land Management Board

Community Hearing

Review Process

A. Applications for a conditional use permit are made following

the application processes described in Articles 2.1, 2.2, 2.3

and 2.5.

Section 2.9.3

2. Formal Application and

Review

5. Community Notice

6. Community Council

Community Hearing

7. Council Decision

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 and is compatible with the uses existing or planned in the immediate

surrounding area.

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

Plan.

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.

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

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

Examples of compatibility considerations include scale, architecture, intensity, sound

levels, volume and character of traffic, appearance, lighting levels, hours of operation

and potential adverse impacts.

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

Section 2.9.4

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. Requests to modify conditions of approval shall be processed per Article 2.5.

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 2.9.5

Expiration

Conditional Use Permits granted by the Community Council shall expire if the use is not commenced

within seven (7) years of such Council action or within a time period otherwise stipulated by the

Council.

Section 2.10.1

Applicability

A. All development that varies from the dimensional standards of

this ordinance requires prior approval through the formal

application and review processes described in this Article,

except as specifically provided elsewhere in this ordinance and

stated in Section 2.12 deviation from district and development

standards..

Applications for a dimensional variance are made following

the application processes described in Articles 2.1, 2.2, 2.3

and 2.5.

Variance - Administrative

1. Preliminary Review

2. Formal Application

and CDD Review

3. Zoning Administrator’s

Decision

Section 2.10.2

Review Process

A. Dimensional variances from the standards of this ordinance that

are eligible for deviation from standards administrative approval in

accordance with Section 2.4.112 and may be approved by the

Zoning Administrator per Article 2.4.

Variance - Council Approval

1. Preliminary Review

2. Formal Application and

Review

3.Community Notice

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.

4. Land Management Board

Community Hearing

Section 2.10.3

6. Council Decision

Findings

5. Community Notice

5. Community Council

Community Hearing

A. A dimensional variance may be permitted upon the approving

authority’s finding:

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

involved or to the intended use of the property.

Such variance is necessary for the preservation and

enjoyment of a substantial property right of the applicant,

which right is possessed by other property owners under like

conditions in the same zoning district and is the minimum

required to overcome unique circumstances or preservation of

a property right.

The variance is not contrary to the goals or objectives of the

Community’s General Plan and the characteristics of the

development are reasonably compatible with the surrounding

area and not detrimental to the public welfare or injurious to

the use or improvements of adjacent properties,

Dimensional variances

permit specific

development on the

subject property to

vary from the

applicable

development standards

to the extent specified

in the approval.

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.

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

Section 2.10.4

Conditions of Approval

A dimensional variance is related to a specific project and 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.

Requests to modify conditions of approval shall be processed per Article 2.5.

Section 2.10.5 Expiration

Dimensional Variances granted by the Community Council shall expire if the project is not built within

seven (7) years of such Council action or within a period otherwise stipulated by the Council.

Section 2.11.1

Use Variance

1. Preliminary Review

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.

2. Formal Application and

Review

B. Application for a use variance require applicable consents from

landowners of the subject property in accordance with Section

2.1.1.B. of this Ordinance.

6. Community Council

Community Hearing

Section 2.11.2

Review Process

Use Variances are approved by the

Community Council following the

processes described in Articles 2.1,

2.2, 2.3 and 2.5.

Additional Notification. In addition to

the Community notice requirements

in Section 2.5.1 notification of the

hearing will include:

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

zoning districts, adjacent master

lease holders within threehundred (300) feet of the parcel

where the use variance will be

located.

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.

Section 2.11.3

Findings

A. A Use Variance may be permitted

upon the Community Council finding:

3. Community Notice

4. Land Management Board

Community Hearing

5. Community Notice

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.

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, and 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.

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

and 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 .

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.

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

Section 2.11.4

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. Requests to modify conditions of approval shall be processed per Article 2.5. A use variance is not

transferable to another property but is transferable to subsequent users unless otherwise limited

by a condition of approval.

Section 2.11.5

Expiration

A. Use Variances granted by the Community Council expire if the use is not commenced within three

(3) years of such Council action or within a time period otherwise stipulated by the Council.

B. A use variance expires if the use granted is abandoned or discontinued for a period of one (1)

years.

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

intent of the development and district standards are met, to

accommodate temporary uses, specific site restrictions 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.

This includes all Community projects.

Section 2.12.1

2. Zoning Administrator’s

Decision

Applicability

A. Deviations are allowed from the minimum standards required

as stated in the following sections:

Deviation from Standards

1.Formal Application

and CDD Review

for site improvements Article 3.2 General Zoning District

Regulations and Standards

2. Article 3.3 thru 3.9 All Zoning Districts

3. Article 4.2 Specific Use Standards

Examples of allowable

deviations include:

• Variation from the

minimum size (not the

number) of plant materials.

• Use of alternative road or

parking area surfacing

materials.

4. Chapter 6 General Development Standards and

Regulations in Chapter 6 of this Ordinance may be permitted for uses in the AR

Agricultural/Residential, OS Open Space, and AP Administrative/Public zoning districts.

B. Deviations may be considered and granted administratively within the following parameters:

1. Deviations that represent a thirty (30) percent or smaller variation from a district or

development standard for all community government projects to include community support

housing and Enterprise projects.

2. Deviations that represent a fifteen (15) percent or smaller variation from a district or

development standard for non-community government projects.

3. Deviation of a specific use standard as stated in Table 4.2.

Section 2.12.2

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. 10.

Section 2.12.3

Findings

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:

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

Significantly alter the character of the surrounding area or neighborhood.

Create a nuisance or an unsafe or unhealthy condition.

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 2.12.4

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 2.12.5

Expiration/Termination of Approval

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

per Section 2.1.5 if:

The subject development does not meet the conditions of approval described in Sectio n

2.12.4.

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

deviation was approved.

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 2.13.1

An application for a Use Review is required for uses identified in Chapter 4, Table 4.1 with the

symbol “UR”.

Section 2.13.2

Applicability

Review Process

Applications for a Use Review follow the review process decribed in this Section.

Uses designated “UR*” in Table 4.1 are eligible for administrative review to determine whether

the use is allowed, allowed with conditions, or allowed with approval of a Conditional Use Permit

described in Article 2.8.

Applications for Use Review require the operator/owner to provide land use and operational

information including, but not limited to:

1. The nature of the business

2. Typical activities and operational Information

3. Use, handling, storage and use of materials and chemicals

4. Noise, odor, dust, or vibration causing activities

5. Outdoor storage and activities

6. Type and quantity of vehicular trips

7. Interior building floor plan

The applicant may elect to submit an application for Conditional Use Permit in lieu of a Use

Review.

