# /Salt River Pima-Maricopa Indian Community (2026) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Asalt_river_community%3A400731de2bdcf4eb ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text /Salt River Pima-Maricopa Indian Community 10005 East Osborn Road Scottsdale, Arizona 85256 ORDINANCE NUMBER: SRO-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Chapter 25 of the SRP-MIC Code of Ordinances providesd in Article 2.6 that it may be amended, supplemented, modified or repealed. Therefore, the Zoning Ordinance (as amended by SRO-467-2015 and SRO-478-2016) is hereby repealed in its entirety, and a revised Zoning Ordinance, codified in Chapter 25 of the SRP-MIC Code of Ordinances is hereby adopted in its entirety pursuant to Article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: i 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Name Ordinance Date Approved Changes Revised Zoning Ordinance SRO-467-2015 July 1, 2015; Effective July 31, 2015 Repealed SRO-74-82 and replaced with new Chapter 25, SRO-467-2015 2016 Technical Amendment SRO-478-2016 December 9, 2015 Revised Article 2.5 Community Council Approval Process 20236 Amendment Repealed SRO-467-2015 and SRO-478-2016 and replace with SRO-XXX202X. ii 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 iv 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: A. Promote and protect the public health, safety, convenience, aesthetics and welfare of the Community members and visitors of the SRP-MIC. B. Promote effective and efficient development review and land use administration. C. Provide for the social, physical and economic advantages resulting from the comprehensive and orderly planned use of land resources. D. Implement the goals, policies and objectives of the Community’s General Plan and applicable purposes of development in Code of Ordinances. E. 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. 1 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 A. 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. B. 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. C. 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 A. 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. B. 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. C. 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 2 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. D. 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. E. 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. F. 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 A. 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. B. 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. C. 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. 3 D. 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 A. 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. B. Establish minimum and maximum penalties for violations. C. 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: A. Zoning Ordinance Text Amendments at the request of the Community Council. B. Zoning Map Amendments. C. Conditional Use Permits. D. Variances (Dimensional and Use). Section 1.2.4 Development Review Committee A. 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. B. 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. C. Duties and Powers. 4 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. D. 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. 5 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: A. Administer, carry out and enforce the Zoning Ordinance. B. Promulgate, issue, and enforce rules, policies, procedures, standards and guidelines needed or appropriate to implement and enforce this ordinance. C. Determine and establish requirements for the application processes in this ordinance. D. Make recommendations to the Land Management Board and Community Council on applications requiring Community Council approval. E. Make recommendations to the Community Council regarding the content of this ordinance. F. Waive specified provisions of this ordinance in times of emergency. G. Approve, as specified in this ordinance, modification to plans and conditions of approval established by the Community Council. H. 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. I. Appoint a Zoning Administrator and Code Enforcement Officer (s) and act in their absence. J. Interpret the meaning and intent of the General Plan. K. 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. A. Determine whether a development proposal is consistent with the General Plan goals, policies and land use map. B. Interpret the meaning and intent of the Zoning Ordinance and of any overlay district established in this ordinance. C. 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. D. 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. E. Review and approve, approve with conditions, or deny applications eligible for the administrative review process, including, but not limited to: 6 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: A. Enter and inspect properties for compliance with this ordinance. B. Notify responsible persons when a violation exists through notices of violation and the establishment of reasonable timeframes for remedying such violations. C. Confirm satisfactory implementation of the required remedies. D. Issue citations imposing penalties for violations that are not remedied in the timeframe provided in the related notice of violation. E. 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 A. 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. B. 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. 7 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. C. 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. D. 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. 8 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. E. 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. F. 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. G. Abatement. When any violation of this ordinance constitutes an immediate danger to the public health, safety or general welfare of the Community, Community officials may take such actions as they deem necessary to remove the danger from the property. The Community shall be entitled to recover all reasonable costs from the responsible person(s) related to any abatement action . H Future approvals or permits. Payment of all outstanding fines and penalties shall be required prior to the issuance of any approvals or permits to a premises, person or business required by this ordinance or by the building code against which there exists an outstanding fine or penalty. 9 Chapter 2 Application, Review and Approval Processes The purpose of this Chapter is to establish the required application, review and approval processes and procedures related to this ordinance. The timeframes provided for the various processes are approximate and actual processing times may vary from those stated. 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. 10 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 A. 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. 11 C. 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. C. 