Section 2.13.3

Findings

The Zoning Administrator may approve a Use Review if it finds that:

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

the Community and is compatible with the uses existing or planned in the immediate

surrounding area.

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

Plan.

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

Section 2.13.4

Conditions of Approval

A Use Review is subject to specific conditions the Zoning Administrator may establish to carry out

the provisions and intent of the Zoning Ordinance, to protect the Community’s environment, and

to ensure compatibility with adjacent land uses.

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.

An approved use may not be modified, changed, altered or increased in intensity or character

unless specifically approved by the Zoning Administrator or by approval of a Conditional Use

Permit.

Section 2.14.1Section 2.13.1

Applicability

A. Development Review approval is required for non-residential and

multifamily development.

Individual single-family dwellings and their related accessory

structures or site improvements for Community members are

exempt from Development Review. except when model homes

are proposed within a development project.

The design elements

considered by the

Development Review are

illustrated in the SRP-MIC

Design Standards and

Policies. The design

guidelines do not take

precedence over the

zoning ordinance or other

ordinance provisions.

Section 2.14.2Section 2.13.2

Application Process

Applications may be submitted by the person in control of the property or an authorized

representative.

Applications will follow the application processes described in Articles 2.2 and 2. 3.

The Zoning Administrator shall determine whether an application shall be approved

administratively or through the Development Review Committee.

Development Review decisions are subject to Section 2.13.6 thru 2.13.8.

Section 2.14.3Section 2.13.3

Eligibility

Determination of Administrative Approval

The Zoning Administrator shall determine eligibility for administrative approval. Criteria for

determining eligibility for approval administratively include:

Whether the application is for reasonable modifications to approved development plans.

Modifications to conditions of an administrative or Development Review Committee

approval that do not change the basic intent of the original approval and do not

substantially change the character or impacts of the development.

Scale of development.

Impact on the Community character.

Compatibility with surrounding development.

Conformance with Community Design Standards and Policies , and General Plan.

Applications approved for administrative approval are processed in accordance with Article 2.4

and consider the elements found in Section 2.13.4.B. and 2.13.5.

Applications not eligible for administrative approval are processed through the Development

Review Committee (DRC) process described in Sections 2.13.4 thru 2.13.5.

Section 2.14.4Section 2.13.4

Scope

Development Review Committee Process and

Following the application processes described in Articles 2.2 and 2.3, a Development Review

Committee will convene and review the application.

Development Review considers the following elements:

Cultural response and sensitivity.

Master Plans and Site Plans.

Architecture and exterior building design.

Vehicle and pedestrian circulation.

Safety.

Landscape and hardscape improvements.

Contextual relationships.

Design response to the desert environment.

Exterior lighting.

Sign plans and signs.

Grading and drainage.

Utilities.

Above ground infrastructure of significant scale such as bridges, water storage tanks,

communication towers, and bus stop shelters as determined by the Zoning Administrator.

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

super graphics and banners.

Design topics illustrated in the SRP-MIC Design Standards and Policies.

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

locations.

Design Standards and Policies.

Section 2.14.5Section 2.13.5

Development Review Decision

A. A Development Review decision 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 Policies.

B. Decision:

The applicant will be notified of the Development Review decision within five (5) business

days of the decision.

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.

Approval of a Development Review application does not ensure compliance with zoning

regulations and does not grant variances to ordinance requirements.

Section 2.14.6Section 2.13.6

Appeals

Development Review decisions are final.

Section 2.14.7Section 2.13.7

Development Review approval expiration

A. Development Review approval automatically expires if construction of the development is not

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

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

B. Development for which Development Review approval expires requires a complete new

application and payment of related fees.

Section 2.14.8Section 2.13.8

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 Zoning

Administrator.

B. Time extension application process.

Requests may be submitted in writing to the Zoning Administrator prior to the date of the

approval expiration described in Section 2.13.7 above. The Zoning Administrator shall either

grant or deny a time extension within ten (10) business days.

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 2.15.1Section 2.14.1

Decision making bodies or officials

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

A. Are authorized to impose conditions, including time limits, 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 2.15.2Section 2.14.2

Modify conditions / Extend expiration

A request to modify or remove a condition of approval, or extend an expiration or termination

date shall be made as a new application and shall be approved by the same decision-making

body as the initial request was approved or the condition was imposed.

Council may waive the Community hearing process required in Article 2.5.

Development Review Applications shall follow the processes per Article 2.13.

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

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

Section 2.18.1Section 2.17.1

Permits Required

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

repair, trench, grade, remove, 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 Government

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 an environmental and cultural review is

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

Cultural Resources Department.

Section 2.18.2Section 2.17.2

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.

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

buildings or structures that are found to comply with required Development Review approvals

and any applicable conditions of approval, this ordinance and applicable codes.

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.

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

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

approval.

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 2.18.3Section 2.17.3

Inspections

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

of occupancy, certificate of completion or final approval.

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

compliance with the approved plans and conditions of approval.

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

application, plans, and specifications and approved amendments.

Section 2.18.4Section 2.17.4

Completion

Certificate of Occupancy or Certificate of

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

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

approval and other legal requirements.

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

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

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

certificate of occupancy until as-build drawings are provided.

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

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

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

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

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

improvements.

Chapter 3

Zoning Districts

Section 3.1.1

Purpose

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

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

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

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

areas.

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

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

Section 3.1.2

Zoning Districts

The following zoning districts are established:

Administrative Public

Village Commercial

Community Commercia;

General Commercial

Mixed Businesss

Light Industrial

Agricultural/Residential

Village Commercial

Community Commercial

General Commercial

Mixed Business

Light Industrial

Administrative/Public Services

Open Space

Natural Resource

Open Space

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

Development Department (CDD).

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

for legal description errors provided with Zoning Map amendment applications.

Section 3.1.4

Location of District Boundary Line

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

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

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

elevation contour.

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

than one rule applies, the first applicable rule prevails.

Where a district boundary line is located within, adjacent to and parallel to a street right -ofway or easement, the district boundary will coincide with the centerline of the street right -ofway or easement.

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.

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

or description controls.

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 Open Space (OS).

Section 3.1.6

Annexation

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

government at the time of annexation. If no zoning designation is indicated upon annexation , the land

annexed is automatically designated Open Space (OS) 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 dis tricts.

Section 3.2.2

Regulations and Standards

A. District Modification for Certain Uses.

Agricultural and residential development located within zoning districts other than the AR

district shall comply with the AR district and development standards rather than the standards

of any other district in which they may be located.

Community services and government facilities provided for the SRP-MIC by or on behalf of

the SRP-MIC located on land zoned other than AR or AP shall conform to the district and

general development standards for the zoning district that they are within.

B. Floor area ratio (FAR).

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 permi tted FAR

within the contiguous zoning district.

C. Maximum building size.

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 building is within more than one zoning district, the

smaller maximum building size requirement shall apply to the building.

Maximum Building Size (Building Footprint) vary within each zoning district; however,

buildings greater than 200,000 sq. ft. requires a Conditional Use Permit

D. Maximum building height.

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

limits for building elements as described below:

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 use d in

any way for commercial advertising or for occupancy.

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

the maximum building height.

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.

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

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.

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.

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.

Building base area landscaping is permitted within building setbacks and landscape

setbacks.

Zero lot line construction. 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 cross access or use agreement, easement or

other provision as applicable.

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

Development Review approval and building code

requirements.

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.

Vending machines. Vending machines, automated or selfservice 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:

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.

1). Shall be located within building base areas, plaza, or enclosed areas. In the case of

AP zoned sites, other locations are allowed subject to Zoning Administrator

approval.

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 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 shall comply with signage and illumination levels in Sections

6.8.6 B, 6.8.7 and 6.9.14 B.

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 6.8.7.

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.

J. Noise levels.

Table 3.2.1 Community Noise

Standard

Zoning

Maximum dBA

District

7:00 am – 10:00 pm

10:00 pm

– 7:00 am

A noise level that exceeds the Community noise

standards identified in Table 3.2.1 by five (5) decibels

dBA or more is not permitted.

Sound levels are measured at the boundary of a site

as described in Article 8.3.2 D.

Industrial

Uses

dBA of the sound being measured

is an instantaneous measurement.

If the boundary is between sites in different zoning

districts with different noise standards, the lower noise standard applies at the boundary.

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.

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 10:00 p.m. and 7:00 a.m.

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.

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

above:

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.

This Section may be enforced by SRP-MIC government police officers or other SRP-MIC

government employees designated by the CDD Director.

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.

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

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.

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.

Noise from emergency work.

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

basis.

Noise caused by customary agriculture operations.

K. 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.

L. 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:

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

terminate above the roofline and be directed up.

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

filters and/or other means in common use.

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.

M. Dust.

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

applicable legal requirements.

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

the creation of airborne dust.

N. Smoke.

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

requirements.

O. Waste disposal.

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

Operations shall be conducted in accordance with applicable legal requirements.

P. Hazardous waste materials.

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

with legal requirements.

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.

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

applications for development review and building permits.

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

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

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

the side or rear property lines.

Section 3.2.3

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

area

A. Purpose. This Section is to promote compatibility with existing or potential Community member

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.

A transition area one hundred (100) 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 stated in the district development standards table specific to each

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

district within the A/LDR area.

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.

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

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

Landscape buffers between non-residential uses and residential uses zoned AR and within the

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

Map are required in accordance with Section 6.3.6 Landscape Buffers .

Circulation.

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 combination of these.

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

avoided where other routes are available.

Outdoor storage.

Where allowed, 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 or walls subject to Section 3.6.9.

Refuse containers shall be placed away from the boundary of existing or p lanned home

sites where disturbance of residential uses due to refuse pickup will be minimized .

Light and glare.

Particular attention shall be given to outdoor illumination in the transition area, including

but not limited to parking lot lighting, 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.

Site layout and building design.

Upper story windows shall be situated and designed to limit or avoid visual intrusion and

lighting glare into existing or planned home sites.

Section 3.2.4

Agricultural and rResidential uses

A. Use by Non-community members. Dwellings in all zoning districts shall be for the exclusive

occupancy of Community members and their families.

A.B. Located in non-residential zoning districts. Residential and agricultureal uses located within

zoning districts other than the AR district shall comply wit hteh 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 (AP) zoning district is established to accommodate SRP -MIC civic,

cultural, institutional, medical, educational, housing, service, and other 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. Commercial uses that are secondary, supportive or an

extension of a primary use that predominately serves Community members may be allowed.

B. The development standards and regulations of the AP Zoning District are intended to:

Provide flexibility in locating a broad mix of government, civic and Community services where

they can best serve the Community and its membership.

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.

Encourage quality design and development that reflects the values of the Community.

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.

Non-residential uses other than those referenced in Section 3.3.1 A. above or provided by or on

behalf of SRP-MIC must be located in the Commercial Mixed Use Land Category in the General

Plan and zoned in the appropriate Commercial, Mixed Business or Light Industrial zoning district.

Section 3.3.3

District development standards

A. District development standards for the AP district are shown in Table 3.3.

B. Unless specifically stated, all standards and provisions apply equally to principal and accessory

uses.

C. Maximum Building Height.

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 in accordance with Article Section 2.4.

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

AreaBuilding Footprint)

Maximum Building Height

Within Pima Corridor

Minimum Building Setback

From ROW line or private street back-of-curb of:

Arterial, Freeway or Highway (SR 87)

Collector

Local street

From side/rear property line or site boundary

Adjacent to AR within A/LDR land use category

Minimum Building Separation

(between buildings on the same site)

Between building sides

Between principal and accessory buildings

Dimensional Development Standards

n/a

0.45

No maximum building size 200,000 sq. feet. Greater

than 200,000 sq. ft. requires a Conditional Use

Permit.

40 ft.

80 ft. (6 story limit)

25 ft. plus ½ ft. for each 1 ft. over 45 ft. height

20 ft. plus ½ ft. for each 1 ft. over 45 ft. height

15 ft. plus ½ ft. for each 1 ft. over 45 ft. height

10 ft. plus ½ ft. for each 1 ft. over 45 ft. height or the

minimum base area depth, whichever is more

20 ft. plus 1/2 ft. for each 1 ft. over 45 ft. height

The sum of the minimum base landscape area

depths required of the adjacent buildings per Section

6.3.11 B.2. or building code, whichever is greater

Per building code or minimum 12 ft. if used as

walkway, whichever is greater

Table 3.3 AP District Development Standards

AP - Administrative Public Zoning District

Between accessory buildings

Minimum Landscaping and Open Space

Streetscape / Landscape Setback

Landscape Buffers and Borders

Building Base Area

Parking Lot Landscaping

Total minimum landscaping and open space

(includes all landscape areas)

Dimensional Development Standards

Per building code or minimum 12 ft. if used as

walkway, whichever is greater

See Articles 6.3, 6.5, and 6.7

Per Section 6.3.5

Per Sections 6.3.6 and 6.3.7

Per Section 6.3.11

Per Section 6.7.6 and Article 6.3

18% of site

Village Commercial (C1), Community Commercial (C2) and General Commercial (C3)

Section 3.4.1

Purpose

A. The commercial zoning districts, together, accommodate a full range of office, retail,

entertainment and service uses to serve the needs of the Community, the surrounding area, the

metro area, and visitors from outside the region to help fulfill the economic vitality goals in the

Community’s General Plan.