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. D. 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. E. The applicant will be notified and provided any comments upon completion of the review. 12 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. 13 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. 14 B. The Community Council may, at its discretion, approve, approve with conditions or revisions, or deny the application, or may continue the application to a future date or set a meeting date at which it will make its decision. C. Notice of Decision. 1. The Community 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. A. Community Council may adopt and make amendments to the Community’s General Plan. Section 2.6.1 Review Process A. Applications for General Plan amendments shall follow the application processes described in Articles 2.1, 2.2, 2.3 and 2.5. B. 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. 15 A. 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. B. 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. 16 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. B. 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.. B. Applications for a dimensional variance are made following the application processes described in Articles 2.1, 2.2, 2.3 and 2.5. 17 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. B. The applicant has the burden of proving the findings in subsection A above. Section 2.10.4 Conditions of Approval A. 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. B. 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. 18 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 A. Use Variances are approved by the Community Council following the processes described in Articles 2.1, 2.2, 2.3 and 2.5. B. 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. 19 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: 1. 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. 20 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 A. 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 A. Applicability Review Process Applications for a Use Review follow the review process decribed in this Section. 21 B. 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. C. 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 D. The applicant may elect to submit an application for Conditional Use Permit in lieu of a Use Review. Section 2.13.3 A. 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. 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. B. 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. C. 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. B. 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. 22 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 A. Applications may be submitted by the person in control of the property or an authorized representative. B. Applications will follow the application processes described in Articles 2.2 and 2. 3. C. The Zoning Administrator shall determine whether an application shall be approved administratively or through the Development Review Committee. D. Development Review decisions are subject to Section 2.13.6 thru 2.13.8. Section 2.14.3Section 2.13.3 Eligibility A. 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. B. 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. C. 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 A. Following the application processes described in Articles 2.2 and 2.3, a Development Review Committee will convene and review the application. B. 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. 23 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 24 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 A. 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. B. 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 A. 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. 25 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. 26 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: AP Administrative Public C1 Village Commercial C2 Community Commercia; C3 General Commercial MB Mixed Businesss LI Light Industrial AR Agricultural/Residential C1 Village Commercial C2 Community Commercial C3 General Commercial MB Mixed Business LI Light Industrial AP Administrative/Public Services OS Open Space NR Natural Resource OS 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. 27 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. 28 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. F. 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. 29 G. Building separation. Upper level walkways and decks, upper level architectural embellishments, building shade elements and roofs or shade structures connecting or spanning any distance between adjacent buildings may encroach into the minimum required separation between buildings subject to 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. I. 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 AR 55 45 C1 65 55 C2 65 55 C3 65 65 MB 65 65 LI 70 65 AP 65 55 OS 55 45 NR 60 45 30 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. NR 70 55 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. 31 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. Q. 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. 32 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. 33 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. A. 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 34 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. 35 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 C1 C2 C3 Maximum Floor Area Ratio 0.25 0.25 0.25 Within the Pima Corridor 0.45 0.45 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. 36 Table 3.4 Commercial District Development Standards C1, C2 & C3 – Commercial Zoning Dimensional Development Standards Districts C1 C2 C3 Maximum Building Height 25 ft. 30 ft. 40 ft. Within the Pima Corridor 80 ft. 80 ft. 80 ft. (6 story limit) (6 story limit) (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 C2 C3 (includes all landscape areas) 18% 18% 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. C. No on-street parking is permitted in the MB district. D. Accessory outdoor storage is allowed, unless otherwise noted in this ordinance, if screened from view in accordance with Section 6.3.9. 37 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 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 A. District development standards for the LI district are shown in Table 3.6. B. Unless specifically stated otherwise, all standards and provisions apply equally to principal and accessory uses. 38 C. No on-street parking is permitted in the LI district. D. 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. E. 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. F. District development standards for the LI district are shown in Table 3.6. G. Unless specifically stated otherwise, all standards and provisions apply equally to principal and accessory uses. H. 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 zo [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Asalt_river_community%3A400731de2bdcf4eb. Public record. Not legal advice.