B. The purpose for establishing multiple commercial zoning districts and related standards and

regulations include:

Accommodating various types, scale, and intensities of commercial uses at appropriate

locations where they best serve the intended market or Community needs.

Grouping land uses to promote compatibility and synergy between adjacent uses.

Minimizing the potential negative impacts between different uses.

Providing a variety of economic and employment opportunities for Community members and

residents.

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.

Promoting site planning and architectural design relevant to the aesthetic values of the SRP MIC.

C. Purpose and Character of Individual Commercial Districts.

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.

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.

Tenants are typically businesses owned by Community members or Community public

agencies that provide services to Community members.

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.

Settings include clusters of small-scale, low-intensity retail, service and office facilities in

a central location that is convenient to the Community residents.

Sites generally range in size less than five (5) acres.

Site layout and architectural designs in Village Commercial areas shall be substantially

reflective of the Community’s culture.

1). Sites should include outdoor gathering areas that accommodate Community activity,

provide spaces for outdoor sales, dining, entertainment and socializing , and support

and accommodate adjacent businesses and services.

2). Circulation is oriented to pedestrian use. Convenient parking areas and drop -offs

enhance short-term visits for patrons while longer-term parking is located at the

perimeters of the site.

3). Views of the mountains from public spaces should be preserved by the arrangement

of buildings and layout of the site.

The Community Commercial (C2) Zoning District meets the general weekly shopping and

service needs of the Community and accommodates small and medium -sized shops, offices,

convenience goods and services, auto service stations, apparel, hardware, groceries, and

similar uses.

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.

Sites generally range from five (5) to twenty (20) acres.

The General Commercial (C3) Zoning District implements the Community’s goals of

economic vitality, employment opportunities and cultural exchange.

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.

The area may also include convenience retail, services, large office uses, and

businesses that support other businesses.

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.

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 commercial

districts.

Section 3.4.3

District Development standards

A. District development standards for commercial zoning districts are shown in Table 3.4.

B. Unless specifically stated otherwise, all standards and provisions apply equally to principal and

accessory uses.

Table 3.4 Commercial District Development Standards

C1, C2 & C3 – Commercial Zoning

Dimensional Development Standards

Districts

Maximum Floor Area Ratio

0.25

Within the Pima Corridor

0.45

Maximum Building Size (Gross Floor Area) 16,000 sf.

50,000 sf.

No maximum size

Maximum Building Size (Building

200,000 sq. feet. Greater than 200,000 sq. ft. requires

Footprint)

a Conditional Use Permit.

Table 3.4 Commercial District Development Standards

C1, C2 & C3 – Commercial Zoning

Dimensional Development Standards

Districts

Maximum Building Height

25 ft.

30 ft.

40 ft.

Within the Pima Corridor

80 ft.

(6 story limit)

Minimum Building Setback

From ROW or private street back-of-curb of: 25 ft. plus ½ ft. for each 1 ft. over 45 ft. height

Arterial, Freeway or Highway (SR 87)

Collector

20 ft. plus ½ ft. for each 1 ft. over 45 ft. height

Local street

15 ft. plus ½ ft. for each 1 ft. over 45 ft. height

From side/rear property line or site boundary 10 ft. plus ½ ft. for each foot over 45 ft. height or

minimum base area depth, whichever is greater

Adjacent AR in A/LDR land use category

30 ft. plus 1/2 ft. for each 1 ft. over 45 ft. height

Minimum Building Separation (between

buildings on the same site)

Between building sides

The sum of the minimum base landscape area depths

required of the adjacent buildings per Section 6.3.11

B.2. or building code, whichever is greater

Between principal and accessory buildings

Per building code or minimum 12 ft. if used as

walkway, whichever is greater

Between accessory buildings

Per building code or minimum 12 ft. if used as

walkway, whichever is greater

Minimum Landscaping and Open Space

See Articles 6.3, 6.5 and 6.7

Streetscape / Landscape setback

Per Section 6.3.5

Landscape Buffers and Borders

Per Sections 6.3.6 and 6.3.7

Building Base Area

Per Section 6.3.11

Parking Lot Landscaping

Per Section 6.7.6 and Article 6.3

Total minimum landscaping and open space C1

(includes all landscape areas)

18%

Section 3.5.1

Purpose

This district accommodates a mix of uses providing employment in commercial, administrative,

professional, research, service, and limited light industrial activities. It is intended for low er intensity

land uses than the LI district, with very low to no environmental impact and low generation of heavyduty truck traffic. It includes convenience commercial retail and service uses that support and

complement nearby employment centers. Buildings in the MB district are expected to share the

architectural character of office or commercial service uses. 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. District development standards for MB district are shown in Table 3.5 .

B. Unless specifically stated otherwise, all standards and provisions apply equally to principal and

accessory uses.

No on-street parking is permitted in the MB district.

Accessory outdoor storage is allowed, unless otherwise noted in this ordinance, if screened from

view in accordance with Section 6.3.9.

Table 3.5 MB District Development Standards

MB - Mixed Business Zoning District

Maximum Floor Area Ratio

Within the Pima Corridor

Maximum Building Size (Building Footprint)

Maximum Building Height

within Pima Corridor

Minimum Building Setback

From R.O.W line or private street back-of-curb of:

Arterial, Freeway or Highway (SR 87)

Collector

Local street

From side/rear property line or site boundary

Adjacent to AR in A/LDR land use category

Minimum Building Separation

(between buildings on the same site)

Between building sides

Between principal and accessory buildings.

Between accessory buildings

Minimum Landscape and Open Space

Streetscape / Landscape setback

Landscape Buffers and Borders

Building Base Area.

Parking Lot Landscaping

Total minimum landscaping and open space

(includes all landscape areas)

Section 3.6.1

Dimensional Development Standards

0.45

200,000 sq. feet. Greater than 200,000 sq. ft.

requires a Conditional Use Permit.

40 ft.

80 ft. (6 story limit)

25 ft. plus ½ ft. for each 1 ft. over 45 ft. height

20 ft. plus ½ ft. for each 1 ft. over 45 ft. height

15 ft. plus ½ ft. for each 1 ft. over 45 ft. height

10 ft. plus ½ ft. for each 1 ft. over 45 ft. height or

minimum base area depth, whichever is more

35 ft. plus 1/2 ft. for each 1 ft. over 45 ft. height

The sum of the minimum base landscape area

depths required of the adjacent buildings per

Section 6.3.11 B.2. or building code, whichever is

greater

Per building code or minimum 12 ft. if used as

walkway, whichever is greater

Per building code or minimum 12 ft. if used as

walkway, whichever is greater

See Articles 6.3, 6.5 and 6.7

Per Section 6.3.5

Per Sections, 6.3.6 and 6.3.7

Per Section 6.3.11

Per Section 6.7.6 and Article 6.3

20%

Purpose

The Light Industrial (LI) district accommodates the development of a broad range of employment

opportunities in an attractive, landscaped development setting. The district is intended for light

industrial uses that have low to no risk for environmental contamination, fire, or explosion. Uses

include light manufacturing and processing, research and development, warehousing, wholesaling,

various trades and office uses. Buildings in the LI district are expected to have architectural character

on all sides of the building, and have design quality compatible with adjacent properties zoning and

development.

Section 3.6.2

Permitted uses

The Land Use Table in Chapter 4 (Table 4.1) establishes the uses permitted within the LI Zoning

District.

Section 3.6.3

District developmentuse standards

District development standards for the LI district are shown in Table 3.6.

Unless specifically stated otherwise, all standards and provisions apply equally to principal and

accessory uses.

No on-street parking is permitted in the LI district.

No outdoor display of merchandise is permitted except as noted in the specific use standards for

businesses primarily involving outdoor sales as described in Tables 4.1 and 4.2.

Accessory outdoor storage and accessory outdoor work is allowed, unless otherwise noted in this

ordinance, if screened from view in accordance with Section 6.3.9.

District development standards for the LI district are shown in Table 3.6.

Unless specifically stated otherwise, all standards and provisions apply equally to principal and

accessory uses.

No on-street parking is permitted in the LI district.

Table 3.6 LI District Development Standards

LI – Light Industrial Zoning District

Maximum Floor Area Ratio

Within the Pima Corridor

Maximum Building Size (Building Footprint)

Maximum Building Height

Within Pima Corridor

Minimum Building Setback

From R.O.W or private street back-of-curb of:

Arterial, Freeway or Highway (SR 87)

Collector

Local street

From side/rear property line or site boundary

adjacent to:

LI zoning district

Non-LI zoning districts

AR within A/LDR land use category

Minimum Building Separation

(between buildings on the same site)

Between building sides

Between primary and accessory buildings.

Between accessory buildings

Minimum Landscaping and Open Space

Streetscape / Landscape setback

Landscape Buffers and Borders

Building Base Area

Parking lot landscaping

Public and employee parking areas

Total minimum landscaping and open space

(includes all landscape areas)

Dimensional Development Standards

0.45

200,000 sq. ft. Greater than 200,000 sq. ft. requires

a Conditional Use Permit

45 ft.

80 ft. (6 story limit)

35 ft. plus ½ ft. for each 1 ft. over 45 ft. height

30 ft. plus ½ ft. for each 1 ft. over 45 ft. height

30 ft.

10 ft. plus ½ ft. for each 1 ft. over 45 ft. height or

minimum base area depth, whichever is more

20 ft. plus ½ ft. for each foot over 45 ft. height

35 ft. plus 1/2 ft. per 1 ft. over 45 ft. height

The sum of the minimum base landscape area depths

required of the adjacent buildings per Section 6.3.11

B.2. or building code, whichever is greater

Per building code or minimum 12 ft. if used as

walkway, whichever is greater

Per building code or minimum 12 ft. if used as

walkway, whichever is greater

See Articles 6.1, 6.3, 6.5 and 6.7

Per Section 6.3.5

Per Sections 6.3.6 and 6.3.7

Per Section 6.3.11

Per Section 6.7.6 and Article 6.3

20% of site

Section 3.7.1

Purpose

The Agricultural Residential (AR) zoning district is intended for agricultural uses and the homes of

Community members and their families. It also accommodates other uses that are a necessary part or

extension of agricultural operations or uses which serve the collective needs of the Community

members.

Section 3.7.2

Permitted Uses

The Land Use Table in Chapter 4 (Table 4.1) establishes the uses permitted within the AR Zoning

District.

Section 3.7.3

Nonresidential uses

Community Services and government facilities provided for the SRP-MIC by or on behalf of the

SRP-MIC located on land zoned AR shall comply with the AP district and general development

standards.

Non-agricultural and non-residential uses other than those provided by or on behalf of SRP-MIC

must be located in the Commercial Mixed Use or Neighborhood Commercial Land Category in

the General Plan and zoned in the appropriate Commercial, Mixed Business or Industrial zoning

district.

Section 3.7.4

District development standards

A. Fences, hedges, and walls shall conform to Section 6.3.8 in Article 6.3 Landscaping, Screening

and Walls.

B. District development standards for the AR district are shown in Table 3.7.

Table 3.7 AR District Development Standards

AR – Agricultural Residential

Single Family

Zoning District

Minimum home site size (net)

With Sewer

10,890 sf

With Septic Tank

14,520 sf

Community

Support Housing

NonResidential

n/a

Minimum Width

Minimum Depth

25 ft.

n/a

Maximum Building Height

26 ft.

50 ft.

30 ft.

Maximum Density

Primary Structure

1 unit/home site

n/a

45%

20 ft.

25 ft.

20 ft.

45 ft.

12 ft.

8 ft.

12 ft.

8 ft.

45 ft.

Maximum lot/site coverage (under

roof)

Minimum Building Setback

Front Yard

Primary Structure

Accessory Structure

Side Yard

Primary Structure

Accessory Structure

Rear Yard

Primary Structure

Accessory Structure

20 ft.

8 ft.

20 ft.

8 ft.

Minimum Building Separation

Per building code

Minimum Open Space

(percentage of gross site area)

n/a

Streetscape /Landscape setback

n/a

Per Section 6.3.5

Building Base Area

n/a

Parking lot landscape for Residents,

Public, and Employees

n/a

Per Section 6.7.6

and Article 6.3

Section 3.8.1

45 ft.

Per building

code

n/a

Per Section

6.3.5

n/a

Per Section

6.7.6 and Article

6.3

Purpose

The Natural Resource (NR) zoning district is intended for open space, wildlife habitat, wetland and

environment rehabilitation, recreation, farming, or the extraction, processing and storing of minerals

from the site.

Section 3.8.2

Permitted uses

Uses allowed shall conform to those listed in the Land Use Table in Chapter 4 (Table 4.1).

Section 3.8.3

District development standards

A. All uses and development in the Natural Resource (NR) district shall comply with the related

dimensional standards described in this Section, Table 3.8, the general district regulations and

standards of Article 3.2, and the applicable standards and regulations of the other Chapters of

this ordinance.

B. General Provisions.

All permanent facilities shall be developed in a manner that blends in with the natural

environment of the surrounding area, has a low profile, and the least visual impact as

possible.

Natural landscape screens or buffers shall be provided or preserved along the project

perimeter.

Removal of existing vegetation shall be the minimum necessary for the development.

Restoration plans that specify improvements, time of completion and cost estimates for all

restoration work may be required.

A non-revocable letter of credit may be required for use by the SRP-MIC government for the

completion of restoration if the restoration is not completed at the agreed -upon level and on

the agreed-upon schedule according to the approved restoration plan.

Table 3.8 NR District Development Standards

NR - Natural Resources

Zoning District

Dimensional Development Standards

Maximum Floor Area Ratio

0.25

Maximum Building Size (gross floor area)

No maximum building size applies

Maximum Building Height

40 ft.

Minimum Building Setback

Table 3.8 NR District Development Standards

NR - Natural Resources

Zoning District

Dimensional Development Standards

From R.O.W or private street back-of-curb of: 30 ft.

Arterial, Freeway or Highway (SR 87)

Collector

30 ft.

Local Street

30 ft.

From side/rear property line when adjacent to:

all zoning districts except LI

30 ft.

LI district

20 ft.

A/LDR land use area

50 ft. plus 5 ft. per 1 ft. of structure height over 25

ft.

Minimum Building Separation

(between buildings on the same site)

Between building sides of primary buildings

The sum of the minimum base landscape area

depths required of the adjacent buildings per

Section 6.3.11 B.2. or building code, whichever is

greater

Between primary and accessory buildings

Per building code or minimum 12 ft. if used as

walkway, whichever is greater

Between accessory buildings

Per building code or minimum 12 ft. if used as

walkway, whichever is greater

Minimum Open Space and Landscaping

See Articles 6.1, 6.2, 6.3 and 6.7

Streetscape / Landscape setback

Per Section 6.3.5

Building Base Area

Per Section 6.3.11

Parking lot landscape for:

Public and employee parking areas

Per Section 6.7.6 and Article 6.3

Fleet parking or equipment storage

7 ft. perimeter landscape screen

No interior landscape required.

Total minimum landscaping and open space

15%

Section 3.9.1

Purpose

The intent of the Open Space (OS) zoning district is the preservation of the predominantly open lands

in the Community and maintenance of the natural desert characteristics of the area.

Section 3.9.2

Uses allowed

Uses allowed shall conform to those listed in the Land Use Table in Chapter 4 (Table 4.1).

Section 3.9.3

District development standards

The general district development standards shall be the same as those used in the AR district. The

Zoning Administrator may modify these standards to reduce the impact of development or to maintain

the natural desert character of the area.

Section 3.9.4

Design standards in elevated and hillside areas

Development in the OS zoning district where the terrain has a natural grade of ten (10) percent (a

vertical rise of 10 feet in a horizontal distance of 100 feet) or greater, or which is elevated such that

development will have a significant visual impact shall conform to this Section.

A. Site grading.

Grading is limited to the area necessary for proposed improvements.

Grading shall be designed to:

Conserve natural topographic features and appearances, including natural drainage

courses and existing vegetation to the extent practicable.

Blend graded slopes and benches with natural topography.

Undulate the finished grade in a manner similar to the natural topography in the vicinity

of the site.

Control drainage in a manner that does not concentrate storm water runoff and cause

erosion.

No cuts and fills or clearing shall occur in areas with slopes in excess of twenty -five (25)

percent.

Cuts and fills shall not exceed twenty (20) feet in height from the toe of the fill to the top of

the cut including the heights of any retaining walls.

Cuts are preferred to fills where the slope of fill material exceeds three (3) foot horizontal to

one (1) foot vertical (3:1) or where it would be difficult to re-vegetate with native plants.

To achieve the maximum concealment of cut slopes adjacent to proposed structures, cut

slopes around the structure shall extend the least practicable distance from the structure.

The visual impact of grading shall be minimized by doing most of the cut under the structures

and incorporating retaining walls into the structure.

All graded areas shall be protected from wind and water erosion using acceptable slope

stabilization methods.

Exposed retaining walls shall not exceed six (6) feet above finished grade and be

constructed of materials that blend with the surrounding natural area. Where a higher wall is

required, multiple parallel retaining walls shall be part of a tiered or terraced retaining wall

system with at least four (4) feet of horizontal landscaped area between walls.

B. Site selection for structures.

Breaking the silhouette of the background landforms shall be avoided. Locate structures

where existing land forms serve as backdrops rather than the sky as viewed from the

residential areas of the Community, and

Choose sites that have the smallest visual impact as viewed from the residential area of the

Community.

Unique geological features, such as rock outcroppings or cliff faces shall not be disturbed.

Special care shall be taken in the design of sites so that those features are preserved.

C. Design.

Architecture, building materials and other

improvements should blend with the surrounding

area. See SRP-MIC Design Standards and Policies.

Design structures to fit the site to the extent

possible, minimizing modification of the site to fit

the proposed structures.

Design buildings and structures to blend into the

surrounding natural environment:

D. Re-vegetation/Restoration.

Site disturbance shall be minimized.

Re-vegetation and restoration shall conform to

applicable standards in Sections 6.3.3 and 6.3.4.

Construction equipment and stockpiled soils shall

only be stored in areas that are to be disturbed

during construction, such as roadway, driveway,

and structure locations and in previously disturbed

areas whenever possible.

All periphery areas disturbed by construction

activity and all imperious areas on the site shall be

re-vegetated in a manner and density similar to or

higher than that existing prior to construction in a

manner that blends into the surrounding area.

Restoration plans providing improvements, time of

completion and cost estimates for all restoration

work may be required along with a non-revocable

letter of credit for use by the SRP-MIC government

for the completion of the restoration, if the

restoration is not completed to the agreed-upon

level and on the agreed-upon schedule according to

the approved restoration plan.

Visual impacts of structures and

buildings should be minimized, as

follows:

o Use native materials on surfaces

to the extent possible.

o Use material colors and textures

that match those in the

surrounding natural environment.

o Break up large continuous tall or

wide building facades, create a

diversity of massing to reduce the

apparent size of structures, or

divide a structure into separate

modules and/or use different

materials in different sections.

o Orient walls to match adjacent

vertical surfaces so lighting plays

on the walls in a manner similar

to that in adjacent areas, where

applicable.

o Articulate wall planes at various

levels and provide a variety of

solid and void elements that

correspond with the surrounding

area and/or use planters and

native landscaping to break-up

and mask the wall plane.

o Use native landscaping adjacent

to walls to provide a screen and

break up the mass of the

structure and direct any storm

water runoff to the landscaped

areas to enhance plant health

and growth.

Chapter 4

Section 4.1.1

Land Uses and Specific Use Standards

Uses Permitted within Zoning Districts

The uses allowed in the various zoning districts are

listed in Table 4.1, referred to as the “Land Use Table”

throughout this ordinance.

Uses in all of the zoning districts are required to obtain

applicable approvals (Chapter 2), comply with

applicable General Development Standards (Chapter

6), District Development Standards (Chapter 3), the

provisions of any applicable Overlay District and any

applicable specific use standards in this Chapter 4 and

Chapter 7.

All uses shall comply with all other applicable SRP-MIC

legal requirements.

The various uses allowed in each

zoning district were selected based

upon a variety of criteria, including

how well they meet the purpose of

the zoning district, how compatible

they are, how well they function with

other uses in the same district and

where the zoning district is located.

The Land Use Table is arranged to make it easier to find a specific type of use and to

determine in which zoning district that use is permitted.

The first column of the table, with the heading “General Land Use Category” lists and

describes the general types of land uses in which the individual users are grouped.

The second column, under the heading “Principal Use”, lists uses that fit within the

description of the general use category. The uses listed are intended to be examples

and include analogous uses. Detailed definitions of the principal uses are provided in

Chapter 8 of this ordinance. (See Section 4.1.3 for uses not listed in the Land Use

Table). If the use is not defined in Chapter 8, the commonly used definition applies.

The symbols under the “Zoning Districts” heading, (AR, C1, C2, C3, MB, LI, AP, OS,

and NR) represent the various Zoning Districts. These districts are defined in Chapter 3

and the Zoning Map indicates the areas of the Community where they apply.

Section 4.1.2

Use and Interpretation of the Land Use Table

A. The symbols listed in the same row of the principal use (A, AC, UR, C, N, P) indicate the status of

that use within the zoning district listed at the top of the column. The meaning of the symbols is

described below:

“A” - ALLOWED USE. An "A" in the Land Use Table (Table 4.1) indicates the principal use is

allowed within the zoning district.

“AC” - ALLOWED WITH CONDITIONS. An "AC" in the Land Use Table (Table 4.1) indicates

the principal use is allowed within the zoning district if the proposed use meets the specific

use standards related to that use in Article 4.2, and as listed in Table 4.2. Uses that do not

meet the specific use standards may be permitted with a Conditional Use Permit approved by

the Community Council.

“UR” -ALLOWED WITH A USE REVIEW. A “UR” in the Land Use Table (Table 4.1) indicates

that a Use Review is required as described in Section 2.13 to determine whether the use is

allowed, allowed with conditions, or allowed with approval of a Conditional Use Permit

described in Article 2.8.

“C” - CONDITIONAL USE. A "C" in the Land Use Table (Table 4.1) indicates the principal use

is only permitted in the zoning district if the Community Council approves a Conditional Use

Permit as described in Article 2.8. These uses are allowed on a case -by-case basis and may

not be appropriate in all locations within a zoning district.

“N” - NOT ALLOWED. An “N” in the Land Use Table (Table 4.1) indicate the principal use is

not allowed within the zoning district unless otherwise allowed by a use variance, an overlay

district, or by another provision of this zoning ordinance.

“P” – PROHIBITED. A “P” in the Land Use Table (Table 4.1) indicates that the use is not

permitted under any circumstances.

B. Accessory uses. Unless otherwise stated in this ordinance, accessory uses are allowed in

conjunction with an existing principal use and are subject to the same regulations as the principal

use.

1. Accessory uses are buildings or structures on the same site or property as the related

principal building that:

Support uses that do not operate independently of the principal use and are subordinate

in building area, intensity of use, or purpose to the related principal building or primary

use(s) served.

Are compatible with and do not adversely affect the other principal uses permitted under

zoning regulations applicable to the property or adjacent uses.

May contribute to the comfort or convenience of the occupants of the related principal

building or use served.

May be attached or detached from the structure continuing the primary use.

The Zoning Administrator’s determination of an accessory use may include:

The amount of site area or floor space and equipment devoted to the activity compared

to the principal use.

Relative amounts of sales from the use compared to the principal use.

How the use typically advertises itself and the proposed signage.

Whether the activity is likely to operate independently of the principal use on the site.

The customer type for the use compared to that of the primary use.

The relative number of employees in the use or activity compared to the principal use.

The typical building and site arrangement in relation to the principal use.

C. Temporary uses. Uses or activities that are temporary may be permitted through a Special Use

Permit. Special Use permits are addressed separately in the SRP-MIC Code of Ordinances.

Section 4.1.3

Interpretation of uses and uses not listed in the Land Use Table

A. Analogous uses.

1. The Zoning Administrator may make an interpretation that a use not specifically listed is

analogous to a use that is listed in the Land Use Table.

Uses determined to be analogous to a use listed in the Land Use Table:

May be allowed, allowed with conditions, allowed with a conditional use permit or not

allowed within particular zoning districts, similar to the most similar use listed in the Land

Use Table.

May be required to meet specific use standards.

The Zoning Administrator’s decision is final for administrative determinations of analogous

uses.

Methodology. The provisions that apply to a land use will be determined giving consideration

to the following:

General description of the land use category.

Purpose and location of the zoning district.

Characteristics of the other uses permitted in the zoning districts with and without

conditions.

Type and number of customers served by the use.

Number and type of employees in the use.

Amount and type of traffic generated by the use.

Hours of operation.

General scale of the proposed use compared to the scale of other uses in the same

category or zoning district.

Vehicles and equipment used or associated with the operation of the use.

Potential for adverse impacts between the use and other allowed uses in the zoning

district.

Potential for adverse impacts between the use and the uses allowed in adjacent zoning

districts.

Extent to which adverse impacts of a use can be mitigated and the practicability of

necessary conditions and mitigation measures.

Record of Interpretations. A record of all interpretations of this ordinance shall be maintained in

the Community Development Department.

Table 4.1 Land Use Table

Key: A – Allowed; AC - Allowed with conditions; UR - Requires a Use Review

P – Prohibited ; C – Requires Conditional Use Permit; N – Use is Not

Allowedprohibited. See Section 4.1.22.1.A for descriptions.

GENERAL LAND USE CATEGORY

PRINCIPAL USE

ZONING DISTRICTS

AR1 C1

C3 MB3 LI3 AP1 OS

AGRICULTURAL

Use of land for farming of crops,

pasturing and animal husbandry,

including directly related accessory

structures and activities.

Animal husbandry

Animal sanctuary

Apiaries and honey extraction

Auction (agricultural products,

equipment)

Breeding and keeping of male rooster,

chicken, hen, fowl, poultry, cockerel or

similar for purposes of cockfighting

Commercial stables

Community garden

Composting (commercial for sale)

Dairying

Farm center

Farming

Feed store, Agricultural supply store,

Saddle and tack shop

Feedlots, Factory farming

Maintenance/repair, rental shop, for

agricultural equipment (as a business)

Open grazing

Packing House for agricultural

products produced within SRP-MIC.

Pasturing of livestock

Plant nursery wholesale

Processing or curing agricultural

products produced within SRP-MIC

Produce stand

Riding academy

Slaughtering of animals commercially

Worker housing - Agricultural

NP NP NP NP NP NP NP NP NP

C AC AC AC N

NP NP NP NP NP NP NP NP NP

AC AC AC AC AC AC AC N

A N N N N A N N

AC AC AC AC AC AC AC N AC

C N N N N C N N C

NP NP NP NP NP NP NP NP NP

C N N N N N N N N

RESIDENTIAL

Residential Dwellings, including

Community Support Housing, for

members of the SRP-MIC and their

families only.

Community support housing

Mobile home park

Single family dwelling

Home occupation and related

accessory building(s)

N N N N N N

A NA NA A A A

NA NA

AC AC AC AC

AC AC N

C C

Animal shelter/Pound

C AC N

Crematorium

Government agency offices or services A

Morgue

Mortuary/Funeral Home

INSTITUTIONAL & CIVIC

Community Services - Government

facilities through which services are

provided for Community members

and residents by or on behalf of the

SRP-MIC government.

Table 4.1 Land Use Table

Key: A – Allowed; AC - Allowed with conditions; UR - Requires a Use Review

P – Prohibited ; C – Requires Conditional Use Permit; N – Use is Not

Allowedprohibited. See Section 4.1.22.1.A for descriptions.

GENERAL LAND USE CATEGORY

PRINCIPAL USE

ZONING DISTRICTS

Public safety and emergency response

station (e.g., police, ranger, fire,

ambulance)

Senior center

SRP-MIC offices (administration,

general government and human

services, meeting facilities)

SRP-MIC government public works

facilities (equipment yard,

maintenance and repair shop, material

storage)

AR1 C1

C3 MB3 LI3 AP1 OS

Correctional/Law enforcement detention or correctional related

government services by and for the

SRP-MIC.

Correction center and detention

facilities (jail, honor camp,

reformatories, juvenile center)

Court house/Justice center

Probation or parole office

Weapons firing range

Community Recreation - indoor or

outdoor facilities that provide active

or passive recreation opportunities

for the SRP-MIC members.

Community/Youth activity center

Club or Lodge, Social Club, Charitable

organizations

Community park with active recreation

facilities (public swimming pools,

playgrounds, recreational sports fields

and courts)

Fair Grounds

Neighborhood center

Neighborhood park

Riding and hiking trails (recreational)

Cemetery, Columbarium, Mausoleum

Library, museum, cultural center, art

Cultural - facilities providing for the gallery, performing arts

cultural, religious, recreational,

Memorial hall, Cry house

social, intellectual and artistic

activities and manifestations primarily Places of worship (20,000 sf. or less

on-site)

for the Community.

Places of worship (20,001 sf. or more

on-site)

N NA N

Community public or private school

Educational Institutions/Schools Vocational, technical and trade schools N

providing education and/or training.

Vocational, technical and trade

schools, Agricultural-related

College or University

Table 4.1 Land Use Table

Key: A – Allowed; AC - Allowed with conditions; UR - Requires a Use Review

P – Prohibited ; C – Requires Conditional Use Permit; N – Use is Not

Allowedprohibited. See Section 4.1.22.1.A for descriptions.

GENERAL LAND USE CATEGORY

PRINCIPAL USE

ZONING DISTRICTS

AR1 C1

C3 MB3 LI3 AP1 OS

Ambulance services (private /

commercial)

Assisted living facility

Health and welfare center

Hospice

Hospital

Hospital - psychiatric

Medical office / clinic

Medical testing center

Medical treatment center

Nursing home

Rehabilitation center - behavioral

Rehabilitation center - medical

Urgent care facility

Animal Crematory

Animal hospital

Kennel

Pet day care

Pet grooming

Veterinary clinic

N N N N N C

C N N C C C

N N N C C C

N N N AC AC AC

N A A A A A

N AC AC AC AC AC

Day care center (children or adult)

AC AC AC C

N AC N

Day care-home-based (children or

adult)

AC AC AC N

N AC AC N

Personal Services

Auction

Preserve/Conservation area - an

Wildlife preserves, desert preserves,

area in which native flora and fauna nature preserves, culturally significant,

historic or archeological areas.

and other environmental or cultural

aspects are protected in their natural

condition.

OFFICE / PROFESSIONAL SERVICES

Automatic Teller Machine (ATM)

General Office - activities conducted Financial Institution

in an office setting and generally

Business, Professional and Corporate

focusing on business, government,

Headquarter Offices

professional, or financial services.

Intensive office use, Call centers

Medical Services --- uses involving

the diagnosis, treatment and care of

humans.

COMMERCIAL / RETAIL SALES / SERVICE TRADES

Animal-Related Services – uses

providing for the care of pets and

other domestic animals.

Services – uses primarily providing

non-medical services related to

Dry cleaning drop off/pick up station

recurring individual needs and sale of

Laundromat